Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 115
Offshore Wind Worldwide 2023
generating facilities. For larger facilities
(more than 100kW installed capacity),
the FiT only serves as a backup/default
payment (Ausfallvergütung) for up to
three continuous months and up to six
calendar months per year in total; in case
operators claim this default payment
the FiT equals the AW value minus 20%.
In case the aforementioned time limits
are exceeded, the FiT equals the market
value.
MP and FiT are applicable for each
OWTG for a period of 20 years beginning
with the commissioning of the respective OWTG.
The 2021 and 2022 tenders were all
awarded to zero cent bids. In the April
2018 tender round, the average value
of successful bids was 4.66 ct/kWh, the
maximum value was 9.83 ct/kWh and
several successful bids offered 0 ct/kWh.
In the first tender round in 2017, the average value of successful bids was 0.44ct/
kWh (lowest successful value: zero cent,
highest successful value: 6ct/kWh).
(b) Guarantees of Origin
The operator of an OWTG is entitled
to receive guarantees of origin (GoO)
according to the Renewable Energies Act
(cf. sec. 79); however, this is only to the
extent the operator does not make use
of the MP or FiT support scheme.
(c) Balancing power
In general, multiple sales of the produced electrical power is prohibited.
However, an exception applies for balan-
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cing power. The operator of OWTG may
market the electricity as balancing power
without omitting the payments under
the MP support scheme.
2.4. Timeframe for the realisation
of the project
The successful bidder is subject to a project
realisation timeline (cf. sec. 81 of the Offshore Wind Energy Act) under which certain
milestones up to reaching the OWTG‘s
technical readiness for operation need to
be met. Such milestones are linked to and
calculated in relation to the date of the bid
award and the binding completion date for
the completion of the relevant grid connection system (as determined under sec.
17d para. 2 of the Energy Industry Act) as
follows:
(a) within twelve months (in case of pre-investigated sites) or within 24 months
(in case of non-pre-investigated sites)
after the bid award submittal of certain
necessary permitting documents to
the Federal Maritime and Hydrographic
Agency;
(b) at the latest 24 months after the completion date for the GCS has become legally
binding: submission of proof of financing
for the construction of the WTGs which
requires the submission of binding
contracts for the procurement of the
WTGs, the foundations, (if applicable)
the transformer station, and the inner
array cabling;
(c) at the latest six months prior to the binding completion date for the GCS: proof
