With a new master plan the City of Hamburg intends to increase charging stations for electric cars to 592, including 70 locations with DC charging stations for fast recharging. Hamburg and the German Federation are supporting the expansion with EUR 4.7 million.
I am happy to report that Who’s Who Legal has again identified me in their research with clients and peers as being amongst the world’s leading energy lawyers.
According to several press reports, RWE AG has filed a lawsuit against the State of Hesse and the German Federation claiming damages because of shutdown orders issued in 2011 for its two nuclear power plant units located in Biblis, Hesse. Neither RWE nor the state of Hesse appear to have as yet commented on the amount of damages.
The German Federal Statistical Office (destatis) has presented new data about the dependence of the EU Member States on foreign energy imports in 2012. Arbeitsgemeinschaft Energiebilanzen (AGEB) has also provided some additional 2013 German energy data.
The security of supply in the electricity sector remained on a high level, even improving slightly in 2013, the Federal Network Agency (BNetzA) informed. System disruptions per connected end customer measured according to the System Average Interruption Duration Index (SAIDI) fell from 15.91 minutes in 2012 to 15.32 minutes in 2013, a level well below the average of 16.92 minutes for the period from 2006 to 2012.
The Cartel Senate of the Federal Court of Justice (Bundesgerichtshof - BGH) delivered an important ruling clarifying the obligation of a former concessionaire who operated an electricity distribution grid on land owned by the town Homberg to transfer ownership of the installations to a new concessionaire under Section 46 German Energy Act (EnWG) as applicable until 3 August 2011. The new concessionaire, a company in which the town of Homberg holds a stake, had been awarded the right to operate the grid by the town. Despite an interpretation of the old version of Section 46 EnWG that was favourable for the new concessionaire BGH upheld a judgement by the prior instance to revoke a decision for abusive practice (Missbrauchsverfügung) by Federal Network Agency (BNetzA) against the former concessionaire, ordering him to transfer ownership. BGH argued the new concession agreement was void as the concession was awarded in an intransparent manner.
By decision of 13 August 2014, the Federal Network Agency (BNetzA) determined its new procedures for future allocations and transfers of offshore grid connection capacity.
With the release of the volume 2 of the 3rd edition of the Berlin Commentary on Energy Law (Berliner Kommentar zum Energierecht), my commentary on German energy installation law has also been updated to include legal developments up to 2014.
To counteract the increasing number of cyber attacks and improve the IT security of public authorities and the private sector, the Federal Ministry of the Interior has presented a ministerial draft for an IT Security Act (IT-Sicherheitsgesetz). The draft also contains new provisions for critical infrastructure, including in particular the energy sector.
After the latest revision of the EEG, electricity producers who consume their self-generated power (auto-generators) in principle also have to pay the EEG surcharge. As the government has not yet issued an ordinance containing further details on payment and notification obligations, the TSOs informed that for the time being auto-generators payment and notification obligations are suspended.