Wind energy
Wind energy
top (1) Renewable Energy Sources Act (Gesetz über Erneuerbare Energien EEG)
When the long-expected and heavily disputed EEG amendment came into force on 1 August 2004 numerous – partly serious – alterations for wind energy took effect. That not only refers to the reduction of the rates of compensation paid for new plants which lie significantly below the ones of the previous law with an initial rate of 8.7 ct/kWh and a final rate of 5.5 ct/kWh as well as a yearly degressive reduction of 2%.
For areas where the grid is temporarily used to full capacity by renewable energies, the legislator has now stipulated by law the so-called generation management. There the grid operators can make the connection to the grid and the purchase of the generated energy dependent upon the condition that the wind energy plant is equipped with a "technical facility to reduce the power fed into the grid in case of grid overload". When the grid is used to full capacity, the grid operators may be authorized by the legislator under certain conditions to reduce the power fed as far as possible or even cut off the plant at all.
Note that from 1 August 2005 on massive restrictions are imposed on inland sites!
Here an expert opinion must prove before commissioning that the plants at this site produce at least 60% of the reference yield. Otherwise the right to claim compensation is completely lost! This factor should be taken into account when planning a new site just now.
And take care with the measurement as well: for plants with a capacity of 500 kW and more the payment of the statutory minimum compensation is made dependent on a registered power measurement every quarter of an hour. Contrary to the previous court rulings, the measurement by ordinary three-phase meters will not be sufficient in future! Therefore it is essential to make sure that the plants are equipped with the respective measuring devices in order not to forfeit the right to compensation.
Yet, the new law also brings facilities compared to the previous legal position. It is explicitly established that the obligations of the grid operator under EEG constitute a statutory obligation and that the grid operator is not entitled to claim the conclusion of a contract for that. This point had been disputed and not finally solved in the past. Besides, the controversies on who is taking over the costs of the connection to the grid and any expansions of the grid are supposed to be facilitated in future. Now the legislator establishes clear criteria of delimitation by declaring any action that serves the secure operation of the grid or that refer to any parts of the plant owned by the grid operator as grid expansion measures resulting in a cost absorption by the grid operator. This is also applicable to such new parts of the plant that pass into the ownership of the grid operator in the course of connection of the plant to the grid.
top (2) Imission protection
Note!
On 30 June 2004 the Federal Administrative Court (Bundesverwaltungsgericht) made a crucial decision on the term "wind farm". Accordingly the only criterion to judge the term "wind farm" is the spatial context. The person of the operator/operators is of no importance! Consequently, there will be hardly any building license procedures in future. The consequences for pending licensing procedures and already granted building permits are being heavily discussed. Further developments as to this matter should be observed carefully.