Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 120
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Interruptions (failures): In case the feed-in
from an operational OWTG is prevented
during more than ten consecutive days due
to a failure of the GCS, the operator of an
OWTG is entitled to a compensation of 90%
of the lost feed-in income as from the 11th
day of the failure and in case of interruptions
on more than 18 days per calendar year as
from the 19th day.
Interruptions (maintenance): In case the
feed-in from an operational OWTG is prevented on more than ten days in a calendar
year, the operator of an OWTG is entitled to
a compensation of 90% of the lost feed-in
income as from the 11th day on which the
GCS is unavailable due to the maintenance
works.
The compensation is calculated dependent
on the actual loss of feed-in income, which
is to be proven by the OWF owner on the
basis of comparable WTGs and wind data.
The applicable compensation rate per kWh
equals the applicable value AW, however, at
least the monthly market value. This means
that in practice the operator will receive 90%
of the monthly market value, unless the AW
value is higher.
One main requirement of all compensation
claims is that the interruption or delay of the
GCS is the (only) cause for the lack of feed-in.
Germany
5.3 Onshore grid congestions
prioritisation of renewable energy
resources and compensation
mechanisms
Grid operators are under a statutory obligation to improve their grids to comply
with the state of the art in order to ensure
the receipt, transmission and distribution
of power from renewable energies, unless
the required measures are commercially
unreasonable. However, the development
of the onshore grid lags behind the increase
of installed renewable energy capacities, in
particular in the north of Germany where
the expansion of renewables is faster than
in the south. In order to prevent critical grid
situations, the grid operators are entitled
to conduct feed-in management measures
and remote control OWTGs in exceptional
cases (cf. sec. 14 of the Renewable Energies
Act) if
(a) a capacity shortage in the relevant grid
area would be caused otherwise,
(b) the feed-in priority for renewables is
complied with (unless other power
sources need to be connected to the
grid in order to ensure the security and
reliability of the grid), and
(c) the available actual feed-in data for the
relevant grid area have been obtained.
In general, feed-in from renewable energies
is prioritised by law over feed-in from other
sources. This also applies in case of feed-in
management measures. In case the remote
control of the OWTG is foreseeable, the
grid operator informs the owner at least on
