Dezentrale Energieversorgung ist Thema bei AssmannPeiffer, Rechtsanwälte für Energierecht, speziell für Mandanten mit Fragen zu Mieterstrom-Modellen und Regionalstrom

Energy Industry

DECENTRALIZED ENERGY SUPPLY

Concepts of decentralized power supply contribute to the success of the energy transition, since they relieve the network system. Examples of this are the so-called Mieterstrom- or Quartierstrom-models: multi-family houses or even entire blocks produce the majority of their own electricity demand locally in their own plants (CHP and / or photovoltaic systems).

Additional electricity is only taken from the network system during peak periods, when the decentralized power plants cannot cover the demand. The electricity generated on site is much cheaper because it is less burdened by extra-costs.

For example the Renewable Energies Act levy (EEG-Umlage) may be reduced: According to Section 61b EEG 2017, (partial) exemption is possible for models of on-site generation. This also applies if a third party (such as an energy supplier) constructs the on-site power plant and takes over its technical management. In this case, the cooperation of all parties involved requires a special contractual arrangement. First and foremost, a plant lease agreement is necessary to ensure that the consumer bears the economic risk of the plant operation and thus falls under the self-supply scheme of the Renewable Energies Act (EEG 2017).

Significantly lower extra-costs for locally generated electricity.

In addition, the locally generated electricity can be exempted from the electricity tax according to Section 9 StromStG. This may also apply, if third parties generate electricity on behalf of the consumer. It must be ensured, however, that certain requirements regarding the resale of electricity established by the fiscal authorities are adhered to.

Finally, grid fees may be saved if the electricity is not transported through the public network. In this case the concession fees, the levy according to the Combined Heat and Power Act (KWK-Umlage), the levy according to Section 19(2) StromNEV, the offshore liability levy under Section 17 f EnWG and the levy according to Section 18 AbLaV may also be saved.

As a result, smartly crafted, on-site generation models offer significant economic benefits. For their realisation, tailor-made contracts are needed on the basis of which the full value creation potential can be exploited. Other special issues may arise in the execution of these models. For example, a proper electricity labelling and billing based on the Energy Act (see Section 42 EnWG) must be ensured.

The decisive factor for the recognition of the on-site generation model by the upstream distribution network operator remains the measuring concept. Tenants who do not wish to participate in the on-site generation model must always have a free choice of their energy supplier. This is one of the legal requirements for a private network system to fall outside the state regulation, cf. Section 3 No. 24 lit. a and b EnWG. The only alternative might be the implementation of a partially regulated closed distribution system according to Section 110 EnWG. This, however, will only be a viable solution in special cases.




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Dr. Lukas Assmann

Dr. Lukas Assmann
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