BNetzA Limits Pooling of Points of Supply Under StromNEV

The 8th Ruling Chamber of the Federal Network Agency (BNetzA) has issued a decision limiting the pooling of points of supply pursuant to the Electricity Grid Charges Ordinance (Stromnetzentgeltverordnung – StromNEV).

Pooling means that several supply points of one customer connected to a grid are aggregated if electricity is transmitted at the same time. It is often used by industrial consumers, who can thus reduce costs.

BNetzA ruled that Section 17 StromNEV in principle provides for an individual calculation of grid charges for each point of supply. Only in specific cases can – and if the requirements are met – must grid operators as of 1 January 2012 aggregate points of supply. An exception applies for the duration of a concession agreement on the operation of electrical grids, if the supply points were created after a change of the concessionaire in order to bring about an unbundling of metering points. A grace period until the end of the first regulation period that ends in December 2013 applies to pooling agreements that were in place prior to 1 January 2011. This limited derogation of Section 17 StromNEV, which BNetzA is entitled by StromNEV to prescribe, provides unambiguous rules for pooling that reduce the potential for discrimination and will lead to lower overall grid costs, BNetzA held.

Source: Federal Network Agency Press Release, Decision of 26 September 2011

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