Executive Order On The Grid Connection Of Wind Turbines And Wind Turbine Produced Electricity For Surcharges, Etc.

Original Language Title: Bekendtgørelse om nettilslutning af vindmøller og pristillæg for vindmølleproduceret elektricitet m.m.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133266

Overview (table of contents)



Chapter 1 scope, definitions and common conditions



Chapter 2 cost allocation by grid connection etc.



Chapter 3 the definition of existing wind turbines



Chapter 4 scrappage schemes for wind turbines on land



Chapter 5 opting out of charge



Chapter 6 the movement of wind turbines



Chapter 7-accountability



Chapter 8 Decisions



Chapter 9 Inventory of full load hours for existing wind turbines per 1. April 2001



Chapter 10 appeals



Chapter 11 sanctions



Chapter 12 entry into force

The full text

Executive order on the grid connection of wind turbines and wind turbine produced electricity for surcharges, etc. 1)

Under section 30, § 39, paragraph 8, article 42, paragraph 8, article 43, paragraphs 2 and 3, § § 53, 57 and 61, § 65, paragraph 3, § § 68, 70 and 73 of Act No. 1392 by 27. December 2008 on the promotion of renewable energy, as amended by Act No. 622 of 11. June 2009, and section 85 (a) of the law on electricity regulation. lovbekendtgørelse nr. 516 of 20. May 2010, fixed:



Chapter 1



Scope, definitions and common conditions



§ 1. The notice applies to electricity-generating wind turbines on land and at sea, which connects to the electrical grid.



(2). In this order, the following definitions shall apply:



1) At an offshore wind turbine is a wind turbine, which is placed on the territorial waters or in the exclusive economic zone.



2) By a designated wind area means an area designated by the State or by the municipality in a municipality plan specifically designated for the establishment of one or more wind turbines, without prejudice. circular on planning for and the fact that the permit for the erection of wind turbines.



3) installed power means the stated nominal power wind turbine that is specified in the technical approval of the basic regulation. Ordinance on the technical authentication scheme for the design, manufacture, erection, maintenance and service of wind turbines.



4) original connection means a wind turbine's first connection to the electricity grid in Denmark or abroad.



5) By the time of grid connection means the time when the turbine first time delivers electricity to the collective national grid.



6) By original production means production of electricity, measured or calculated for a wind turbine operation since the original connection.



7) By the production of a full load time means production equivalent to an hour of production with the wind turbine installed capacity.



8) By settlement meter is a meter that is used to record the wind turbine power generation or electricity consumption.



§ 2. A wind turbine can only be connected to the power grid, provided that it is established in accordance with the applicable provisions of the law on the promotion of renewable energy, law on energy, law on planning and ordnance as well as the rules adopted on the basis of the mentioned laws.



(2). If the conditions for grid connection have been met, the establishment of networks and transmission obligation to connect the turbine to the grid.



Chapter 2



Cost allocation in grid connection etc.



§ 3. Where the request is for grid connection of a wind turbine on land network company provides a connection point at the nearest place on the electricity grid where electricity from the new wind turbine can be removed, see. However, § 4. Network company establishes power level.



(2). Costs for upgrading and reinforcement of power grid by grid connection of a wind turbine on land is the responsibility of network company.



(3). By connection of a wind turbine installation is the responsibility of any expansion in private consumption and amplification of the connector cord wind turbine owner.



(4). Connect the wind turbine at transmission level, paragraphs 1 and 2 shall apply mutatis mutandis for the transmission company.



§ 4. By the establishment of one or more wind turbines on land in a designated wind area network company is required to keep the power grid to a mount point in the wind area, when there is adequate assurance that the construction of wind turbines with a total installed capacity of at least 1.5 MW. It can be a bank guarantee or comparable surety. Network company establishes power level.



(2). Connect the wind turbine at transmission level, paragraph 1 shall apply mutatis mutandis for the transmission company.



