Offshore Wind Worldwide 2022 edition - Flipbook - Page 98
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month prior to the published completion
date.
D.Responsibility for the cost
of the grid connection system
The TSOs, not the OWFs, are obliged to
finance and construct the GCS under the
Energy Industry Act. The TSOs are entitled
to reimbursement of these costs which are
ultimately included in an offshore grid
(liability) levy to be paid by the end
consumers. Since 2019, the allocation has
included not only the additional costs arising
from claims for damages in case of delayed
completion, scheduled and unscheduled
interruption caused by maintenance or
defect, but also the entire costs for the
construction of the GCS.
Hogan
Lovells
Germany
Interruptions (failures): In case the feed-in
from an operational OWTG is prevented
during more than 10 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 10 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.
E.Consequences of delays
and disruptions of the grid
connection system
Under the Energy Industry Act (sec. 17e), the
operator of an OWTG is protected (i) against
a delay in completion of the GCS, (ii) against
the unavailability of the GCS the due to
failures and (iii) against the unavailability of
the GCS due to maintenance works, further
specified as follows:
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 operator will receive 90% of
the monthly market value, unless the AW
value is higher.
Delay in completion: In case the
construction/completion of the GCS is
delayed, the operator of an OWTG is entitled
to receive a compensation in the amount of
90% of the lost feed-in income as from the
time when the OWTG has reached the status
of operational readiness, however at the
earliest as from the 91st day of delay against
the binding completion date.
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.
nshore grid congestions
F. O
prioritisation of renewable energy
resources and compensation
mechanisms