Electricity and gas networks; application for approval of network charges, classification as a closed distribution network or the implementation of an abuse procedure

The Regulatory Chamber of the Free State of Bavaria, as the state regulatory authority, is responsible for the regulation of network operators to whose network less than 100,000 customers are directly or indirectly connected and whose network does not extend beyond the territory of Bavaria. Its tasks include, in particular, the setting of revenue ceilings, the monitoring of the regulations on unbundling, the supervision of abuse and the classification of so-called closed distribution networks.

Description

The state regulatory authorities, together with the Federal Network Agency in Bonn, are responsible for regulating the electricity and gas supply networks in order to create the conditions for fair competition in the supply of electricity and gas.

In Bavaria, the tasks of the state regulatory authority have been independently performed by the "Regulatory Chamber of the Free State of Bavaria" since 01.02.2013. As the electricity and gas supply networks constitute a so-called natural monopoly, the regulatory authorities have the task of providing all market participants with unhindered access to the networks and creating the conditions for safe, reliable and efficient network operation.

In particular, the regulatory authorities are responsible for the following tasks:

  • Setting revenue caps (electricity and gas)

    With the start of incentive regulation on 01.01.2009, the obligation to approve charges for the use of electricity and gas distribution networks on a cost basis, which existed until then, ceased to apply. The system of incentive regulation is based on a nationwide efficiency comparison, which aims to create incentives for more efficient service provision by the network operators. For this purpose, grid operators will be given calendar-yearly upper limits for the permissible total revenue from grid charges (so-called revenue caps) from 01.01.2009 onwards. The grid operators automatically convert the revenue caps into charges for access to the energy supply grids and publish them on their website.
    The procedures for determining revenue caps are initiated ex officio by the Land regulatory authority. For networks for which sufficient cost data for the nationwide efficiency comparison are not yet available (e.g. newly established networks, former works networks), network charges are approved for a transitional period and must be applied for.
  • Monitoring of unbundling regulations (so-called unbundling)

    Unbundling means managing network operations separately from other energy industry activities (generation, sales).
  • Abuse proceedings, in particular if an operator of an energy supply network fails to meet its legal obligations or otherwise abuses its market position
  • Classification of so-called closed distribution networks

    The existence of a closed distribution network is subject to strict conditions.

Procedure

  • for the determination of revenue caps: no application required, procedure is initiated ex officio by the Land regulatory authority
  • for the approval of network fees: application pursuant to section 23a of the Energy Industry Act (Energiewirtschaftsgesetz)
  • for classification as a closed distribution network: informal application
  • for the implementation of an abuse procedure: informal application

Special notes

The Regulatory Chamber of the Free State of Bavaria, as the state regulatory authority, is responsible for regulating network operators to whose network fewer than 100,000 customers are directly or indirectly connected and whose network does not extend beyond the territory of Bavaria. In this respect, the governments support the regulatory chamber of the Free State of Bavaria.

The Federal Network Agency is responsible for the operators of extra-high voltage and transmission networks and for distribution networks with more than 100,000 directly or indirectly connected customers as well as for transnational distribution networks.

Deadlines

Approval of network charges: Approval must be applied for in writing at least six months before the date on which the charges are to take effect (section 23a(3)(1) of the Energy Industry Act).

Required documents

  • for the approval of network charges: cost statements
  • for monitoring the provisions on unbundling: submission of an equal treatment programme and report pursuant to section 8(5) sentence 2 of the Energy Act
  • for classification as a closed distribution network: submission of data on the network structure and connected customers in accordance with section 110(3) of the EnWG

Fees

  • Fees are charged for the setting of revenue caps, the approval of network charges, the decision in abuse proceedings and for classification as a closed distribution network, the respective amount of which is based on the administrative effort required and the economic importance of the matter. The minimum fee for abuse proceedings is €5,000.

Links to more information

Status: 20.08.2021

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

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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