New Consultation on BNetzA Guideline on Offshore Damages

The Federal Network Agency (BNetzA) has put up 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”, for consultation until 12 August 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.

Since the EnWG provisions do not further specify how to calculate the damages, 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”. Besides it shall give guidance concerning a deadline set in Section 17e para. 2 sent. 5 EnWG.

Regarding a previous consultation on the draft guideline that contained proposals for establishing the costs put forward by BNetzA and included various questions for transmission operators and operators of offshore wind farms, please see the first link below.

Comments on the proposed new guideline shall be submitted by 12 August 2013 at the latest.

Source: Federal Network Agency

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