Tag Archive for 'OLG Düsseldorf'

BNetzA: Consultation on Draft Withdrawal of Decision on Redispatch Measures and Compensation

In 2012 the federal grid regulator (BNetzA) issued a decision for interventions in the operation of conventional power plants by the transmission system operator in order to stabilise the grid (redispatch measures). After the Higher Regional Court of Düsseldorf recently annulled these decisions in thirteen cases, BNetzA is now planning to retroactively withdraw its decision and is asking for comments on its draft decision by 22 July 2015.

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OLG Düsseldorf Annuls Two BNetzA Decisions on Redispatch Measures and Compensation

Two decisions by the federal grid regulator (BNetzA) concerning compensation for interventions in the operation of conventional power plants by the transmission system operations to stabilise the grids (so-called redispatch measures), were annulled by the 3rd Cartel Senate of the Higher Regional Court of Düsseldorf (OLG Düsseldorf) informed yesterday.

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OLG Düsseldorf Confirms Return on Equity Rates for Electricity and Gas Grids

The 3rd Cartel Senate of the Higher Regional Court of Düsseldorf (OLG Düsseldorf)  confirmed the return on equity rates for electricity and gas grid operators pursuant  to the Incentive Regulation Ordinance (Anreizregulierungsverordnung – ARegV) for the first regulation period comprising the years 2009 to 2013.

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OLG Düsseldorf: Doubts About Legal Basis for StromNEV Grid Fee Exemption

During hearings in two summary proceedings regarding grid fee exemptions for energy-intensive companies pursuant to Section 19 para. 2 sent. 2 Electricity Grid Charges Ordinance (StromNEV), the 3rd Cartel Senate of the Higher Regional Court of Düsseldorf (OLG Düsseldorf) expressed doubt with regard to a sufficient legal basis for the exemptions, the radio and television station WDR reported.

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Grid Fee Exemption for Privileged Grid Use Violating EU Law?

The 3rd Cartel Senate of the Higher Regional Court of  Düsseldorf (OLG Düsseldorf) inquired with the European Commission if the exemption of grid charges pursuant to the Electricity Grid Charges Ordinance constitutes a state aid measure in the sense of Article 107 TFEU and was formally investigated by the Commission, OLG Düsseldorf announced. The court further informed that the 3rd Cartel Senate will hold hearings in two summary proceedings on 24 October 2012. These cases concern the legality of the exemption for 2011.

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OLG Düsseldorf: Court Revokes Federal Network Agency Decision on Grid Costs

In 19 test cases the Higher Regional Court of  Düsseldorf (OLG Düsseldorf) revoked decisions by the Federal Network Agency (BNetzA) on grid fees charged by gas and electricity network operators. The cases hinged on the proper calculation of admissible costs that network operators can include, especially with regard to prices and wages concerning the construction of power lines and installations and with regard to the productivity sector used by BNetzA.

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Gas Transmission Grid Fees to be Regulated by Federal Network Agency

Fees for long distance gas transmission have to be approved by the Bundesnetzagentur (Federal Network Agency), the Higher Regional Court of Düsseldorf (ref.no. VI-3 Kart 67/08 (V)) ruled on 21 April 2010, dismissing an appeal by Statoil Deutschland Transport GmbH. Continue reading ‘Gas Transmission Grid Fees to be Regulated by Federal Network Agency’