Topic

Infrastructure

The energy transition poses huge infrastructure challenges.

In the electricity sector is a need to establish a supply structure primarily characterised by decentralised generation plants and the integration of renewable energies. There will also be significant changes in the operation of gas supply networks, the long-term viability of which is already questionable in the light of climate protection targets and the necessary transition to a hydrogen-compatible supply structure.

The existing uncertainties are compounded by a highly complex regulatory system, which is at best only partially geared to current and future requirements, and which will also have to be fundamentally reorganised due to European legal requirements.

Owners and operators of electricity and gas networks are faced with issues that affect their operational management and strategic direction through long-term investment decisions.

Aecoute° advises clients on all legal requirements and examines their individual options for action. Our aim is to avoid legal risks, while keeping an eye on the economic impact on our clients' business.

Specifically, we provide consultation in the following focus areas:

Network tariff Regulation

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We advise operators and owners of gas and electricity supply networks on all operational and strategic issues relating to network tariff regulation. This applies in particular to decisions on the long-term orientation and profitability of network operation and to communication with the regulatory authorities in ongoing proceedings. Where necessary and economically viable, we conduct legal proceedings to review and correct the decisions of the regulatory authorities.

  • Operational and strategic focus
  • Economic efficiency of network operations
  • Communication with regulators
  • Legal proceedings

Unbundling

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We advise on the implementation of the legal requirements for the unbundling of network operations from competitive activities, including the resulting issues of structuring vertically integrated energy utilities.

  • Implementation of legal requirements
  • Unbundling of network operations
  • Structuring of vertically integrated utilities

Concession contract law

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We advise on the conclusion of concession agreements for electricity and gas supply networks. We also advise on legal issues relating to the rights and obligations arising from concession agreements, including the payment of concession fees. We also assist with concession award procedures in the water sector.

  • Conclusion of concession agreements
  • Rights and obligations, e.g. concession fees
  • Granting of concessions in the water sector

Metering / Digitisation

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Operators of energy supply networks are subject to far-reaching and detailed obligations to install modern metering equipment and intelligent metering systems in accordance with the Metering Act (introduction of smart meters). We support you in the related operational and strategic decisions as well as in other legal issues arising from the necessary digitisation of the energy industry.

  • Installation obligations
  • Smart Metering Systems
  • Smart Meter Rollout
  • Metering Point Operation Act

Closed distribution networks, customer installations

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Aecoute° advises on all legal issues related to the operation of closed distribution networks or customer facilities within the meaning of the Energy Industry Act. First and foremost is the legal and strategic decision on the categorisation of the infrastructure in question as a distribution network or customer facility. Aecoute's support also includes, in particular, assistance in proceedings before the competent regulatory authorities and in disputes with other market participants.

  • Classification as customer facility or distribution network
  • Operation of closed distribution networks

Electric mobility

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Greenhouse gas neutrality requires the transformation of all emitting sectors, including the transport sector. In addition to modal shift and traffic avoidance, the internal combustion engine will be replaced by electric motors in passenger cars, medium commercial vehicles and public transport. The infrastructure is currently being developed. 

We advise mobility service providers and operators of charging infrastructure as well as demand-side project and district companies, property managers and large customers on the procurement and development of charging infrastructure and on the use and marketing of GHG quotas.

  • Transforming the transport sector
  • Procurement Development of charging infrastructure
  • Use and marketing of GHG quotas
  • Mobility service providers
  • Charging infrastructure operators
  • Neighbourhood companies
  • Property managers
  • Large customers

Storage, Power to X, Hydrogen

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The necessary conversion of energy supply systems to a complete supply of renewable energies, which are largely fed in on a volatile basis, will also depend to a considerable extent on the integration of systems for the storage of electrical energy in a mechanical, chemical or battery-electric manner. The legal requirements provide a number of privileges for the grid connection and grid access of storage systems and electrolysers, as well as their economic operation. We can advise you on these issues.

  • Electrical energy storage systems
  • Privileges for grid connection and grid access for storage systems and electrolysers

Drafting contracts

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Although the contractual content of the civil-law agreements to be concluded in the regulated network area is largely determined by statutory or official regulations, there is a need in various areas to establish legally secure and economically appropriate solutions by means of contracts. This applies, among other things, to agreements on special charges as defined by Section 19 (2) and (3) StromNEV or Section 20 (2) GasNEV. We support market participants in negotiations for the conclusion of such agreements as well as in the conclusion of other civil law contracts in connection with the operation, takeover or transfer of infrastructure facilities

  • Preparation of legally compliant and economically reasonable solutions
  • Agreements on special charges (Section 19 (2) and (3) StromNEV or Section 20 (2) GasNEV) Civil law contracts in connection with the operation, takeover or transfer of infrastructure facilities

Subsidies

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We advise operators of the equipment required for the conversion of the energy supply system - e.g. operators of hydrogen production plants - on possible subsidies. We check whether the relevant requirements are met and assist with the application.

  • Requirements for applying for subsidies

State aid law

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The legal provisions governing the operation of electricity and gas supply networks affect the European legal requirements for the granting of state aid in various areas. We advise on the resulting legal issues.

  • European requirements for state aid

Levies and charges

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The levies, taxes and charges imposed by the government and levied on domestic and industrial end-users are closely related to the charges for the use of energy networks. We examine in which cases special rules apply that lead to a reduction in the economic burden of levies and charges.

  • Special rules for levies, taxes and charges imposed by the State
  • Reduction of economic burden

Neighbourhood development

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The development of urban areas into ecological and sustainable living spaces touches on a variety of energy law issues. We advise companies involved in this process on strategic planning and on specific issues, such as drafting the necessary contracts

  • Urban areas as ecological and sustainable living spaces
  • Strategic planning
  • Drafting of contracts

Heating networks and thermal storage

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We assist clients with all legal issues relating to the construction and expansion of heating and cooling networks and heat and cold storage facilities.

  • Heating and cooling networks
  • Heat and cold storage

Public procurement law for the energy sector

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Owners and operators of energy supply facilities are often public purchasers who have to comply with special rules when awarding contracts. We can assist you with the relevant procedures.

  • Procurement rules for public authorities

Contact persons

If you have any questions about Infrastructure , please contact:

Heidrun Schalle
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+49 30 991 91 21 12
Heiko Lange
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+49 30 991 91 21 15