Archive for the 'Nuclear' Category

German Cabinet Decisions on Nuclear Post Spin-Off Liability, Cross-Border Renewables Support and DSO Incentives

The German Federal Cabinet last week agreed on three energy projects items on its energy turnaround agenda. This included the (very limited) opening of tenders for the support of renewable energies for other EU Member States, the revision of the Incentive Regulation Ordinance amending incentives towards investments into distribution networks, and the decision to implement the KFK-proposal regarding the financing of the nuclear power phase-out, including post spin-off liability.

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Nuclear Phase-Out Commission Proposal: Operators to Contribute EUR 23.3 Billion Into Public Law Fund, Get Limitation of Liability

The Commission to Review the Financing for the Phase-out of Nuclear Energy (Kommission zur Überführung der Finanzierung des Kernenergieausstiegs – KFK) presented its final report on 27 April 2016. It included a proposal to establish a EUR 23.3 billion state operated fund to finance nuclear waste storage, initially paid for by the power plant operators of Germany’s four large utilities – RWE, E.ON, Vattenfall and EnBW. Responsibility for decommissioning and dismantling the nuclear power plants shall remain with the operators indefinitely.

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The Electricity Market Act Bill – A New Electricity Market Design for the German Energy Turnaround?

With its Electricity Market 2.0 project, the German government wants to take an important step towards enhanced integration of renewable energy sources into the electricity market. Renewables in 2015 already constituted about one third of Germany’s electricity consumption. The challenge is to integrate an increasing amount of intermittent renewable energy with feed-in priority into the system, in a secure, cost-efficient and sustainable way.

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Platts 7th Annual European Power Summit: Germany – New Market Design Examined

Platts is currently holding its 7th Annual European Power Summit in Amsterdam. I had the pleasure of speaking on “Germany: New Market Design Examined“.

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Euromoney’s Expert Guide for Energy 2016

I am happy to report that Euromoney included me in their new 2016 list of top legal practitioners advising on energy law. Continue reading ‘Euromoney’s Expert Guide for Energy 2016′

EnBW: No State Liability for Unlawful Nuclear Power Moratorium Damages

The Bonn Regional Court (LG Bonn) dismissed EnBW’s compensation claim against the Federal Republic of Germany and the State of Baden-Württemberg. EnBW had asked for EUR 261 million because of the temporary unlawful moratorium shutdown of the Neckarwestheim I and Philippsburg I nuclear power plants.

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Federal Cabinet approves Act on Continued Liability for Nuclear Decommissioning and Disposal Costs and Commission for Review of Financing of Nuclear Phase Out

Today the Federal Cabinet approved the “Act on Continued Liability for Nuclear Decommissioning and Disposal Costs”. Further it also approved the establishment of a “Commission for the review of the financing of the nuclear phase out” (Kommission zur Überprüfung der Finanzierung des Kernenergieausstiegs (KFK).

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Ministerial Draft: New General Controlling Company Liability Concept for Nuclear Power Operators

A ministerial draft for an Act on Continued Liability for Nuclear Decommissioning and Disposal Costs contains a concept to establish a new system of general controlling company liability for nuclear power operators. The aim is to ensure continuing and in particular create new liability  for the costs of Germany’s staggered nuclear power exit until 2022 and the follow-up costs. The draft is a reaction to concerns regarding liability of the nuclear companies prompted by the announcement of E.ON SE to split into two companies. According to media reports, E.ON considers taking legal action should the law be passed.

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New IT Requirements for Electricity and Gas Grid Operators: BNetzA Publishes IT Security Requirement List

The Federal Network Operator (BNetzA) and the Federal Office for Information Security (BSIG) have jointly published a list of requirements for the safe operation of telecommunications and electronic data systems necessary for operating energy supply networks.

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Supervisory Board Appoves New Leaner RWE with More Powers at Headquarters

Yesterday the supervisory board of RWE approved continued corporate restructuring to respond to “the massive transformation of the energy market in recent years, and in RWE’s core markets in particular”. To streamline operations the RWE AG holding company will be transformed effective 1 January 2017 into an operating company with which several German RWE subsidiaries shall be merged.

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