Regulation On Agreements To The Detriment Of Disconnectable

Original Language Title: Verordnung über Vereinbarungen zu abschaltbaren Lasten

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Read the untranslated law here: http://www.gesetze-im-internet.de/ablav/BJNR299800012.html

Regulation on arrangements for disconnectable loads (regulation to the detriment of disconnectable) AbLaV Ausfertigung date: 28.12.2012 full quotation: "regulation disconnectable payable by December 28, 2012 (BGBl. I S. 2998)" footnote (+++ text detection from: 1.1.2013 +++) input formula on the basis of § 13 paragraph 4a set 5-8 and paragraph 4 b of the energy law of July 7, 2005 (BGBl. I S. 1970, 3621), by article 1, point 9 letter f of the law of December 20, 2012 (BGBl. I S. 2730) has been modified , the Federal Government with the consent of the Bundestag enacted: article 1 scope this regulation obliges the operators of transmission networks to carry out tenders within the meaning of § 13 paragraph 4a set 1 of the energy industry Act and received to accept offers for the acquisition of breaking capacity of disconnectable loads up to a total shut-off capacity of 3 000 MW. There are the requirements of the contracts relating to the purchase of breaking capacity of disconnectable loads, the criteria for economic and technically reasonable offers within the meaning of § 13 paragraph 4 b sentence 3 and 4 of the energy law, the procedure of tender and the retrieval of the breaking capacity, remuneration for switched loads as well as the implementation of load balancing, the reporting requirements of the Federal Network Agency and special obligations of the contract parties closer designed.

§ 2 switched loads as switched loads within the meaning of this regulation one apply or multiple attachments to the consumption of electric power (appliances), where 1 is the power purchase from the General supply network or a closed distribution network with a voltage of at least 110 kilovolts, and 2 on establishing consumption the consumption power on request of the operators of transmission networks reliably to a certain power be reduced can (breaking capacity).

§ 3 criteria for economically and technically sensible agreements (1) contractual agreements between operators of transmission networks and cut-out providers of disconnectable loads apply to the overall performance in accordance with § 11 paragraph 1 sentence 1 as economically viable in the sense of § 13 para 4 sentence 3 of the energy industry Act, if they follow the principles of remuneration referred to in article 4.
(2) contractual agreements between operators of transmission networks and cut-out providers of disconnectable loads considered technically makes sense in the sense of § 13 para 4 sentence 4 of the energy industry Act, if the disconnectable loads, which are the subject of the respective agreements, meet the requirements of sections 5 to 7.

Compensation switchable loads get § 4 (1) provider of breaking capacity of disconnectable loads within the meaning of section 2 (provider) if they are in agreements with the operators of transmission networks to services committed, which meet the requirements of this regulation, the remuneration referred to in paragraphs 2 and 3 of the shut-down provision for the agreed period of (price) and for each retrieval of breaking capacity (energy charge).
(2) the monthly service price is 2 500 euro per megawatt breaking capacity for providing the breaking capacity within the meaning of paragraph 1.
(3) the price of the work within the meaning of paragraph 1 must be at least 100 and not exceeding 400 EUR per megawatt-hour.
(4) the claim of the Party on payment of a fee from paragraphs 1 and 2 is due at an agreement on breaking capacity of disconnectable loads regardless of to what extent the operator of the transmission network gets the breaking capacity.
(5) the breaking capacity is captured during the retrieval measurement or counter technically; the electric energy not consumed by the disconnectable loads through the retrieval of the breaking capacity, comes the operators of transmission networks per timetable.

