1. Overview of access to the grid

Transkript

1 Research RES LEGAL Access to the grid Country: Austria 1. Overview of access to the grid Overview of access to the grid Statutory provisions Connection to the grid Usage of the grid Expansion of the grid In Austria, electricity generated from renewable energy sources is granted access to the grid according to the general provisions of energy law and according to non-discriminatory principles. Only the use of the grid by electricity from renewable energy sources is subject to a special order. When grid capacity is insufficient, grid operators are obliged to give priority transmission to electricity from renewable sources. ElWOG (General act on electricity) in connection with the related implementing acts of the federal states SNT-VO 2006 (Order on the calculation of the grid connection fees) System operators are entitled against the grid operator to the conclusion of a contract on the connection of a power generation system to the grid. The exact conditions are laid down in the implementing legislation of the federal states (Länder) ( 29 no. 2 ElWOG). Renewable energy systems are not given priority. Electricity from renewable sources must be given priority transmission when grid capacity is not sufficient to meet all requests for use of the grid ( 19 ElWOG). In general, entitlement to the use of the grid depends on the general provisions of energy law and must be implemented so as not to discriminate against certain grid users. Grid users are entitled to the conclusion of a contract with the grid operator on the expansion of the grid, if this expansion is necessary to satisfy their claim for connection to the grid. The exact conditions are laid down in the implementing legislation of the individual Länder ( 12 par. 1 ElWOG). Renewable energy systems are not given priority. 1

2 2. Basic information on legal sources Name of legal source (English) Name of legal source (original language) Abbreviated form Elektrizitätswirtschafts- und - organisationsgesetz Bundesgesetz, mit dem die Organisation auf dem Gebiet der Elektrizitätswirtschaft neu geregelt wird (Elektrizitätswirtschafts- und - organisationsgesetz - ElWOG) ElWOG SNT-VO 2006 Systemnutzungstarife-Verordnung 2006 Verordnung der Energie-Control Kommission, mit der die Tarife für die Systemnutzung bestimmt werden (Systemnutzungstarife-Verordnung 2006, SNT-VO 2006) Type of law Act of parliament Order Document structure Entering into force Latest amendment Titles, chapters, sections, paragraphs, numbers 01/12/ /01/ /08/ /12/2008 Articles, paragraphs, subparagraphs Future amendments Purpose Relation to renewable energy Link to full text of legal source (original language) Establishing rules for the generation, transmission, distribution and supply of electricity and the organisation of the electricity market; regulating fees and making provisions with regard to accounting ( 2 par. 1 EIWOG). This law gives priority grid access to renewable energy. In addition, its general rules on grid use are also applicable to renewable energy. ssung.wxe?queryid=bundesnormen &Gesetzesnummer= &Tabb The order has been amended. The period of assessment ended on 17/11/2009. The SNT-VO 2010 is expected to enter into force on 01/01/2010. Defining the basic principles for the calculation and distribution of the costs, for the criteria according to which the fees are calculated and for the grid use fees ( 1 SNT-VO 2006). The rules imposed by the SNT-VO 2006 shall also be applied to the grid use of electricity from renewable energy sources. ems_xml.redirecttoitem?pmasterthingid=6 2

3 edmenuselection=bundesrechttab 2927 Link to full text of legal source (English) 3

4 3. Further information Institution (name) Website Name of contact person (optional) Federal Ministry of Economy, Family and Youth, Energy and Mining Department E-Control Ltd. - Deregulation agency Austrian Energy Agency Telephone number (head office) (optional) service@bmwfj.gv.at office@e-control.at office@energyagency.at 4

5 4. Connection to the grid Abbreviated form of legal source Legal basis for a claim/addressees Priority to renewable energy (qualitative criteria) Capacity limits Limitations/deadlines Arising/enforcement of a claim Elektrizitätswirtschafts- und -organisationsgesetz (ElWOG) Systemnutzungstarife-Verordnung 2006 (SNT-VO 2006) ( ) statutory basis ( x ) contractual basis Entitled party Obligated party ( ) Priority to renewable energy ( x ) Non-discrimination System operators are entitled to the conclusion of a contract with the grid operator on the connection of a renewable energy system to the grid (general obligation to connect, 4 par. 1 no. 2 EIWOG). In pursuance of 7 no. 32 EIWOG, the exact terms on grid connection are defined in a grid access contract with the grid operator. The persons entitled are the producers of electricity ( 29 ElWOG no. 2, 3). An electricity producer is a legal entity, natural person or registered business partnership that produces electricity ( 7 no. 11 ElWOG). The obligated party are the grid operators ( 4 par. 1 no. 2 EIWOG). A grid operator is an operator of a transmission or distribution system whose nominal frequency is 50 Hz ( 7 no. 28 ElWOG). The exact conditions of entitlement to connection are laid down in the implementing acts of the federal states and the general conditions of grid use of the grid operator concerned. All system operators have the same right to the connection of their systems to the grid, irrespective of the energy source used ( 23 no. 9, 29 no. 19 ElWOG). Applications for connection of a system to the grid and for access to the grid shall be answered within a period of 14 days ( 18 par. 3 no. 12 EIWOG). The claim for connection to the grid arises at the date of the conclusion of the grid access contract. Funding State Consumers Grid operator System operator The costs of connection to the grid are borne by the grid users ( 2 SNT-VO 2006). A grid user shall be defined as every natural person, legal entity or Erwerbsgesellschaft that feeds electricity into or receives electricity from a grid ( 7 no. 26 ElWOG). Thus the costs of the connection of a renewable energy system are borne by the system operator, who pays the so-called grid-access 5