(3). Wind turbine owner is required to design the internal network of links between the mount point and the settlement point (meter) after UREnerginet.dk's guidelines. The guidelines are published on the energy networks DK's website www.energinet.dk.



§ 5. By grid connection of offshore wind turbines is the transmission company, which owns the power grid to which the wind turbines connected at sea or ashore, obliged to incur costs for establishment of wiring to a collection point by .. .that offshore internal network of links. This applies to offshore wind turbines, as



1) set out in the action plan for Danish offshore wind farm in the ' waters ' selected main areas for offshore wind development, or



2) authorization for deployment in an area covered by a climate-and Energy Minister announced tenders after the public call for applications, see. section 23 of the Act on the promotion of renewable energy.



(2). The transmission company concerned shall determine the level of tension.



§ 6. By grid connection of offshore wind turbines, which are not covered by the fields referred to in article 5 shall be the responsibility of the costs related to the establishment of wiring up to the nearest point on land wind turbine owner. From this mount point is the responsibility of the costs of upgrading and reinforcement of power grid the network or transmission company, which owns the power grid to which the wind turbines connected on land.



(2). The network or transmission company concerned shall determine the level of tension.



(3). By country means the island or the Mainland, where the submarine cable iland transferred.



(4). The DEA may under exceptional circumstances, decide on the allocation of expenditure, for example. Islands. Special circumstances may be, to the grid connection seems inappropriate or socio-economically unreasonable.



§ 7. If the grid connection of wind turbines after §§ 3-6 also requires costs for reinforcement of power grid with voltages up to 100 kV owned by other networks and transmission companies, costs are held as part of these companies ' costs of connection to the grid.



(2). If electricity from wind turbines within the scope of § § 3-6 delivered to a network or transmission business through a wire connection, which is not connected to consumers or other power generators than wind turbines, held the cost of network losses in this wire connection from the settlement meter as part of network or transmission of the establishment cost of that wind turbines are connected to the electricity grid.



§ 8. A wind turbine for grid connection costs forward to it in sections 3-6 mentioned the connection point shall be borne by the wind turbine owner, see. paragraphs 2 and 3.



(2). Nettilslutningsomkostninger by the erection of a wind turbine includes costs for wind turbine installation, low voltage and low voltage plug connection, purchase and the establishment of settlement gauges, measuring transformers and local transformer, plug cord into the mains and connection to the electricity grid, including phase compensation. Costs for phase compensation for reactive power is the responsibility of networks-not supplied or transmission operator. Costs to the collective enterprise of electricity grid connection request processing lies with the wind turbine owner.



(3). Settlement gauges and measuring transformers owned by networks or transmission operator.



(4). All wind turbine owners nettilslutningsomkostninger to cover expenses and be documented by invoice, which must be obtained for the wind turbine owner not later than 3 months after the wind turbine grid connection.



(5). Costs for maintenance or replacement of settlement gauges and measuring transformers, calibration and reading of meters as well as for the settlement of electricity, wind power is the responsibility of the owner. The cost must cover the actual documented expenses relating to the individual wind turbine. NET or transmission unit is to be the owner of the Windmill specify costs in composition, see. 1. paragraph, by sending the invoice. NET or transmission plant on the wind turbine owner's request document these costs.



(6). If the network or transmission operator has not submitted the invoice referred to in article 6. paragraph 4, or can provide evidence of the cost of the invoice referred to in article 6. (5), the wind turbine owner may refer the matter to the Danish energy regulatory authority that can impose network or transmission operator to submit invoice or proof of expenditure.



(7). Costs for the construction of the pipeline network, which is the responsibility of the transmission company pursuant to section 5, shall be charged as expenses through the individual business tariffs.
(8). Costs related to the management and administration of grid connection and by a wind turbine is connected to the grid, as networks or transmission operator shall be borne on the wind turbine, and which are not referred to in paragraphs 2, 3 and 5, will be charged as costs through the individual company rates, see. electricity supply Act § 8, paragraph 5.



