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Ruling Chamber 9 is responsible for any decisions to be taken by the Bundesnetzagentur for the gas sector under the Energy Industry Act (EnWG) and its accompanying ordinances, as far as the decisions relate to calculating and assessing gas network tariffs.
The ruling chamber also undertakes an increasing number of activities in line with the provisions of the European network code on harmonised transmission tariff structures for gas (TAR NC).
Legal basis for Ruling Chamber 9 proceedings
EnWG
- Decisions under section 19a EnWG
The ruling chamber can take decisions in the form of determinations to define the extent to which technical adjustments to connection points, customer facilities and consumer appliances in connection with the conversion from L-gas to H-gas are necessary within the meaning of section 19a(1) sentence 1 EnWG. It can also rule that certain costs incurred by a network operator were not necessary.
- Approval of tariffs for gas network access under section 23a EnWG
Any tariffs for network access that are calculated on the basis of costs require approval. Approval must be applied for in writing at least six months before the tariffs are due to take effect. A list of the network costs must be drawn up to calculate the network tariffs.
- Decisions in abuse proceedings on the basis of sections 30 and 31 EnWG
Operators of energy supply networks are prohibited from abusing their market position. An undertaking is abusing its market position for example when it, directly or indirectly, unfairly hinders other undertakings or considerably impedes other undertakings' ability to compete without an objective justification. The ruling chamber can open abuse proceedings upon request or on its own initiative.
- Forfeit of economic advantages under section 33 EnWG
If an undertaking has deliberately or negligently breached a provision on regulating tariffs and has gained an economic advantage as a result, the ruling chamber can order the undertaking to forfeit the economic advantage and pay a corresponding amount of money to the public treasury.
- Supervisory activities under section 65 EnWG
The ruling chamber can order undertakings or associations of undertakings to stop any behaviour in breach of the provisions of the EnWG or the legal provisions issued by virtue of the EnWG, including the provisions on regulating tariffs. The ruling chamber can open proceedings upon request or on its own initiative.
ARegV / GasNEV
The arrangements for incentive regulation are set out in the Incentive Regulation Ordinance (ARegV). The ruling chamber's activities include setting the revenue caps – the caps on the total revenue a network operator is allowed to generate from network tariffs. The base level is calculated in a cost examination. The Gas Network Tariffs Ordinance (GasNEV) sets out the methods for determining the network tariffs – the tariffs charged for access to the gas transmission and distribution systems.
TAR NC / CAM NC
The European Commission issued the network code on harmonised transmission tariff structures for gas (TAR NC) with the aim of contributing to market integration, enhancing security of supply and promoting the interconnection between gas networks. The European Commission also issued a network code on capacity allocation mechanisms in gas transmission systems (CAM NC). One of the aims of the CAM NC is to establish a harmonised Union-wide process for the offer of incremental capacity. Ruling Chamber 9 regularly conducts the following procedures on the basis of these EU Regulations:
REGENT:
Determination of the main provisions for setting tariffs in the gas transmission system, in particular for the reference price methodology for setting transmission tariffs, storage discounts and methods for setting non-transmission tariffs in accordance with Articles 26 and 27 TAR NC.
AMELIE:
Introduction of an inter-transmission system operator compensation mechanism in accordance with Article 10 TAR NC.
MARGIT:
Determination of multipliers, seasonal factors and discounts for interruptible capacity and, if appropriate, discounts at entry points from LNG facilities at interconnection points in accordance with Articles 9, 15, 16 and 28 TAR NC.
Incremental process:
Process for the offer of incremental capacity in accordance with Article 28 CAM NC.
