News

Dr. Andreas Klemm spoke with Dr. Florian Brahms, lawyer in Berlin, published in Energie & Management, about the jurisdiction of the Higher Regional Court Düsseldorf on the demarcation between the grid and the customer system. A short interview on the recent decisions that are of essential importance for contracting and the concretization of the requirements for a #customer plant in the #EnWG and are relevant for the implementation of tenant flow concepts.

On 27 September 2018, the Federal Ministry for Economic Affairs and Energy (BMWi) published a draft bill to amend the Market Master Data Register Regulations (MaStRV). The main (necessary) changes are as follows: Greater protection of personal data with regard to publications concerning smaller installations with an installed capacity of up to 30 kW and adjustment of deadlines for delays in the commissioning of the web portal. Registrations of market players, units, EEG and CHP plants and projects, which have been submitted within the first 24 months after the launch of the web portal, should be officially reported as punctual. In addition to linguistic smoothing, there are some fine adjustments regarding registration obligations.

The #EU Commission has approved the partial exemption for the year 2018 from the #EEG levy for the #own supply of electricity from cogeneration plants (in short: CHP). Electricity generated in a #CHP plant and consumed by the operator himself in close proximity to the #generation plant is therefore only 40 % of the EEG levy. It is to be welcomed that the Commission has approved an exemption for the cogeneration plant, but the exemption is only to be criticised for 2018, as this does not provide investment security and the necessary expansion is not achieved.

By decision of 13 March 2018, the OVG Münster commented on the requirements for compulsory connection and use of a district heating network. According to the decision of the OVG, it is not necessary for the municipality itself or one of its companies to operate the district heating network, but it may also be a private company supplying district heating. However, the municipality must ensure that the "character of a public institution" is preserved, i. e. in particular that the institution is also made available to the inhabitants of the municipality and that the municipality itself can exert a decisive influence on an equal right of use for citizens on reasonable terms. This is the case with the municipality's own operation.(OVG Münster, Decision ofd 13.03.2018 - 15 A 971/17)

How is the term "decentralised generation plant" to be interpreted in § 18 StromNEV? This can be decisive for questioning whether or not a system operator is entitled to the payment of avoided network charges. The BGH took a decision in an administrative procedure under energy industry law as an opportunity to clarify: For the interpretation of the term "decentralised generation plant" in § 18 StromNEV, the definition in § 3 No. 11 EnWG is to be used. The StromNEV does not contain any deviating provisions in this respect. (BGH, decision from 27. February 2018 - Az.: EnVR 1/17)

Within the scope of the second round of calls for cogeneration units, the federal network agency (short: BNetzA) has accepted 14 bids with a bidding volume of 91 megawatts in accordance with the KWKG. The volume-weighted average surcharge value is 4. 31 ct/kWh. The lowest bid value is 2. 99 ct/kWh. The highest bid value is 5. 20 ct/kWh. The average bid value has therefore risen slightly compared to the first round of calls.