§ 9. Wind turbines, as after the 20. May 2003 is connected to the power grid or to a consumption Setup, where electricity can be delivered to the electricity grid, must have own settlement meter that complies with the UREnerginet.dk's requirements for electricity metering. Regulations are published on the energy networks. DK's website www.energinet.dk.



(2). Wind turbines, which are connected to the grid by 20. May 2003 and are arranged in groups or parks, must have own settlement measures, as referred to in paragraph 1, provided that the electricity from the individual wind turbines be granted different charge.



(3). The production of wind turbines is not measured on an hourly basis, production is distributed on an hourly basis by the system operator in accordance with the requirements referred to in paragraph 1.



(4). Wind turbines of 25 kW or less connected to a consumer installation is exempted from the requirement of own settlement measures in accordance with paragraph 1.



(5). Offshore wind turbines, as after the announced tenders authorization for deployment in an area covered by the provision, is exempt from the requirement of own settlement measures in accordance with paragraph 1. This does not apply to experimental m.



§ 10. Network and transmission operator has a duty to provide a wind turbine owner, requesting the grid connection, all necessary information, in particular



1) a detailed estimate, which shall include all expenses, over what the connection will cost,



2) a reasonable and precise timetable for the reception and treatment of applications for grid connection and



3) a reasonable indicative timetable for connection to the grid.



Chapter 3



The definition of existing wind turbines



§ 11. Existing wind turbines on land and at sea are defined as wind turbines



1) no later than 31 December. December 1999 is bought by binding, unconditional contract, see. However, paragraph 3,



2) by 31 January. December 1999 notified pursuant to Executive Order No. 1518 of 14. December 2006 about noise from wind turbines, and



3) for which no later than 31 December. August 2000 request for connection to the electricity grid has been filed together with proof of fulfilment of the conditions of connection.



(2). Existing wind turbines on land shall, not later than 31 December 2006. December 1999, be notified to the municipality in accordance with building regulations and either



1) no later than 31 December. December 1999 be permitted drawn up in accordance with finally adopted local plan, where the erection of wind turbines is explicitly allowed, or



2) by 31 January. December 1999 be permitted drawn up in accordance with a licence, including the fact that have achieved possibly necessary derogations in accordance with building regulations.



(3). In paragraph 1, no. 1, said the contract can only be conditional on achieving the necessary regulatory permissions for erection of the turbine by 31 March 2007. December 1999, and that conditions for grid connection are met by 31 December 2006. August 2000.



(4). If a local plan is repealed by Nature complaints due to circumstances associated with the Municipal Board's treatment of the case will wind turbines subject of local plan come to be regarded as existing if the Municipal Board within 6 months from the Natural complaints Board's waiver of the local plan finally adopt a local plan in unchanged form after public disclosure and reconsideration in the Municipal Council.



(5). Establishes the turbine after the 1. April 2001, the installed capacity of the power, as evidenced by the binding contract, see. (1). 1.



Chapter 4



Scrappage schemes for wind turbines on land



Wind turbines taken down during the period from the 3. March 1999 to 31 December 2001. December 2003





§ 12. A wind turbine owner can obtain proof of destruction of a wind turbine at 150 kW or less that are torn down and in the period from the 3. March 1999 up to and including 31 December 2002. December 2003, under the mentioned in paragraphs 2 or 3 terms.



(2). Proof of destruction for wind turbines, which are dismantled in the period from the 1. April 2001 to 31 December 2001. December 2003, can be achieved, provided that it is clear from a wind turbine owner commissioned surveying declaration that the turbine is dismantled and removed. Furthermore, it should be apparent from a network company of the Declaration, that the turbine has been placed, been in operation and has had a capacity of less than 100 kW between 100 and 150 kW or (both effect values inclusive).



(3). For wind turbines, which are dismantled in the period from the 3. March 1999 up to and including 31 December 2002. March 2001, proof of destruction can be achieved, provided that there is a statement that is signed by the person concerned as well as by the owner of the network activities download windmill. The Declaration must state that the turbine has been placed, been in operation, have had a capacity of less than 100 kW between 100 and 150 kW or (both effect values inclusive) as well as the time for when the turbine is dismantled and removed.



