Regulation of trade and supply contracts in the Turkish electricity market
The Regulation of Turkish Network Industries, Springer International Publishing Ag, ss.65-90, 2022
- Yayın Türü: Kitapta Bölüm / Araştırma Kitabı
- Basım Tarihi: 2022
- Doi Numarası: 10.1007/978-3-030-81720-6_4
- Yayınevi: Springer International Publishing Ag
- Sayfa Sayıları: ss.65-90
- Anahtar Kelimeler: Electricity trade, Freedom of contract, Liberalization, Supply contracts
- Boğaziçi Üniversitesi Adresli: Evet
Özet
The early 1980s saw a drastic transformation in the economic model choice in Turkey. Prime Minister özal declared that the mixed economic system would be replaced by a liberal economic system that was subject to the rules of free market (Duman in Sosyoloji Dergisi 23-24:105-123, 2011). The electricity market eventually benefited from this transformation. After some failed attempts in the 1980s and 1990s, the privatization of the state companies, the introduction of the Electricity Market Law (EML) in 2001, and the foundation of the Energy Market Regulatory Authority (EMRA) led to a liberal market for electricity in Turkey. The EML and EMRA promote and support the full liberalization of the electricity market. Apparently, the end users (the EML prefers the term "consumer") play important roles in expected fully liberated market. The contracts concluded by the end users have been privileged and regulated differently from the other contracts in the market. The EML regulates two different types of contracts for electricity supply to consumers in the electricity market: retail sale contracts and bilateral agreements. While retail sale contracts are concluded between the ineligible consumers and the supply company, the eligible consumers are entitled, but not obliged, to conclude a bilateral agreement with a supply company. The Electricity Market Consumer Services Regulation, issued by the EMRA, is intended to protect these consumers in the market. This chapter starts by examining the types of the contracts regulated by the EML and the Regulation in general. Secondly, the laws that are applicable to contracts for electricity supply and conflict resolutions are indicated, while noting that these are subject to private law and civil court jurisdiction. Thirdly, legal character of character and freedom of contract regarding these contracts are analyzed. Later, the content of contracts is investigated and the rights and obligations under the contracts for electricity supply to consumers are discussed. We then explain how the contracts for electricity supply are terminated is explained in accordance with the EML and the Regulation. We finish the chapter by examining competition in supply market, showing the increasing competition in the electricity market in Turkey.