Key Benefits:
Publics concerned: managers of public electricity distribution networks.
Purpose: fixing the amount of the allowances due in the event of overtaking of the time limits for the sending of the connecting documents or the realization of the connection of the electricity production facilities from renewable energy sources of a power of less than or equal to three kilovoltampers.
Entry into force: the text comes into force on the day after its publication.
Notice: the order sets out, pursuant to Article L. 342-3 of the Energy Code, the amount of compensation payable by the manager of the public distribution network in the event of overtaking:
– the one-month period for the production of the connection agreement (30 euros);
– the two-month period for the realization of the connection (50 euros, as well as 50 euros per additional month of overtaking),
for electricity production facilities from renewable energy sources with a power of less than or equal to three kilovoltampers.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr). It is taken for application of theArticle 88 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, whose provisions are deferred to Article L. 342-3 of the Energy Code.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Considering the energy code, including its article L. 342-3;
Considering the opinion of the Higher Energy Council of 8 July 2011;
Considering the opinion of the Energy Regulatory Commission of 26 July 2011;
The State Council (section of public works) heard,
Decrete:
Under the conditions set out in the first paragraph of Article L. 342-3 of the Energy Code, the allowances due to the applicant for connection by the manager of the public distribution network, in the event that the time limit for sending the connection agreement or the time limit for connection to the public electricity distribution network of a power generation facility from renewable energy sources of an installed power is less than or equal to 3 kilovolt:
1° A 30 euros in case of overtaking of the period fixed to one month for the sending of the connection agreement, starting from the receipt of the full connection request;
2° A 50 euros in the event of a two-month extension to complete the connection to the public distribution network, starting with the receipt by the manager of the public distribution network of the acceptance of the connection agreement by the applicant and, if applicable, 50 euros per additional full month of overtaking of the aforementioned period.
The allowances referred to in section 1 are payable only when the cause of the delay is solely attributable to the manager of the public distribution network concerned. They are exclusive of any other allowance that would be provided for the same reason in connection with the setting of the tariffs for the use of public electricity transmission and distribution networks referred to in Article L. 341-3 of the Energy Code.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 10 January 2012.
François Fillon
By the Prime Minister:
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
François Baroin