Regulation on the comparison of costs and benefits of cogeneration and the recycling of industrial waste heat in the case of heating and cooling (CHP-cost-benefit-comparison-Regulation-KNV-V)

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KNV-V

Date of completion: 28.04.2015

Full quote:

" KWK-Cost-Use-Comparison-Regulation of 28 April 2015 (BGBl. I p. 670) "

Footnote

(+ + + Text evidence from: 1.5.2015 + + +) 

  

The V was decided as Article 1 of the V v. 28.4.2015 I 670 by the Federal Government and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety after consulting the parties concerned and with the approval of the Bundesrat. She's gem. Art. 12 of this V entered into force on 1 May 2015.

Section 1
General provisions

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§ 1 Scope

This Regulation shall apply to:

1.

approval of the establishment or substantial modernisation

a)

a combustion plant for the generation of electricity with a thermal output of more than 20 MW,

b)

other plant where waste heat is produced at a usable temperature level, with a thermal output of more than 20 MW,

c)

a combustion plant for the generation of heat with a thermal output of more than 20 MW in an existing district heating or district heating network,

2.

the plan setting for a new district heating or district heating network.

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§ 2 Definitions

For the purposes of this Regulation:

1.

"combined heat and power": combined heat and power in the sense of § 3 (1) of the combined heat and power plant;

2.

"economically justifiable need": demand which does not exceed the required heat or cooling capacity and which would otherwise be covered by other energy production processes as combined heat and power on market conditions;

3.

"High-efficiency cogeneration": combined heat and power, which is the one in Annex II to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC (OJ L 206, 22.7.2006, p. 1), is in line with the criteria laid down in Article 1 (1) of the European Parliament

4.

"Fernwärmenetz" :Heat network within the meaning of § 3 (13) of the combined heat and power supply legislation;

5.

"Fernkältenetz" :Kältenetz within the meaning of § 3 (14a) of the combined heat and power of the combined heat and power system;

6.

"Trasse" means a route within the meaning of Article 3 (15) of the combined heat and power laws;

7.

"substantial modernisation": substantial change, the cost of which is more than 50% of the investment cost of a new comparable plant; the installation of equipment for the separation of the equipment produced by an installation pursuant to Article 1 (1) of this Regulation Carbon dioxide with regard to its geological storage in accordance with the Carbon Dioxide Storage Act is not considered to be a major modernisation;

8.

"efficient district heating or remote refrigeration": supply of a district heating or cooling system with the use of at least

a)

50 percent renewable energy,

b)

50 percent waste heat,

c)

75 percent heat from combined heat and power, or

d)

50 percent of a combination of these energies and this heat.

Section 2
Cost-benefit comparison

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§ 3 The obligation to lay claim

(1) For the establishment or substantial modernisation of an installation in accordance with Section 1 (1) of the Regulation, an economic analysis including the approval procedure, including the To submit a cost-benefit comparison according to § 6 or a presentation in accordance with § 5 (4), unless the waste heat is to be used in the sense of the comparison object according to § 4 (1), (2) or (3). (2) For the construction of a district heating or district heating network in accordance with Article 1 (2), an economic analysis, including the To submit a cost-benefit comparison according to § 6 or a presentation pursuant to § 5 (4) with the plan in accordance with § 22 sentence 1 of the Environmental Impact Assessment Act in conjunction with Section 73 (1) sentence 1 of the Administrative Procedure Act, unless Waste heat shall be used in the sense of the object of comparison in accordance with Article 4 (3). (3) The documents to be submitted in accordance with paragraphs 1 and 2 shall comply with the requirements of § § 4 to 6. If the economic analysis, including the cost-benefit comparison, has been certified by a federal authority responsible for this purpose, the test case must also be submitted in the context of the application documents. (4) The submission of the Paragraphs 1 to 3 shall not apply to:

1.

Installations which must be located in the vicinity of a geological storage site approved in accordance with Article 11 of the Carbon Dioxide Storage Act; and

2.

Combustion plants for the production of electricity, which operate on the moving average over a period of five years less than 1 500 operating hours per year.

The competent authority shall, when approving the establishment or substantial modernisation of an installation as set out in the first sentence, examine whether the conditions set out in the first sentence are available. In the case of installations referred to in point 2 of the first sentence, the approval by the operator of the plant shall be subject to appropriate evidence, in particular in the form of an expert opinion or a test of a auditor, to ensure that the Operating-economic calculation of the plant with regard to operating hours is based on scenarios below the threshold. The operator must, at the request of the competent authority, submit to the competent authority that the limit of 1 500 operating hours per year shall be less than five years in the moving average. (5) The submission of the The documents referred to in paragraphs 1 to 3 shall not apply to installations in accordance with Article 1 (1) (b) and (c),

1.

the usable waste heat available is less than 10 MW or

2.

the heat demand is less than 10 MW.

(6) The submission of the documents referred to in paragraphs 1 to 3 shall not apply to district heating and cooling networks in accordance with Section 1 (2), if a trade-off between the nearest possible feed point of the district heating or district heating network and the installation is unreasonable. A trashing extension is unreasonable if the supply of the existing district heating or district heating network is already efficient within the meaning of § 2 number 8 or if the route required for the connection would be too long. In addition, the following criteria shall be taken into account when deciding on the reasonableness of the competent authority in accordance with the first sentence:

1.

the extent of the available heat supply to the installation and the extent of the network's existing heat demand;

2.

continuous or discontinuous availability of the heat supply, to be assessed on the basis of the annual route and

3.

Available full-load hours of heat transfer, to be assessed on the basis of the annual route.

