Evidence of particular hardship (section 34a ARegV)
Under section 34a of the Incentive Regulation Ordinance (ARegV), distribution system operators (DSOs) can apply for an adjustment to their revenue cap by providing evidence of particular hardship caused by the transition to the adjustment of capital expenditure.
The adjustment of capital expenditure (capex true-up) for DSOs pursuant to section 6(3) ARegV was introduced in the Second Ordinance amending the Incentive Regulation Ordinance of 14 September 2016 (Federal Law Gazette I page 2147). A transitional provision was set out in section 34(5) ARegV to cover investments from the first two regulatory periods in order to avoid general hardship caused by the change of system. In addition, in a decision of the Bundesrat on 25 June 2021 (Bundesrat printed paper (decision) 405/21), a final, related transitional provision was added to the ARegV in the form of section 34a for the duration of the fourth regulatory period. It gave network operators the opportunity to claim particular hardship in exceptional circumstances and possibly have their revenue cap adjusted to receive additional revenue to attenuate this particular hardship.
The hardship application may only be submitted electronically via the Bundesnetzagentur's energy data portal until 30 June 2022.
The ruling chamber has received the following applications for procedures:
Completed procedures may be found in the Decisions database.