(4). Proof of destruction gives the owner the right to receive price supplements pursuant to section 42, paragraph 2, of the law on the promotion of renewable energies for the threefold of the download wind turbine installed capacity, if the latter had an installed capacity of less than 100 kW.



(5). Proof of destruction gives the owner the right to receive price supplements pursuant to section 42, paragraph 2, of the law on the promotion of renewable energy for twice the download wind turbine installed capacity, if the latter had an installed capacity of between 100 kW and 150 kW (both effect values inclusive), and where it was located a maximum of 2.5 km from a wind turbine, which had an installed capacity of less than 100 kW , and who has obtained a certificate of destruction.



Wind turbines taken down during the period 15. December 2004 for the 15. December 2011





§ 13. A certificate of destruction as referred to in paragraph 2 gives the owner the right to receive price supplements pursuant to section 42, paragraph 5, of the law on the promotion of renewable energy for electricity produced on a brand new turbine system in the period from the 1. January 2005 up to and including 31 December 2002. December 2011.



(2). A wind turbine owner may, in paragraphs 3, 4 and 6 and, subject to the conditions referred to in paragraph 3, pool reach of destruction evidence of a wind turbine with a power of 450 kW or less, who dismantled during the period 15. december2004og, up to and including the last 15. December 2011. A certificate of destruction of evidence can be divided into up to 10 independent evidence of destruction.



(3). Proof of destruction can only be issued within a pool, which corresponds to a total power of 175 MW in download wind turbines with a power of 450 kW and below, which is taken down from the 15. December 2004 up to and including the 15. December 2011.



(4). Proof of destruction is also conditional on the existence of



1) a statement signed by the concerned network activities with information that the wind turbine has been placed, has been in operation and has had a power of 450 kW or less and the time when the turbine is disconnected from the collective power grids, and



2) a declaration signed by the owner of the wind turbine, the turbine is dismantled.



(5). Network company shall deliver the information referred to in paragraph 4, no. 1 declaration referred to the wind turbine owner no later than 8 days after receipt of the request.



(6). Request for certificate of proof be submitted to Energinet.dk by 15. December 2011.



§ 14. A wind turbine owner may ask Energinet.dk to give a written undertaking that advance can be issued certificate of proof of the dismantling of a wind turbine after section 13. Advance undertaking can not be translated. Energinet.dk provides prior undertaking, provided that the undertaking considers that section 13 (3) maximum of 175 MW of power is not exceeded.



(2). An advance approval allows the wind turbine owner the right to receive a certificate of destruction of evidence, provided that the conditions laid down in order to receive a certificate of destruction proof are fulfilled, and the wind turbine owner



1) within 8 days from receipt of advance commitment calls network company as soon as possible to disconnect the turbine from the collective power grids, and



2) within 40 days of receipt of advance the undertaking referred to in article 6. However, in section 13, paragraph 6, that period, submits the request for proof of destruction to Energinet.dk with evidence of the relationship, as is mentioned in nr. 1 and in section 13, paragraph 4.



(3). Energinet.dk publishes regularly information on electronic media, on the size of the effect, for which there is evidence of destruction issued and advance approval.



(4). Energinet.dk compiles the application material to use for the issuing and processing of evidence of destruction and advance approval.



Provisions common to the two scrappage schemes





§ 15. In order to take advantage of a certificate of destruction issued in accordance with sections 12 or 13 to the proof submitted to and endorsed by the network company at the latest at the time of connection to the grid of the new wind turbine. Such endorsement shall comprise information on the new windmill certificate exploited in proof of destruction cannot be exploited. in other wind turbines.



(2). Can a certificate of destruction does not fully utilized in one new windmill, lapse the excess portion.
(3). The owner of a certificate of destruction of evidence, which has not been used for payment of the charge under section 42 (2) and 5, of the law on the promotion of renewable energy may delegate this to others.



