Consultation on Federal Network Agency EEG 2014 Own-Supply Guidance Paper

The Federal Network Agency has started a consultation on a guidance document on so-called own-supply under the EEG 2014 (Leitfaden Eigenversorgung). Comments are due by 20 November 2015.

1. Background

Pursuant to Sec. 61 EEG 2014, transmission system operators (TSOs) have a right to claim the EEG surcharge directly from end consumers on electricity that is not supplied to them by electricity suppliers. For electricity supplied by electricity suppliers, the EEG surcharge is claimed from the electricity suppliers, who pass them on to the consumers. The EEG surcharge is in principle uniform per kWh of electricity consumed by an end consumer. It serves to cover the difference between the costs resulting from the support for power supported by the EEG and the revenues generated by the sale of the EEG power on the free market by the TSOs.  In 2016 the EEG surcharge will increase to 6.354 ct/kWh, up 3% from 6.17 ct/kWh this year.

Under the EEG 2014, a reduced EEG surcharge applies for so-called self supply at a rate of 30% for electricity consumed after 31 July 2014 and before 1 January 2016, 35% for electricity consumed after 31 December 2015 and before 1 January 2017, and 40% for electricity consumed after 1 January 2017. The commercial attractiveness of self-supply is further increased as self-supply regularly also means supply without the use of the public electricity grid. This in turn means that energy surcharges otherwise added based on grid or power usage (e.g. grid fees, concession fees, offshore surcharge, interruptible loads surcharge, § 19 StromNEV surcharge, CHP surcharge) may also not apply.

Consequently, supply structures falling under the self-supply exemption provide considerable commercial advantage, mainly due to the fact of surcharges and fees not having to be paid.

2. BNetzA Consultation

In light of the commercial attractiveness, there is quite some discussion what “self-supply” actually means in more sophisticated supply structures. One key element is that the consumer and the operator of the power plant need to be identical. Things get more difficult when it comes to determining who the operator is, in particular in supply structures involving other parties as owners and service providers.

In that context, BNetzA is planning to offer interpretative guidance with its proposed “Leitfaden zur Eigenversorgung”. Comments can submitted electronically by 20 November 2015.

Source: BNetzA

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