KAYIP KAÇAK BEDELİNİN HUKUKİ BAKIMDAN DEĞERLENDİRİLMESİ

Electricity sector is reorganized by the Electricity Market Law. This transformation enabled liberalization, dissociation of operations, setting of each operation according to their real cost while ensuring the transparence in the electricity market. Especially within the scope of “principle of transparency” denoted by the first clause of the law, the composition of electricity costs from producer to consumers and weight of each component activity on the bill have become visible. Thus, the theft and losses rates of electricity -which have been existing for years, but their weights on the bill never been shown- have become known, based on the areas of distribution. Due to the price equalization mechanism, which is a transitional period application, the extra costs that is suffered by consumers in one area of distribution due to the costs of another distribution area has been an reality that cannot be hidden. The target of an electricity market that is based on competition and real costs on one hand, and protracted transitional period applications which does not comply with this target on the other hand accompanied contradictory regulations inexpedient with the objectives of the law. In this setting, arbitration committees of consumers, courts of justices, the supreme court of appeal have ruled decisions contradicting with secondary positive regulations on theft and losses costs. Thus, the status of the aforementioned decisions against positive secondary regulations and the jus of judicial courts to rule in defiance of these secondary regulations need to be clarified.