Capex mark-up un­der sec­tion 4(4) para 1 in con­junc­tion with sec­tion 10a ARegV

Transmission system operators (TSOs) and distribution system operators (DSOs) may apply for an adjustment to their revenue caps on the basis of a capital expenditure mark-up (capex mark-up) pursuant to section 4(4) para 1 in conjunction with section 10a of the Incentive Regulation Ordinance (ARegV). The aim of the capex mark-up is to include capital costs from investments made after the base year, which were not taken into account in the determination of the revenue cap for the calendar years, in the revenue cap without delay. To do this, network operators have to apply no later than 30 June for the capital costs that were incurred from 1 January in the year following the base year and the capital costs that are expected up to 31 December of the year for which the capex mark-up is to be approved. The difference between the approved capex mark-up pursuant to section 10a ARegV and the capex mark-up resulting from the consideration of the capital costs actually incurred is then settled with effect for the permissible revenue cap via the incentive regulation account pursuant to section 5(1) ARegV.

The guidance note on the capex mark-up states that the network operators' applications under section 10a(9) ARegV must contain all the documents needed to carry out the calculation for the capex mark-up pursuant to section 10a(1) to (8) ARegV. Applications for approval of a capex mark-up must be submitted electronically using the Bundesnetzagentur's energy data portal.

The ruling chamber has received applications for the following procedures:

Completed procedures may be found in the Decisions database.