Presidential Decision on Surplus Energy Sales for Unlicensed Plants After 10-Year Support Period Published

Presidential Decision No. 11415 published in Official Gazette No. 33279 on 13 June 2026 establishes new procedures and principles for the evaluation of surplus energy at generation plants that continue unlicensed operation after completing the 10-year period under the YEK Support Mechanism, pursuant to Article 14 of Electricity Market Law No. 6446.

Under the decision, all energy produced at plants located at the same metering point as the consumption facility may be offered for sale. For plants where production and consumption are at different metering points, the surplus energy volume that may be sold will be determined by EMRA.

The sale price of surplus energy will be set at 90% of the relevant YEKDEM price and may not exceed the Market Clearing Price. Electricity fed into the system must be purchased by the incumbent supply companies.

While the regulation clarifies the sale price and volume for plants that have completed 10 years and will continue unlicensed operation, the Constitutional Court's decision of 10 March 2026 deferred implementation for 9 months regarding the transition of these plants to licensed status.

NOTE 1: The Constitutional Court decision published in the Official Gazette on 10 March 2026 found that the licence acquisition fee paid by unlicensed plants transitioning to licensed status after completing ten years of operation is not an administrative fee but a public-law financial obligation, and that leaving the amount, calculation method and upper/lower limits entirely to administrative discretion is unconstitutional. Implementation was deferred for 9 months to allow the necessary legislative amendments.

NOTE 2: Under EMRA Board Decision No. 14613 dated 21 May 2026, the Unlicensed Producer-2 tariff will apply to feed-in distribution charges for relevant plants until the Presidential Decision is published. The distribution charge was reduced from 208.1065 kurus/kWh to 65.6008 kurus/kWh.