Bioenergy as one of the essential cornerstones of the energy transition reduces CO2 emissions in both the heating and electricity sectors. In addition, many bioenergy plants (biogas, biomethane, solid or liquid biomass) offer considerable potential to ensure the necessary flexibility in the electricity market. However, the restrictions imposed by the legislator within the framework of the EEG, starting with the EEG 2014, led to a considerable decline in the construction of new bioenergy plants.
Nevertheless, there is still a great need for advice in the field of bioenergy. The background is that the legislator has left many juridical terms to the legal interpretations and thereby contributed to a legal uncertainty with the investment in biogas plant. In this respect, grid connection issues, commissioning concept, plant concept as well as satellite CHP and questions of the conditions for claiming bonuses (e. g. flexibility premium, slurry bonus, NawaRo bonus and KWKG bonus) and the requirements for environmental assessments are still partly unclear.
The relocation of individual CHP units that are purchased, for example, as a result of insolvency, must be checked with regard to the interpretation principles for the maximum rated output and for the plant concept, which have been tightened up by the EEG clearing house and the courts, and – as far as possible – agreed with the network operator. The invitation to tender for existing plants under the Renewable Energy Sources Act also draws on legal concepts, some of which have not been clarified, whereby the complexity of the support system already requires extensive examination. We are happy to represent the interests of operators in court, out of court or in proceedings in front of the EEG clearing house.
In contractual terms, our lawyers draw up a large number of contracts for biogas, biomethane and biomass plants in order to define the respective responsibilities and liabilities. In addition, the supply contracts with external farmers or heat supply contracts with end consumers are accompanied in an advisory capacity in order to be able to regulate any price adjustment clauses for both parties in an appropriate and practical manner. Technical and/or commercial management contracts as well as general contractor contracts for the construction of biogas plants are regularly part of our audit scope. In addition, we take over the judicial and extrajudicial enforcement of defects in biogas plants or CHP plants vis-à-vis suppliers, manufacturers or general contractors.
Please do not hesitate to contact us if you have any questions.
The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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At the "27th Wind Energy Day"; in Linstow on 6 November 2018, attorney Dr. Florian Brahms gave a lecture on the subject of "Summarising plants and negative electricity prices in the Renewable Energy Sources Act". Please find the presentation slides under the following link. If you have any questions, please do not hesitate to contact us.
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