AusglMechAV Amendment Enters into Force on 1 January 2011

On 1 January 2011, the amendment of the Equalisation Scheme Execution Ordinance (AusglMechAV) will enter into force. AuslMechAV sets the rules for transmission systems operators (TSOs) for the marketing of energy from renewable sources for which fixed feed-in tariffs are paid pursuant to the Renewable Energy Sources Act (EEG).

Pursuant to the AusglMechV, on which the AusglMechAV builds, TSOs have to sell renewable energy fed into their networks at the spot market (financial equalisation). To curb the costs, which are ultimately passed on to the consumer with the so-called “EEG reallocation” (EEG-Umlage), AusglMechAV stipulates for 2010 that network operators are not required to sell at any price. In certain limited cases, they are allowed to set price limits. This exemption has been extended in a slightly modified form until February 2013.

A price limit can only be set upon a call for a second auctioning of the electricity because of negatives prices the previous day. The limit can fluctuate within a range of negative prices of EUR -150/MWh to EUR -350/MWh. TSOs are required to publish the details of a price limit. The requirements for determining price limits are also explicitly mentioned.

Sources: Federal Law Gazette 2010 I, page 1946; Federal Network Agency

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