Source: BUS Sachsen-Anhalt (Linie6PLus)

Power supply: Check abusive behavior

Description

Pursuant to Section 31 of the Electricity and Gas Supply Act (Energiewirtschaftsgesetz – EnWG), persons or associations of persons whose interests are significantly affected by the conduct of a supply system operator may submit an application to the regulatory authority for review of such conduct. This request sets in motion the special abuse procedure.

Which documents are required?

The documentation shall contain the following information:

Name, address and signature of the applicant
Company name and registered office of the network operator to be checked
Information about the behavior to be checked
Reasons why there are serious doubts as to the legality of the conduct under review
Reasons why the applicant is affected by this behaviour

What are the fees?

The proceedings are generally subject to a fee (§ 91 para. 1 sentence 1 no. 5 EnWG). If the Land regulatory authority is responsible, the fee framework for rejections of an application pursuant to § 31 para. 2 EnWG is between 50 euros and 5,000 euros, for decisions of the regulatory authority according to § 31 para. 3 EnWG between 500 euros and 180,000 euros. The basis is the annex, lfd. No. 45 of the General Schedule of Fees of the State of Saxony-Anhalt in its current version. When concluding proceedings pursuant to Section 31(4) EnWG, the regulatory authority may impose the costs of taking evidence on the parties involved at its reasonable discretion.

What deadlines do I have to pay attention to?

The application according to § 31 Energiewirtschaftsgesetz (EnWG) can be submitted at any time.

Applications / forms

Appeal to the Higher Regional Court - According to § 75 EnWG, an appeal against decisions of the state regulatory authority of the state of Saxony-Anhalt is admissible to the Naumburg Higher Regional Court, Domplatz 10, 06618 Naumburg (Saale).

Who should I contact?

The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways is responsible for network operators with more than 100,000 connected network customers as well as for network operators whose grid area extends beyond the border of a federal state.

If a network operator has fewer than 100,000 customers and its grid area is limited to the federal state, the state regulatory authority of the state of Saxony-Anhalt is responsible.