Ruling Chamber 8 is one of five ruling chambers for energy regulation at the Bundesnetzagentur. Its tasks involve regulating the costs of electricity network operators, wether on distribution or transmission level. Ruling Chamber 8 also holds several tasks regarding the investments of transmission system operators.
Regulation on network tariffs of distribution system operators is split between the Bundesnetzagentur and federal state regulatory authorities, the latter regulating those DSO´s with less than 100.000 customers connected and within state boundaries.
The ruling chamber undertakes these tasks within the scope of its own remit and in a few cases on behalf of federal state regulatory authorities under the terms of administrative agreements. Ruling chamber decisions are issued by the Chair and two Vice Chairs.
The tasks of Ruling Chamber 8 as set out in the organisation chart include, in particular, proceedings relating to the revenue caps for electricity network operators under the Energy Industry Act (EnWG) and the Incentive Regulation Ordinance (ARegV) as well as the costs of grid reserve power plants on the basis of the EnWG.
The tasks of Ruling Chamber 8 in detail:
- Approvals for participation in the de-minimis procedure under section 24 ARegV
- Cost examinations under section 6(1) ARegV for setting the base level for revenue cap
- Setting revenue caps
- Network charge approvals under section 23a EnWG for newly-formed electricity network operators
- Decisions relating to the regulatory account within the meaning of section 5 ARegV and notifications in accordance with section 28 para 2 ARegV
- Decisions on applications for capex mark-ups – section 10a ARegV
- Examining special supply circumstances within the effinciency benchmark – section 15(1) ARegV
- Assessing the the hardship clause of efficiency levels – section 16(2) ARegV
- Decisions on hardship applications in case of “force majeur” – section 4(4) ARegV
- Decisions on applications for network operator research and development costs in accordance with section 25a ARegV
- Decisions on transferring revenue caps for split networks in accordance with section 26 ARegV
- Setting the quality element – section 32(1) para 6 ARegV
Supervisory proceedings relating to network charge calculations, examining network charge calculations and validations in accordance with section 28 paras 3 and 4 ARegV and section 28 of the Electricity Network Charges Ordinance (StromNEV), and questions relating to:
- pooling – section 17(2a) StromNEV
- "pancaking" – section 14 StromNEV
- calculating avoided network charges – section 18 StromNEV
- singularly used operating resources – section 19(3) StromNEV
- Notifications of annual revenue cap adjustments in accordance with section 4 ARegV, electricity report submissions in accordance with section 28 para 1 StromNEV
Decisions on self-commitments as referred to in section 11(2) sentence 4 ARegV, in particular:
- transmission system operators' self-commitments on system services costs
- agreeing appropriate remuneration for grid reserve power plants with the transmission system operators and plant operators for grid reserve voluntary commitments
- Setting the remuneration for lignite-fired power plant standby status and closure in accordance with section 13g EnWG
- Determinations on volatile costs under section 32(1) para 4a ARegV for electricity network operators
- Classifying electricity distribution systems as closed distribution systems in accordance with section 110 EnWG
- Abuse proceedings under section 30 and section 31 EnWG relating to matters within the ruling chamber's remit
- Supervisory and compliance measures under section 65 et seq EnWG relating to matters within the ruling chamber's remit
- Setting administrative fines and prosecuting administrative offences as referred to in section 31 StromNEV relating to matters within the ruling chamber's remit
- Tasks under section 76 in conjunction with section 3(4) and section 47(2) para 2 of the Metering Act (MsbG)
Please note that the following link 'Beschlusskammer 8' provide regularly updated information in German only!
