Actualités

The Federal Network Agency (BNetzA) is reacting to the effects of the corona virus and is adapting the mechanism for the tendering of renewable energies and CHP plants. The dates of the call for tenders and the implementation of the call for tenders will not be adjusted in the process. However, the successful bidders will not already be awarded the contract, but will first receive an assurance, so that the deadlines associated with the award will not yet begin to run. In addition, the BNetzA announces that for bids for #Wind energy on land and biomass that have already been awarded the implementation deadlines would be granted unbureaucratically by informal application.

The Federal Ministry of Economics intends to significantly advance the production and use of hydrogen, and has now presented its ideas in this respect in a comprehensive draft of a "National Hydrogen Strategy";. According to the study, CO2-free hydrogen offers great industrial policy opportunities and, due to its many and varied applications, plays a central role in completing the energy revolution. German companies were already leading in hydrogen technologies. This global pioneering role should be secured; numerous measures should make Germany the leading producer of hydrogen produced on the basis of renewable energies.

The #Clearingstelle #EEG #KWKG has already published on December 13, 2018, a notice on #self-sufficiency for so-called general electricity. Self-sufficiency within the meaning of § 61 EEG 2017 also applies in the case of personal identity between the plant operator and the operator of consumption facilities for cooling or heating parts of buildings, community lighting and lifts. In this respect, the Clearingstelle EEG KWKG creates legal clarity for the use of #solar plants and #BHWK in the real estate industry. At the same time, the necessary differentiation from other electrical quantities, e. g. #tenant electricity is pointed out. (Clearingstelle EEG KWKG, Note from 13. 12. 2018 - Ref. : 2018/10)

What is "building structure"; within the meaning of the EEG? The Clearingstelle EEG KWKG commented on this in an arbitration award dated 11 January 2019. The parties to the arbitration proceedings had it clarified whether a site on which fills and excavations had been carried out for the construction of a transmitter and on which certain structural elements had been installed is to be classified as "other structural installation"; and whether a corresponding claim for funding thus exists. The Clearingstelle affirmed this and made it clear that an area can simultaneously have the characteristics of a conversion area and another building structure. In this respect, there is no relationship of exclusion or superiority/subordination between the acts of promotion in the EEG.

The OLG Düsseldorf has decided that the BNetzA is obliged to anonymously disclose bid values from the tender for wind energy. One unsuccessful bidder argued that it could not be ruled out that knowledge of the bid amount might provide the complainant with further indications of an inadmissible price agreement pursuant to Section 34 (1) b) EEG 2017. The Düsseldorf Higher Regional Court granted this to the extent that, in connection with the location and type of plant, which can also be seen from the bid, conclusions can regularly be drawn about the profits with which the respective bidder has calculated, which is why the bids would only have to be disclosed anonymously. (OLG Düsseldorf, Resolution of 14. 11. 2018 - Ref. : 3 Kart 6/18)

The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.