Monthly Archive for October, 2012

BNetzA Announces 2.5% Degression of Solar Feed-in Tariffs for November to January

The German Federal Network Agency (Bundesnetzagentur – BNetzA) announced that the feed-in tariffs for electricity generated by photovoltaic installations commencing operation between 1 November 2012 and 31 January 2013 will decrease by 2.5% per month.

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Bundeswehr Opposition against Wind Turbines in Mecklenburg Western-Pommerania for Safety Reasons

The Wehrbereichsverwaltung Nord of the German Armed Forces (Bundeswehr) filed an objection against the construction of 40 wind turbines in Mecklenburg Western-Pommerania, most of them over 100 metres high, for reasons of military air safety, the regional public radio and television station NDR reported.

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Windreich AG and Tennet TSO GmbH Agree on Interim Grid Connection of Offshore Wind Farm Deutsche Bucht

British Wind Energy GmbH, a subsidiary of the offshore developer Windreich AG, and the transmission operator TenneT TSO GmbH have agreed on a temporary grid connection of British Wind Energy GmbH’s offshore wind farm project Deutsche Bucht and an end to a lawsuit brought by Windreich/British Wind against Tennet.

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Parliament Adopts Amendment of Motor Vehicle Tax Act Extending Exemption for Electric Cars

The German Bundestag (Parliament) has adopted a bill modifying the Motor Vehicle Tax Act (KraftStG) so as to extend the exemption of electric cars (Section 3d KraftStG).

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German Rail CEO Warns of Cancellations If Datteln Power Plant Is Shut Down in December

In an interview with Westdeutsche Allgemeine Zeitung (WAZ) Deutsche Bahn CEO Rüdiger Grube called on the state of North Rhine Westphalia to decide quickly about postponing the shutdown of the Datteln power plant that provides 75% of the 16.7 Hz railway power. Up to 30% of the train services might have to be cancelled on cold days should Datteln go offline in December, he said.

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OLG: Doubts About Legal Basis for StromNEV Grid Fee Exemption

During hearings in two summary proceedings regarding grid fee exemptions for energy-intensive companies pursuant to Section 19 para. 2 sent. 2 Electricity Grid Charges Ordinance (StromNEV), the 3rd Cartel Senate of the Higher Regional Court of (OLG) expressed doubt with regard to a sufficient legal basis for the exemptions, the radio and television station WDR reported.

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Borkum Offshore Wind Farm: Trianel Takes Legal Action Against Tennet TSO

Trianel GmbH, a joint venture of municipal and regional utilitities, announced that it brought legal action against Tennet TSO GmbH, because of delays concerning the connection of the offshore wind park Borkum allegedly caused by Tennet. The company also called for amendments of a bill recently adopted by the German government that shall help to accelerate the construction and grid connection of offshore wind farms, but generally welcomed it.

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Parliament Hearing Regarding Amendment of Act on Legal Remedies in Environmental Matters (UmwRG)

In a hearing before the Environment Committee of the German Parliament (Bundestag) experts discussed a bill amending the Act on Legal Remedies in Environmental Matters (Umwelt-Rechtsbehelfegesetz – UmwRG; ref. no. 17/10957). The bill was triggered by a ruling of Court of Justice of the European Union (CJEU) of May 2011 in favour of the environmental organisation BUND (German section of Friends of the Earth) regarding their legal action against a coal-fired power plant project by Trianel GmbH.

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Bundestag Passes 8th Amendment of Act Against Restraint of Competition

On 18 October 2012 the German Parliament (Bundestag) adopted the 8th Amendment of the Act Against Restraints on Competition (GWB; ref. no. 17/9852) as amended by the Bundestag’s Economics and Technology Committee (ref. no. 17/11053. The bill contains provisions affecting the electricity and gas sector.

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EEG Clearing Agency Procedure on Replacement, Relocation and Addition of/to Renewable Power Plants

Clearingstelle EEG(EEG Clearing Agency) recently started an advice procedure (Hinweisverfahren) on the legal consequences of the replacement and relocation of renewable power plants and parts thereof as well as the addition of whole new power plants or parts under the Renewable Energy Sources Act (EEG) as in force from 2009 (EEG 2009) and the EEG as applicable as of 2012 (EEG 2012).

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