As one of the essential cornerstones of the energy revolution, bioenergy reduces CO2 emission 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 Renewable Energy Sources Act, starting with that from 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 because the legislator has left many juridical terms to legal interpretations and has thereby contributed to legal uncertainty regarding investment in biogas plants. In this respect, grid connection issues, commissioning concepts, plant concepts as well as satellite CHP and questions about the conditions for claiming bonuses (e.g. flexibility premium, slurry bonus, Renewable Raw Material bonus and Combined Heat and Power Act 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 Renewable Energy Sources Act 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 or out of court, or in proceedings before the Renewable Energy Sources Act 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 agriculturalists 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 scope of inspection. 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 Federal Network Agency (BNetzA) is reacting to the effects of the corona virus and is adapting the mechanism for the tendering of renewable energies and CHP plants. The dates of the call for tenders and the implementation of the call for tenders will not be adjusted in the process. However, the successful bidders will not already be awarded the contract, but will first receive an assurance, so that the deadlines associated with the award will not yet begin to run. In addition, the BNetzA announces that for bids for #Wind energy on land and biomass that have already been awarded the implementation deadlines would be granted unbureaucratically by informal application.
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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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