(4). A wind turbine, which has been the source of destruction of evidence in accordance with sections 12 or 13, may not be connected to the grid or to a consumption Setup, where electricity can be delivered to the electricity grid.



Chapter 5



Opting out of charge



§ 16. A wind turbine owner may by notice to the Energinet.dk opt-out of receipt of price increases and other benefits in accordance with sections 36 to 42 of the Act on the promotion of renewable energy. Wind turbine owner may also by notice to Energinet.dk resume receipt of said price increases and other benefits. The right to resume does not include owners of offshore wind turbines established following a call for tenders.



(2). Opting out and resumption in accordance with paragraph 1 is done with effect from the first day of a month and with prior notice of at least a month, if granted VE-proof or price increases for electricity in accordance with the provisions of sections 36 to 42 of the Act on the promotion of renewable energy.



(3). By statement of original production for use in the calculation of the full load hours in accordance with this Ordinance and sections 36 to 42 of the Act on the promotion of renewable energy also included production under the opt-out as mentioned in paragraph 1.



(4). Necessary administrative costs of opt-outs and resumption, which shall be borne by the concerned networks or transmission company and the system administrator company paid afvindmølleejeren on the basis of statement of these costs.



(5). Energinet.dk compiles the application material to use for opting out of charge.



Chapter 6



The movement of wind turbines



§ 17. By moving and new grid connection of wind turbines follows the achieved price supplements the individual wind turbine, apart from price Appendix to an existing windmill, where price allowance under section 39, paragraph 3, of the law on the promotion of renewable energy, lapses, and that of electricity shall be granted a charge which, together with the established market price pursuant to section 51 of the promotion of renewable energy law represents 43 cents per kWh, see. § 39, paragraph 4, of the law on the promotion of renewable energy.



(2). By movement of wind turbines connected in own consumer installation which has an installed power of 25 kW or less, see. section 41 of the Act on the promotion of renewable energy, follows the price premium, which, together with the established market price represents 60 cents per kWh, the individual turbine, where the turbine again connected in the own consumption installation.



(3). By movement of the wind turbines, which have previously been directly connected to the grid, to a new connection in own consumption Setup, the turbines achieve price premium, which, together with the established market price represents 60 cents per kWh, see. section 41 of the Act on the promotion of renewable energy, where the latter has an installed capacity of 25 kW or less.



Chapter 7



Accountability



§ 18. The at all times being the owner of a wind turbine is committed to Energinet.dk, transmission and network company or the DEA to provide such information, including financial statements and similar documents that are necessary for the implementation of the provisions of the Executive order on grid connection and charge.



(2). It is the responsibility of the at any time being owner of a wind turbine to inform network company, the transmission company and Energinet.dk company of any change in previous network connections and about changed circumstances, moreover, of importance to compliance with the conditions for grid connection and for receipt of price increases for the electricity supplied.



Chapter 8



Decisions



§ 19. The network activities which have or has applied for authorization to use the respective supply area, shall decide on the network, including whether whether the conditions for access are fulfilled. Furthermore, it shall take a decision on the distribution of network company costs, as referred to in section 8.



(2). Connect the wind turbines directly to a transmission network, transmission operator shall take decision on grid systems, including whether whether the conditions for access are fulfilled. Furthermore, it shall take a decision on the distribution of costs of the transmission undertaking, as referred to in section 8.



(3). Network company decides whether a wind turbine on the country fulfils the conditions laid down in the definition of existing wind turbines in accordance with § 11 of the basic regulation. However, paragraph 5.



(4). Energinet.dk shall decide whether an offshore turbine meets the conditions laid down in the definition of existing wind turbines in accordance with § 11 of the basic regulation. However, paragraph 5.



(5). The Danish Energy Authority shall decide whether a wind turbine meeting the conditions laid down in the definition under section 11 of the existing wind turbines in all cases where a new windmill was purchased during the period from the 3. March 1999 up to and including 31 December 2002. December 1999.