§ 5 technical requirements for switched loads (1) Notwithstanding other requirements of this regulation can only be switched loads pre qualifications pursuant to § 9 go through and take part in tendering procedures in accordance with article 8, if 1 offered a total shut-off performance is detectable at least 50 megawatts (minimum power) and 2. the breaking capacity detectable a) within a second automatically controlled frequency falls below a predetermined frequency and instantaneous remote control by the operator of the transmission network (can be switched off immediately loads) or b) 15 minutes remote controlled by the operator of the transmission network () (fast switched loads) extent necessary in accordance with paragraph 3 brought about are can (technical availability) and 3rd which demand of the breaking capacity can be undetectable for the duration by a) at least 15 minutes at any one time several times on the day in any distance up to the period of one hour per day at least four times a week, which between the shutdowns on two following days, at least twelve hours must be at reaching the period of one hour per day , or b) at least four hours at a time at any time once every seven days and there must be at least 48 hours between the shutdowns, or c) at least eight hours at a time at any time once every 14 days, between the shutdowns must be at least seven days, and 4. the retrieval can be proven for at least 16 hours can be achieved during the performance period and 5. the breaking capacity according to the numbers 1 to 4 basically on all days up to maximum four Days per month can be made available (technical minimum availability) and 6 by the provider can ensure that the feed-in power generation facilities in the balance sheet of the disconnectable load as a result of the retrieval of the breaking capacity is not reduced.
(2) the minimum service pursuant to paragraph 1 No. 1 must be of one or sum of maximum of five appliances, which are, in the area of effect of a high-voltage node be achieved where multiple appliances are form a consortium and represented by a consortium to be designated in the agreement (Consolidation). The Consortium is treated in a tender as a single provider.

§ 6 rules for merging (1) when a merger must each consumption equipment that meet requirements according to § 5 paragraph 1 number 2 to 5 in the same way.
(2) the merger is only allowed to achieve the minimum performance from § 5 paragraph 1 No. 1. A merger of appliances with cut-out services by more than 50 megawatts is not allowed.
(3) a merger for appliances which are connected in different power groups of an operator of distribution networks or different operators of distribution networks is not allowed.

Article 7 participation in the control power market and trade for the following day (1) by way of derogation from article 5, paragraph 1 number 5 must be shut-off performance for switched loads number 3 letter a not provided according to § 5 para 1 a day available, for the marketing of this disconnectable loads on the trading wholesale market for electricity for the following day at a price of electricity, which is at least a quarter of an hour above the offer price of work according to § 4 paragraph 3 , or a marketing on the market for positive control power is done. Marketing pursuant to sentence 1 has a demand equal according to § 5 para 1 No. 3 letter a with a duration of one hour for the period this day; Entitlement to payment of the price of the work does not arises.
(2) by way of derogation from article 5, paragraph 1, point 5 must shutdown performance for switched loads according to § 5 paragraph 1 No. 3 letter b for the seven successive days not available provided with the day will start, for which a marketing of this disconnectable loads on the trading wholesale market for electricity for the following day at a price of electricity, which is at least in a quarter of an hour above the offered price of work according to § 4 paragraph 3 , or a marketing on the market for positive control power is done. Marketing pursuant to sentence 1 has a demand equal according to § 5 para 1 No. 3 letter b with a time of four hours for the period this seven days; Entitlement to payment of the price of the work does not arises.
(3) by way of derogation from article 5, paragraph 1, paragraph 5 must be the breaking capacity for switched loads according to § 5 para 1 No. 3 letter c for 14 consecutive days not available provided with the day will start, for which a marketing of this disconnectable loads on the trading wholesale market for electricity for the following day at a price of electricity, which is at least in a quarter of an hour above the offered price of work according to § 4 paragraph 3 , or a marketing on the market for positive control power is done. Marketing pursuant to sentence 1 is a retrieval according to § 5 para 1 No. 3 letter b with a time of eight hours for the period 14 days equal; Entitlement to payment of the price of the work does not arises.

§ 8 tenders
(1) the operators of transmission networks write together once per month nationwide for a delivery period from the first day of the month 00: 00 until the last day of the month 24:00 a breaking capacity of 1 500 megawatts of immediately disconnectable loads, as well as a breaking capacity of 1 500 megawatts of easily disconnectable loads off.
(2) tendering the disconnectable loads is every month according to one created by the operators of transmission networks and published tender calendar respectively no earlier than two weeks before, and for the next month.
(3) the operators of transmission networks set up to immediately comparable to an Internet-based electronic tendering platform for balancing energy.