6 Distribution mechanism fee ( 2 SNT-VO 2006). In addition, he has to pay fees for measurements that have to be taken during the construction, the operation and the gauging of metering devices and the collection of data ( 9 par. 1 SNT-VO 2006). 6

7 5. Usage of the grid Abbreviated form of legal source Legal basis for a claim/addressees Priority to renewable energy (qualitative criteria) Capacity limits Limitations/deadlines Arising/enforcement of a claim Funding Elektrizitätswirtschafts- und -organisationsgesetz (ElWOG) Systemnutzungstarife-Verordnung 2006 (SNT-VO 2006) ( ) statutory basis ( x ) contractual basis Entitled party Obligated party ( x ) Priority to renewable energy ( ) Non-discrimination Every electricity producer is entitled to the conclusion of a grid access contract which regulates the use of the grid ( 4 par. 1 no. 2 ElWOG in connection with 7 no. 32 ElWOG). The entitled party are the grid users ( 4 par. 1 no. 2 EIWOG). A grid user is every natural person, legal entity or Erwerbsgesellschaft that feeds electricity into or receives electricity from a grid ( 7 no. 26 ElWOG). In this case, the grid users are the system operators. The obligated party is the grid operator ( 4 par. 1 no. 2 EIWOG). Grid operators are the operators of transmission or distribution systems whose nominal frequency is 50 Hz ( 7 no. 28 ElWOG). The transmission of electricity from renewable energy sources has to be given priority over the transmission of electricity from other, non-renewable energy sources when capacity is not sufficient to meet all demands for use of the grid ( 19 ElWOG). Apart from that, the grid operator may deny grid usage to electricity from traditional energy sources after having taken into account the applicable market prices to protect electricity generated by district heating, environmentally sustainable, resource-saving and technically and economically sound combined heat and power (CHP) plants or renewable energy systems from being crowded out. In doing so, he is entitled to sell this electricity to third parties ( 20 par 1 ElWOG). The grid operator is obliged to transmit all electricity from renewable energy sources. On the federal level, the obligation to give priority transmission to electricity from renewable energy sources is not subject to statutory deadlines. The claim for purchase and transmission arises at the date of the conclusion of the grid access contract. The costs and the distribution of the costs that arise from the promotion of renewable energy are not subject to special provisions. The costs for the use of the grid by electricity from renewable energy sources must be in line with the general provisions of energy law. State Consumers 7

8 Grid operator System operator Distribution mechanism 8

9 6. Expansion of the grid Abbreviated form of legal source Legal basis for a claim/addressees Priority to renewable energy (qualitative criteria) Capacity limits Limitations/deadlines Arising/enforcement of a claim Elektrizitätswirtschafts- und -organisationsgesetz (ElWOG) Systemnutzungstarife-Verordnung 2006 (SNT-VO 2006) ( ) statutory basis ( x ) contractual basis Entitled party Obligated party ( ) Priority to renewable energy ( x ) Non-discrimination The entitled party are the grid users. A grid user is every natural person, legal entity or Erwerbsgesellschaft that feeds electricity into or receives electricity from a grid ( 7 no. 26 ElWOG). For further information please see the implementing legislation of the individual Länder. The party obligated to expand the grid is the grid operator ( 23, 29 EIWOG). Further information can be found in the implementing legislation of the Länder. The grid operator is obliged to enable a planned system to be connected to the technically suitable connection point most closely located. However, he may refuse to enter into a contract on connection if the connection of a certain system is expected to cause unreasonable technical risks to himself or others. In that case, the operator of this system is not entitled to the expansion of the grid. For further information please see the implementing legislation of the federal states. Time limitations on a possible claim for grid expansion depend on the contract concluded. The claim for grid expansion arises at the date of the conclusion of the contract. Funding State Consumers Grid operator System operator Pursuant to the general provisions of energy law, the costs of the expansion of the grid are borne by the "receivers" ( 3 SNT-VO 2006). One group of receivers are final consumers that receive electricity from the grid ( 7 no. 10 ElWOG). Grid operators that receive electricity from the grid are also deemed to be receivers ( 7 no. 10 ElWOG). 9

10 Distribution mechanism The expansion of the grid is financed from the so-called grid provision fee. The grid provision fee is a once-only payment that reflects all works already carried out or paid for in advance to expand those grid levels that are actually used ( 3 SNT-VO 2006). 10