EEG Clearing Agency Issues Recommendation Concerning Metering

Clearingstelle EEG (EEG Clearing Agency has issued a recommendation concerning the metering and the operation of metering points under Section 7 para. 1 EEG 2012.

Clearingstelle EEG ) serves interested parties with regard to the interpretation and disputes relating to the Renewable Energy Sources Act (EEG). In its latest recommendation, Clearingstelle held that according to Section 7 para. 1 sent. 1 EEG the operators of renewable power plants in the sense of the EEG are primarily responsible for metering and the operation of the metering points with the exception of installations in the sense of Section 21d EnWG 2011. To this end they can instruct the grid operator, a knowledgable third party or carry out the  metering themselves provided they comply with legal requirements, in particular concerning the necessary expertise.

Concerning the second question raised in the opening decision, EEG Clearing Agency said that in order to determine whether an operator that carries out metering himself has the necessary expertise to do so, the agency’s recommendation 2008/201 no longer applies. Instead the expertise has to be measured against Section 7 para.1 sent. 2 EEG 2012 in connection with Section 21b para. 2 sent. 1 and para. 4 sent. 2 EnWG 2011. For plants commissioned before 1 Januar 2012 however, Section 7 para. 1 EEG 2009 and the criteria on the necessary expertise set out in recommendation 2011/2/22 continue to apply.

A third topic addressed in the recommendation deals with the contracts between the grid operator and the meter operator. EEG Clearing Agency held that grid operators can demand that a contract in the sense of Section 7 para.1 sent. 2 EEG 2012 in connection with Section 21b para.2 sent. 4 EnWG 2011 is concluded concering the operation of the metering point. However, the grid operator is not entitled to demand the conclusion of such a contract before fulfilling his obligations under the EEG that include grid connection as well as the purchase and transmission of the energy fed into the grid and the payment of feed-in tariffs.

The recommendation contains certain caveats. In one such caveat the agency points out that the recommendation is subject to a differing regulation of the matter by the Federal Network Agency or legal amendments that could be based on Section 21i EnWG (German Energy Act).

Source: Clearingstelle EEG

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