(7) In order to establish a new district heating or district cooling network as defined in Section 1 (2), applicants must disclose the basis for calculation in accordance with Section 7 (3) of this Regulation and give reasons for the reasons for the planning of a new district heating or district cooling network. Unofficial table of contents

§ 4 Subject of cost-benefit comparison

(1) Prior to the establishment of an installation within the meaning of Section 1 (1) (a), the costs and benefits of arrangements for the operation of the plant shall be assessed as a highly efficient combined heat and power plant. In the event of a significant modernisation of an installation in accordance with the first sentence, the costs and benefits of the conversion to a highly efficient combined heat and power plant shall be assessed. (2) Before the establishment or the substantial modernization of an installation in the The purpose of section 1 (1) (b) is to assess the costs and benefits of using the waste heat to cover economically justifiable requirements, including combined heat and power, and the connection to a district heating or cooling network. (3) the establishment or substantial modernisation of an installation within the meaning of Article 1 (1) Point (c) and prior to the establishment of a new district heating or district heating network within the meaning of section 1 (2) shall be assessed the costs and benefits of the use of the waste heat from nearby installations within the meaning of Section 1 (1) (b). Unofficial table of contents

§ 5 Determination of heat or refrigeration requirements and installations to be taken into account

(1) For the cost-benefit comparison for projects referred to in Article 1 (1) (a) and (b), suitable existing or possible heating or cooling requirements which could be supplied via the installation must first be determined. Heat or refrigeration requirements are in particular:

1.

existing plants with heating or cooling requirements,

2.

existing district heating or cooling networks, or

3.

in urban areas, groups of buildings or parts of the city that could receive or be connected to a new district heating or district heating network.

(2) For the cost-benefit comparison for projects in accordance with § 1 (1) (c) and (2), the installations suitable for connection shall be determined first. (3) In particular, the appropriateness is not provided if:

1.

the readiness of a third party for the acceptance or delivery of heat or cold does not exist or there is a contractual obligation of third parties for the other use of the heat or cold,

2.

it is not technically or economically possible to match the heating or cooling supply of the plant and the demand of the district heating or district heating network,

3.

continuous coverage is not possible and compensation mechanisms are also not technically possible or economically unreasonable,

4.

a hydraulic connection of the system is not possible, or

5.

between the district heating or cooling network and the installation, no temperature level to be agreed with one another can be ensured.

(4) It is not necessary to identify suitable existing or possible heating or cooling requirements, or no installations suitable for the connection, an economic analysis according to § 6 is not required; the applicant shall have the competent authority of the competent authority. to present this circumstance. Unofficial table of contents

§ 6 Economic analysis

(1) Before the economic analysis, the following comprehensive descriptions shall be made:

1.

Projects in accordance with § 1 and

2.

comparable installation with the use of waste heat taking into account the installations to be included in accordance with § 5 and the existing and possible heat or cooling requirements.

(2) The comprehensive descriptions of the installations referred to in paragraph 1 shall include, in particular, electrical and thermal capacity, fuel type, planned use, planned number of operating hours per year, location, and the Electricity and heat energy requirements. In addition, information on the types of heat or cold supply used by the nearby heat or cold demand points is required. The comprehensive descriptions referred to in paragraph 1 shall include in particular the heat capacity and the level of efficiency already achieved with regard to the use of existing networks. (3) On the basis of the comprehensive descriptions referred to in paragraph 1, a Economic analysis to be carried out, taking into account in particular the following criteria:

1.

investment costs for the extraction, transport and feed-in of heat,

2.

Operating costs for the connection of plant and network,

3.

financial costs, taking into account an amortisation period of at least five years and a reasonable return,

4.

other costs, in particular for operational management and failover,

5.

determination of the benefits, in particular fuel savings, and

6.

Cost-benefit comparison.

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§ 7 Result of the cost-benefit comparison

The result of the cost-benefit comparison of the economic analysis in accordance with § 6 (3) point 6 is positive if:

1.

in the case of installations in accordance with Article 1 (1) (a), the total costs incurred in meeting the electricity and heat demand by means of a highly efficient combined heat and power generation are lower than the costs of covering the same demand without use a highly efficient combined heat and power system,

2.

in the case of installations in accordance with Article 1 (1) (b), the total costs determined to meet the heating and cooling requirements with the connection of the installation to a district heating or cooling network shall be lower than the cost of covering the same requirement without Connection of the installation to a district heating or district heating network,

3.

in the case of installations in accordance with Article 1 (1) (c) and in the case of district heating or district heating networks in accordance with Section 1 (2), the total costs determined to meet the heating and cooling requirements, using the waste heat from nearby installations, are lower than the cost of covering the same needs from its own facilities.

Section 3
Authorisation decision of the competent authority

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§ 8 Consideration of the cost-benefit comparison

(1) The competent authority shall take into account the outcome of the cost-benefit comparison when deciding on the admissibility of the project. In order to determine the result of the cost-benefit comparison, it shall take into account a testat in accordance with § 3 (3). (2) The competent authority may not refuse authorisation even if the positive result of the cost-benefit comparison is positive if measures are applied to: The reason for legislation, existing ownership or the financial situation is not possible. In such cases, the decision must be forwarded to the European Commission, together with a statement of reasons by the competent supreme state authority or the authority designated by it, through the Federal Government.

Section 4
Final provisions

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§ 9 Relationship with other provisions

§ 12 of the Ordinance on Large Fire, Gas Turbine and Combustion Engines of 2 May 2013 (BGBl. 1021, 1023, 3754) as well as § 13 of the Ordinance on the incineration and co-incineration of waste of 2 May 2013 (BGBl. I p. 1021, 1044, 3754) shall remain unaffected. Unofficial table of contents

§ 10 First-time application

The provisions of this Regulation shall not apply to projects in respect of which the completeness of the application documents has been established by the competent authority before 1 May 2015.