Energy supply network; application for permission to start operation.

The commencement of the operation of an energy supply network requires prior approval.

Description

The commencement of operation of an energy supply network requires prior approval by the Bavarian State Ministry of Economic Affairs, Regional Development and Energy.

Energy supply networks are electricity supply networks and gas supply networks over one or more voltage levels or pressure stages, with the exception of customer installations as defined in Section 3 Nos. 24a and 24b of the Energy Industry Act. Approval may only be refused if the applicant does not have the personnel, technical and economic capacity and reliability to guarantee network operation in the long term in accordance with the provisions of the Energy Industry Act.

Prerequisites

The applicant must have the personnel, technical and economic capacity and reliability to guarantee network operation in the long term in accordance with the provisions of the Energy Industry Act.

Deadlines

Approval must be obtained prior to commencement of operations. The Bavarian State Ministry of Economic Affairs, Regional Development and Energy decides on the granting of the permit within six months of the submission of complete application documents (Section 4 (1) of the Energy Industry Act). Care must be taken to ensure that applications are submitted in good time.

Required documents

  • To the applicant:

    • Power of attorney (if the application is made for a third person)
    • Company description (business purpose, management, organisation)
    • Organization chart
    • Shareholders' agreement/contracts, articles of association, etc.
    • Extract from the commercial, association or cooperative register or proof of business registration.
    • Certificate of good conduct of the managing directors
    • Curriculum vitae of the managing directors
    • Existing energy law permits - if applicable

  • On the planned energy supply network:

    • Project description: Description of the network, the operation of which is to be commenced, with quantity structure. In particular, information must be provided on the location of the network, the technical facilities (with performance data), the network customers and the operation of the network.
    • Concession agreement (right of way agreement) - if applicable
    • Cartographic representation of the energy supply network with exact demarcation to upstream or downstream energy installations, circuit diagram, if applicable further planning documents
    • List of technical installations, in particular indication of the pressure levels (LP, MD, HP < 16 bar, HD >16 bar) or voltage levels (LV, MV, HV, extra-high voltage) existing in the supply network < 16 bar, HD >- if not evident from the map material
    • Purchase/lease agreement for the network - if applicable

  • Description of the personnel, technical and economic capacity to ensure permanent network operation in accordance with the provisions of the Energy Industry Act:

    • Binding management contract for the entire technical and commercial management or other service contracts.
      • If applicable, proof of the qualification and capability of the operator/service provider must be provided.
      • In the case of other service contracts, evidence must also be provided of the applicant's personnel qualifications as a responsible manager in the technical or commercial sense.
    • Presentation of the applicant's personnel and technical capabilities, insofar as no binding operation management contracts are available.
    • Submission of TSM certification - if available. May render further presentation on personnel and technical capability superfluous.
    • Presentation of the fault clearance service/risk management for network operation - insofar as not evident from operation management or service contracts.
    • Designation of the technical manager in accordance with VDE application rule VDE-AR-N 4001 (S 1000) or DVGW worksheet G1000 with presentation of the corresponding qualification.
    • Proof of medium-voltage switching authorisation - if applicable
    • Proof of economic viability to guarantee grid operation in the long term in accordance with the provisions of the EnWG.
      • Proof of capital resources in the form of an annual report or annual financial statements (in the case of newly established companies: opening balance sheet) with budgeted income statement.
      • If available: Letter of comfort, profit and loss transfer agreement, information from a business information service on creditworthiness or statement from the legal supervisory authority with assessment of economic capacity/municipal council or city council resolution on commencement of grid operation.

Fees

  • Fee range for approval: 30 to 7,500 euros

Remedy

Administrative court proceedings; information

administrative claim

Status: 15.07.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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