§ May 9 prequalification (1) to participate in the tender procedure only the providers who have concluded a framework agreement in preliminary proceedings referred to in paragraph 2.
(2) the operators of transmission networks federal framework agreements referred to in paragraph 1 with those cut-out providers from disconnectable loads in their respective control area from which you have demonstrated that the appliances meet the requirements of this regulation 1. and 2. further requirements, which make operators of transmission networks pursuant to paragraph 3, are fulfilled.
(3) the operators of transmission networks also set other equally applicable for all provider requirements to the requirements referred to in this regulation which are necessary to integrate switchable loads in the power management under this regulation to ensure of the safety or reliability of the electricity supply system (special pre qualification criteria). As special pre qualification criteria shall be determined in particular: 1. mandatory technical requirements for switched loads and their communicative connections, their remote controllability and their availability;
2. specifications for data formats and delivery dates;
3. requirements to the proof to the availability of the technical minimum availability according to § 5 paragraph 1 No. 5;
4. requirements for the technical and organizational competence in the merger pursuant to article 5 paragraph 2;
5. requirements for the evidence to meet the requirements of sections 5 to 7;
6 requirements for switch - on and switch-off frequencies for immediately switched loads according to § 5 paragraph 1 paragraph 2 letter a;
7 requirements for the provision and verification to the cut-off provision pursuant to article 2 paragraph 2;
8. criteria for the provision of the underlying network;
9. criteria for the provision of balancing groups, where the provider not is any.

§ 10 quotations (1) provider can on a tender of the operators of transmission networks on the day of the tender until 11:00 offers for agreements on switched loads in terms of this regulation give.
(2) the offers of the supplier referred to in paragraph 1 shall contain in particular the following information: 1. the height of the breaking capacity in megawatts, 2. a constant for the tender period work price of at least 100 euros per megawatt hour to maximum of 400 euros per megawatt-hour, 3. a mapping to the detriment of disconnectable immediately or quickly after article 5 paragraph 1 number 2, 4. one retrieval option according to § 5 paragraph 1 number 3, indicating the maximum switch-off period per month after § 5 paragraph 1 number 4 , 5. technical availabilities offer month planned shutdown performance with reasons and evidence for periods in which the technical availability is not guaranteed.
(3) providers can submit several bids and divide their prequalified breaking capacity on offer sizes of at least 50 megawatts; the offer size must not exceed 200 megawatts. The offered breaking capacity must be an integral multiple of one megawatt.
(4) with an offer related to a tender, the providers explain that the offered disconnectable loads comply with the requirements of this regulation and the special pre qualification criteria of the operators of transmission networks. For an intentionally or grossly negligently created wahrheitswidriges offer the operators of transmission networks exclude the provider for the period of one year from the bidding process.
(5) with an offer related to a tender the provider agree to lead a rest call account, which provides information about the time volume for shutdown in the bidding period available.

§ 11 procurement procedures (1) operators of transmission networks must grant supplements for proper offers up to a total shut-off capacity of 1 500 megawatt immediately switched loads and 1 500 megawatts for quickly switched loads according to § 10. Additional surcharges are allowed only on each another offer, if the ceilings referred to in sentence 1 without this additional charge are not reached. Surcharges are each individually for immediately switched loads and quickly switched loads on the basis of the level of work prices contained in the offers, starting with the lowest. Equality of work price will decide the technical system effectiveness. In same system technical effectiveness, the date of receipt of the offer decides the contract.
(2) with the procurement procedures, the allocation of an identification number (ID) is done by the operators of transmission networks and the claim for payment of the service price according to § 4 paragraph 1 and 2 is created against the operator of the transmission network, in whose control area the switched load is.

§ 12 message availability (1) the provider of breaking capacity of disconnectable loads which have been awarded, report the operator of the transmission network, with the agreement of the breaking capacity is daily until 14:30 compulsory for the following day the technical availability of the breaking capacity and marketing within the meaning of § 7 changed the technical availability at a later date, it is immediately nachzumelden. The operators of transmission networks set the content of the message of the availability. The message must contain in particular the following information in addition to the in article 10, paragraph 2: 1 identification number according to § 11 paragraph 2, 2. information on the residual demand account according to § 10 paragraph 5, 3. reasons for non-registered technical availability within the meaning of article 5, paragraph 1 number 2.
In case of a consortium within the meaning of § 5 paragraph 2 by merging, the message for the entire breaking capacity according to the operators of transmission networks is carried out by the Manager or the designated person in charge.
(2) the rest call account is exhausted, should the party not more than available sign up and has also technically for the non-availability of the breaking capacity by causing the slower after consultation with the operators of transmission networks to ensure.

§ 13, demand of the breaking capacity (1) for the retrieval of the shut-off performance by the operators of transmission networks the requirements of article 5, paragraph 1 shall apply mutatis mutandis.
(2) according to § 5 paragraph 1 number 3 letters b and c each retrieval applies switched loads regardless of its actual duration as demand in the amount of the minimum.
(3) the entitlement to payment of the price of work is created with the retrieval of the breaking capacity; the maturity is aimed the increase of consumption power only in coordination according to § 15 paragraph 2 (4) according to the delivery schedule is with the operator of the transmission network allowed, with the agreement cut-out services.

