Extended Consultation Deadline for BNetzA Guideline on Offshore Damages

The Federal Network Agency (BNetzA) has extended the deadline for comments on a “Guideline Establishing the Damages Payable to Operators of Offshore Power Plants in Case of a Disruption of the Connecting Power Line, a Connection Delay or Maintenance Work, Which Are Passed on the End Consumers” (Leitfaden zur Ermittlung einer umlagefähigen Entschädigung bei Störung, Verzögerung oder Wartung der Netzanbindung von Offshore-Anlagen) until 30 April 2013.

The amendment of the German Energy Act (EnWG) that entered into force on 28 December 2012 inter alia introduced a number of provisions concerning offshore power plants. These include Section 17e EnWG, according to which an operational offshore wind farm may receive liquidated damages of 90% of the applicable feed-in tariff pursuant to the Renewable Energy Sources Act (EEG) in case of a grid connection delay, a prolonged disruption of a power line or maintenance work. This applies generally as of the 11th day of non-input of power.

Pursuant to Section 17e para. 1 sent. 2 EnWG, damages have to be calculated based on the average input of a comparable power plant for each day of the disruption. The resulting costs can be passed on to end consumers according to Section 17f para. 1 sent. 2 EnWG.

In order to give further guidance as to the interpretation of Section 17e para. 1 sent. 2 EnWG, BNetzA intends to issue the „Guideline Establishing the Damages Payable to Operators of Offshore Power Plants in Case of a Disruption of the Connecting Power Line, a Connection Delay or Maintenance Work, Which Are Passed on the End Consumers”. Therefore BNetzA published the draft in March and put it up for consultation, the deadline for which has now been extended until 30 April 2013. The draft contains proposals for establishing the costs put forward by BNetzA and includes various questions for transmission operators and operators of offshore wind farms.

The guideline shall establish a calculation method that impartially assesses damages and does not unduly burden the end consumers, BNetzA pointed out.

Source: Federal Network Agency

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