Intelligent and sustainable energy concepts, which are also economical, are increasingly relying on a decentralized energy supply. Based on our experience in the field of decentralised energy supply, we can offer you a wide range of consulting services. We advise energy suppliers and contractors as well as customers in this area. We support industry, commerce, the housing industry and agriculture in the implementation of energy concepts, some of which consume energy themselves or supply it to third parties without making use of the general supply network, taking into account the constantly changing legal framework (so-called direct supply). Among other things, the entire energetic exploitation of comercial and industrial areas is advised from view of the municipality, the contractor and/or heat supplier as well as the supplied enterprise.

Consultation in the early project phase with regard to existing funding possibilities, e. g. under the Renewable Energy Sources Act (EEG) or the Combined Heat and Power Act (KWKG), as well as further energy industry restrictions, may make sense. Particularly in the construction and operation of combined heat and power plants (CHP), solar plants, electricity storage and other facilities for the generation of electricity or heat, the contractual design options should be sounded out in advance and the respective energy law obligations of the parties involved precisely assigned. Whether the construction and operation of an energy plant on its own, by a contractor or by hiving off and founding its own company is economically advisable can be assessed differently from case to case. An intelligent overall contractual concept is recommended for all constellations, which meets the concrete needs of the individual case.

In a first inventory analysis of the concrete supply object, e. g. a hospital complex xes, a contractual and factual inventory analysis is carried out. This involves checking heat and electricity supply contracts in particular for adjustment and termination options and identifying the various final consumers in the supply object as well as the ownership and operator structure. Once the possibilities for adaptation have been determined, the new contractual structure will be drawn up and, together with the client, the corresponding negotiations will be accompanied beyond the conclusion of the contract also within the framework of the implementation of the decentralised energy concept and the necessary communication with network operators, metering point operators, previous energy suppliers, owners, etc. will be accompanied. The implementation regularly leads to a reduction in the energy supply costs for the hospital operator, an ecologically more sustainable energy supply and a clean allocation of rights and obligations.

In the case of heat supply contracts, the Ordinance on General Conditions for the Supply of District Heating (AVBFernwärmeV for short) must be observed regularly. Particular attention must be paid to the regulations on contract duration and price adjustment in order to ensure security of supply for the benefit of the final consumer on the one hand and to enable the heat supplier to amortize its investment costs on the other. At the same time, these are the gates for a possible contract adjustment or termination. In the case of electricity supply contracts, commercial and technical operating management contracts or also leasing and operating management models, the energy industry obligations between the contracting parties must be depicted, including in particular the levying of the EEG levy under the EEG.

More recently, the requirements for the contractual agreements on the supply of heat and electricity have been concretized several times by court rulings. The error rate of existing contracts is comparatively high. In the event of overpayment due to ineffective price agreements, claims for repayment may become effective.

We are happy to support you in implementing your decentralised supply concept and will be happy to answer any queries you may have.

 

Your contact person

Matti Hauer
Phone +49 (0)30 20 188 328
Email hauer@brahms-kollegen.de

Matti Hauer

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