With the Electricity Market Law, the concept of "independent consumer" was introduced in our country for the first time. Independent consumers are individuals or legal entities with annual consumption exceeding the value determined by the Authority each year, allowing them to choose their suppliers.

In the early years, a limited number of consumers gained the status of independent consumers. Over the years, as the freedom in the electricity market increased and the limit for independent consumers decreased, the number of independent consumers rapidly increased, and making all consumers independent is set as the ultimate goal. As the number of independent consumers has increased, the number of supply companies established to trade electricity and licensed by our Authority for this activity has also rapidly increased.

The limit for independent consumers for the year 2022 was determined as an annual consumption of 1100 kWh and above by the Electricity Market Regulatory Board. This figure is reevaluated by the EMRA at the beginning of each year and is reduced as deemed appropriate.

 

What Are the Basic Rights as an Independent Consumer?

Residential subscribers who consume electricity exceeding the independent consumer limit in the previous calendar year or the current year can exercise their right to become independent consumers.

Independent consumers, upon termination of their bilateral agreements or upon request, can purchase electricity and/or capacity within the scope of the last resort supply from the authorized supply company in their region (a company that sells electricity at approved tariffs to non-independent consumers/non-users of their right in the relevant distribution region, as approved by the Board).

If consumers within the scope of independent consumers choose to exercise their right to select their supplier, it is mandatory to install electronic meters capable of performing multi-time measurements in compliance with the regulations published by the Authority.

Meters that are not suitable for consumers are replaced by the distribution company within the relevant month, and the unsuitability of the meter does not prevent the exercise of the right to choose a supplier. 

 

How Do You Know If You Are an Independent Consumer? 

Consumers can see whether they are independent consumers or not on the payment notification or invoices sent/left by the authorized supply company. The payment notification or invoices include the current year and the previous calendar year's consumption amounts for the subscription. If this amount exceeds the independent consumer limit determined by the Board for that year, it means you have the right to become an independent consumer.

 

What to Do When You Want to Exercise Your Right as an Independent Consumer? 

A residential consumer who has the right to become an independent consumer and wishes to exercise this right must sign a bilateral agreement with any of the licensed supply companies approved by our Authority.

Bilateral agreements are commercial agreements made between individuals or legal entities according to private law provisions, regarding the purchase and sale of electricity and/or capacity, and are not subject to the approval of the Board.

Licensed supply companies are listed on the EPDK website. These companies operate without any regional restrictions and engage in wholesale or retail sales activities to independent consumers. Consumers who want to exercise the right to become independent consumers should first check whether the company that wants to sell electricity is a licensed company.

A contract proposal meeting the minimum conditions specified within the scope of the Subscription Agreements Regulation (ASY) in force under the Consumer Protection Law (TKHK) should be offered to residential subscribers.

If there are issues not regulated in this contract, the regulations under the Electricity Market Consumer Services Regulation are applied.

 

What Agreements/Contracts Should Be Signed with the New Supplier? 

Subscription agreements with residential subscriber suppliers are signed based on the Subscription Agreements Regulation (ASY), which is based on the Consumer Protection Law (TKHK).

When signing the Subscription Agreement, the Energy Procurement-Sale Notification Form/Information Form and, if any, the Commitment Form must be presented to the consumer for signature.

 

How to Terminate an Existing Subscription? 

The current retail sales contract can be terminated by the consumer by submitting the form in the form filled out by the consumer to the authorized supply company during the relevant month, as stated in the Subscription Agreement Form (ASY) te.

The electricity of the consumer is not cut off due to the change of the supplier and the termination of the existing contract.

 

Who and How Often Reads the Meters, What Minimum Provisions Regarding the Contract Are Included in the Payment Notification? 

Meters are read by the distribution company at least once in every calendar month in periods of at least 25 and at most 35 days.

The payment notification or invoices to be sent to those who commit to purchasing electricity for a certain period should include information on the duration of the commitment, the month of the commitment, the end date of the commitment, and the application principles of the penalty fee and/or withdrawal fees in case the commitment is broken. 

 

What to Consider When Determining the Price? 

The prices paid by consumers consist of three main elements: energy cost, distribution cost, and funds, fees, and taxes. All cost items are included in these amounts.

Except for the funds, fees, and taxes applied to non-independent consumers, these amounts can be accessed from the link.

You can compare the proposed prices with the prices applied to non-independent residential consumers (Single or multi-time tariff classes). When determining the proposed discount rate:

• Is it on the energy cost?
  
  
• Is it on the (energy cost) + (distribution cost)?
  
• Is it on the (energy cost) + (distribution cost) + (fund, fee, and tax) total?

It should be considered.

 

When Does the Subscription Agreement Come Into Effect, Is There a Right of Withdrawal? 

If the contract and its annexes are signed between the 1st and 5th days of the current month (unless otherwise stated), it comes into effect at the beginning of the next month. If the contract and its annexes are signed between the 6th and 30th days of the current month (unless otherwise stated), it comes into effect at the beginning of the next month.

The consumer has the right to terminate the indefinite-term or specific-term subscription agreement, which has a term of one year or longer, at any time without stating any reason and without paying a penalty.

If the consumer has signed a contract/agreement with a commitment period of less than one year, the consumer has the right of withdrawal within 14 days after the contract/agreement comes into effect.

 

What to Do If There Is a Dispute with the Supplier? 

In the resolution of disputes arising from the contract/agreement, if the value is below the value determined by the Ministry of Customs and Trade (http://tuketici.gtb.gov.tr/duyurular/tuketici-hakem-heyetleri-2016-yili-parasal-sinirlari), the consumer arbitration boards must be applied to disputes in which the value exceeds the determined limit. In places where there are no consumer courts, it will be necessary to apply to the civil courts of first instance.