(6). Decision on the establishment of full load hours for wind turbines after §§ 36-42 of the Act on the promotion of renewable energy is taken by the network company. Connect the turbine directly to a transmission network, transmission operator shall take a decision thereon.



§ 20. Energinet.dk shall decide on the following:



1) Price increases and other benefits for electricity from wind turbines after §§ 36-42 of the Act on the promotion of renewable energy.



2) issuance of certificate of proof as stated in Chapter 4 of this order, including whether the conditions for obtaining the certificate have been met.



3) opt-outs and resumption of payment of the price increases and other benefits in accordance with section 16 of this Ordinance.



4) Inventory of full load hours of wind turbines under section 39 of the law on the promotion of renewable energy.



§ 21. Notwithstanding the provisions of section 19(1), 1-3 and 6, can a network or transmission company ask the Energinet.dk to take a decision in accordance with the provisions referred to on networks or transmission operator's behalf. Energinet.dk may in such case demand that network or transmission operator shall reimburse the expenditure incurred by such a request cause Energinet.dk.



Chapter 9



Statement of full load hours for existing wind turbines per 1. April 2001



§ 22. Network company shall prepare a statement of the number of full-load hours consumed per 1. April 2001. The inventory is updated by each payment of the surcharge.



(2). The statement is based on the settled power generation. If there is no settlement data back from the wind turbine original connection, calculates the missing production data. Back calculation is done using a wind corrected average calculation on the available settlement data. There the wind corrected only for the whole year. Production for the year, a wind turbine nettilsluttes first time, calculated proportionately, whereby one month's production is regarded as 1/12 of a year's production.



(3). By average calculation to use for back calculation of production data will not be included this year, where the wind corrected production differs by 25 percent or more of annual mean. To the extent the settlement data back further than five years at the network company or your system administrator activities, these must be included in the calculation. If the wind turbine owner can demonstrate elaf billing data back further than five years, used this instead of a calculated number.



(4). When several wind turbines are connected to the same gauge, distributed production from wind turbines from a wind corrected yearly production per kW.



(5). For wind turbines that are connected to their own consumption, and which has an installed power of more than 25 kW, calculates the inventory of production on the basis of an annual production of 2200 full load hours.



Chapter 10



Access to justice



§ 23. Decisions under section 19 (1), (2) and (6) and sections 20 and 21 are open to appeal to the Danish energy regulatory authority.



(2). The appeal must be lodged in writing within 4 weeks after the decisions referred to in paragraph 1 has been granted. Complaint shall be submitted to the network company, the transmission company or Energinet.dk, within 4 weeks after receipt, forwarding the complaint to the Danish energy regulatory authority with its opinion and the information which has formed the basis for the decision.



§ 24. Decisions under section 19 (3) and (4) an appeal may be lodged to the Danish Energy Agency.



(2). The Danish Energy Authority's decisions cannot be appealed to the climate and Energy Minister.



§ 25. Decisions taken pursuant to article 19, paragraph 5, sections 23 and 24 can be appealed to the Energy complaints.



section 26. Complaint in accordance with §§ 24 and 25 must be filed in writing within 4 weeks after the decisions are announced.



Chapter 11



Criminal provisions



§ 27. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, the



1) give off false information in connection with request for grid connection and reception of price increases and other services for electricity, or



2) fails to submit the notification of changes in assumptions relevant to grid connection and the price increases and other services for electricity, or providing false information in connection with such notification.



(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.



Chapter 12



Entry into force of the



section 28. The notice shall enter into force on the 15. September 2010. § 8, paragraph 6, however, shall enter into force on 1 January. January 2011.
(2). Executive Order No. 1365 by 15. December 2004 on the grid connection of wind turbines and wind turbine produced electricity price settling for, etc. shall be repealed.

The Danish Energy Authority, the 7. September 2010 Ib L/Hanne Windemuller Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council directive 2009/28/EC of 23. April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directive 2001/77/EC and 2003/30/EC (Official Journal of the European Union 2009 nr. L 140, page 16).