§ 14 impact of availability on the compensation (1) the claim of the provider of the breaking capacity of disconnectable loads on a performance payment from article 4 paragraph 1 is based on the bidding period prorated for the days of full-time technical availability and for the periods according to § 7 (1) sentence 2, paragraph 2 sentence 2, paragraph 3 sentence 2 in marketing the disconnectable load on the Exchange wholesale market for electricity.
(2) consists in the delivery period more than five days a month no full-day technical availability or will refrain from the message according to section 12 paragraph 1, so the claims become void on payment of fee completely for the duration of the provision; Days where no technical availability due to a marketing have been reported pursuant to § 7, are not included.
(3) the claim of the provider of breaking capacity of disconnectable loads on a performance payment from article 4 paragraph 1 is eliminated retroactively to the beginning of the tender period for the duration of one year in the case of an intentional or grossly negligent breach of reporting requirements of section 13 and the obligation under article 15, paragraph 1.

Section 15 rights and obligations of the Contracting Parties (1) vendors have to provide full load records of the appliances with up-to-the-minute resolution available to the operators of transmission networks to check the available switch-off performance to the 20th of the month for the previous month.
(2) claims on payment of the fee and on payment of the price of the work are due 20 days after the end of the delivery period.
(3) exemptions from the network charges according to § 19 (2) sentence 2 of electricity fee regulation may be denied not because of shutdowns under this regulation; the use hours decisive for the network fee exemption and energy consumption be reduced by retrieving the breaking capacity.
(4) the provider bears the costs of communication connectivity necessary for accessing and frequency relays and other necessary technical equipment of the disconnectable loads to meet the pre qualification criteria.
(5) operators of transmission networks have the right, at any time during the technical availability reported pursuant to section 13, paragraph 1 also repeatedly test basis making the retrieval of the breaking capacity. The entitlement to payment of the price of labour in accordance with article 4, paragraph 1 also in this case.
(6) the operators of transmission networks immediately publish all data that are required to create market transparency, in particular number and scope of the framework agreements, the results of the auctions, as well as information about successful retrieval. The confidentiality of vulnerable data of each provider is to ensure type and aggregation of data. The Federal Network Agency can regulate by setting the type and aggregation of the data to be published.
(7) the operators of transmission networks is not liable for damages to the provider, which arise in connection with the proper application of this regulation.

§ 16 switched loads on downstream networks use a contractually agreed breaking capacity is allowed only in coordination with the operators of downstream electricity distribution network, the switched load is involved in that; § 14 paragraph 1c rate 1 of energy law remains unaffected.

Article 17 report by the Federal Network Agency (1) to the end of the 27 month after entry into force of this regulation the Federal Network Agency reported the Federal Ministry of Economics and technology about the application of this regulation. In its written report, the Federal Network Agency checks whether and to what extent voluntary agreements of disconnectable loads with the operators of transmission networks under this legal regulation were appropriate and necessary, to eliminate hazards or problems of safety and reliability of the electricity supply system. The operators of transmission networks have adequately to support the Federal Network Agency in fulfilling their reporting obligations.
(2) the Federal Ministry of Economics and technology leads to this report the Federal Government and the Bundestag within two months.

§ 18 charges (1) operators of transmission networks are obliged under this regulation over financial netting monthly with each other to settle their payments and expenses; a load balancing is carried out according to § 9 of the force heat coupling law with the proviso that the limits do not apply set 2 and 3 for certain categories of final consumers in its paragraph 7; Interest into account payments and expenses from the entry into force of this regulation. Sentence 1 does not apply to payments that are required for the retrieval of the breaking capacity to ensure the balance of power.
(2) to achieve an efficient handling of measures pursuant to article 13 the regulatory authority makes decisions paragraph 4a and 4B of the energy industry Act setting according to article 29, paragraph 1, of the energy industry Act about the discovery and settlement of payments arising from this regulation and expenditure. The levy may be imposed number 6 of the mains charging regulation together referred to in paragraph 1 with other components of the remuneration setting according to § 30 paragraph 2.

Article 19 entry into force, expiry this regulation enter into force on the day after the announcement. It occurs on the 1st January 2016 override.