Source: BUS Sachsen-Anhalt (Linie6PLus)

Energy supply: Checking abusive behavior

Description

In accordance with Section 31 of the German Electricity and Gas Supply Act (Energiewirtschaftsgesetz - EnWG), persons or associations of persons whose interests are significantly affected by the conduct of a supply network operator can submit an application to the regulatory authority to review this conduct. This application initiates the special abuse proceedings.

Required documents

The documents must contain the following information:

Name, address and signature of the applicant
Company name and registered office of the network operator to be inspected
Details of the conduct to be reviewed
Reasons why there are serious doubts about the legality of the conduct to be reviewed
Reasons why the applicant is affected by this conduct

Fees (costs)

The procedures are generally subject to a fee (Section 91 (1) sentence 1 no. 5 EnWG). If the state regulatory authority is responsible, the fee range for rejection of an application in accordance with Section 31 (2) EnWG is between EUR 50 and EUR 5,000, and between EUR 500 and EUR 180,000 for decisions by the regulatory authority in accordance with Section 31 (3) EnWG. This is based on the current version of Annex No. 45 of the General Fee Schedule of the State of Saxony-Anhalt. 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.

Deadlines

The application in accordance with Section 31 of the Energy Industry Act (EnWG) can be submitted at any time.

Legal remedy

Appeal to the Higher Regional Court - An appeal may be lodged with the Higher Regional Court of Naumburg, Domplatz 10, 06618 Naumburg (Saale), against decisions of the regulatory authority of the state of Saxony-Anhalt in accordance with Section 75 EnWG.

Responsible body

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

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