Applications for approval of tariffs under section 23a EnWG
Ruling Chamber 9 does not generally issue approvals for individual network tariffs (the price on the price sheet) but, in line with the Incentive Regulation Ordinance (ARegV), merely approves the amount of revenue that gas network operators are allowed to generate. However, in accordance with section 1(2) ARegV, the Ordinance does not apply to gas network operators that have not yet been set a revenue cap for each calendar year pursuant to section 4(1) ARegV for a transitional period up to the end of the regulatory period.
Tariffs are thus calculated cost-reflectively as set out in section 21(2) sentence 1 EnWG for this transitional period up to the start of the new regulatory period for which the revenue caps are set for the calendar years. This rule is applied, for example, to operators that have set up new gas supply systems after the base year of the regulatory period. When tariffs are calculated cost-reflectively, tariffs for network access require approval pursuant to section 23a EnWG. Section 54(1) and (2) EnWG sets out that the Bundesnetzagentur is responsible for approvals under section 23a EnWG if the applicant operates a gas distribution system within the meaning of section 3 para 8 EnWG that crosses federal state borders or if at least 100,000 customers are directly or indirectly connected to the system.
Operators of newly constructed gas supply systems falling under the competence of the Bundesnetzagentur pursuant to section 54(1) and (3) EnWG have to apply for approval from the authority for their network access tariffs. Approval must be applied for in writing at least six months before the tariffs are due to take effect.
Submitting data:
The tariff applications, including all the documents needed to check them, should be submitted to the Bundesnetzagentur in writing or electronically.
Notes on submitting applications in writing:
- Applications should ideally be on single-sided A4 paper and must be signed.
- It is recommended to send them to the Bundesnetzagentur by registered post, along with the other documents required under section 23a(3) EnWG.
LNG facilities:
LNG facility operators also need approval under section 23a EnWG to levy tariffs. They are subject to special rules.
More information may be found here.