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Electricity and gas grids; application for approval of grid fees, classification as a closed distribution grid or the implementation of abuse proceedings

The Regulatory Chamber of the Free State of Bavaria, as the state regulatory authority, is responsible for regulating electricity and gas grid operators whose grid is connected to fewer than 100,000 customers and whose grid does not extend beyond the territory of Bavaria.

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Regulierungskammer des Freistaates Bayern
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Procedure details

Together with the Federal Network Agency in Bonn, the state regulatory authorities are responsible for regulating the electricity and gas supply networks in order to create the conditions for fair competition in the supply of electricity and gas.

In Bavaria, the tasks of the state regulatory authority have been carried out independently by the "Regulatory Chamber of the Free State of Bavaria" since 01.02.2013. As the electricity and gas supply grids constitute a so-called natural monopoly, the regulatory authorities have the task of providing all market participants with unhindered access to the grids and creating the conditions for safe, reliable and efficient grid operation.

The regulatory authorities are responsible for the following tasks in particular:

  • Setting revenue caps (electricity and gas)

    With the introduction of incentive regulation on January 1, 2009, the previous requirement to approve charges for the use of electricity and gas distribution grids on a cost basis no longer applies. The incentive regulation system is based on a nationwide efficiency comparison aimed at creating incentives for grid operators to provide their services more efficiently. To this end, from January 1, 2009, grid operators will be set annual caps on the total revenue permitted from grid fees (so-called revenue caps). The grid operators automatically convert the revenue caps into charges for access to the energy supply grids and publish these on their website.
    The procedures for determining revenue caps are initiated ex officio by the state regulatory authority. For grids for which there is not yet sufficient cost data for the nationwide efficiency comparison (e.g. newly established grids, former plant grids), grid fees are approved for a transitional period, which must be applied for.
  • Monitoring of unbundling regulations (unbundling)

    Unbundling means keeping grid operations separate from other energy industry activities (generation, sales).
  • Abuse proceedings, in particular if an operator of an energy supply grid does not comply with its legal obligations or otherwise abuses its market position
  • Classification of so-called closed distribution grids

    The existence of a closed distribution grid is subject to strict conditions.

  • for the approval of network charges: cost statements
  • for monitoring the provisions on unbundling: submission of an equal treatment programme and report pursuant to section 8(5) sentence 2 of the Energy Act
  • for classification as a closed distribution network: submission of data on the network structure and connected customers in accordance with section 110(3) of the EnWG

  • for the determination of revenue caps: no application required, procedure is initiated ex officio by the state regulatory authority
  • for the approval of grid fees: application in accordance with Section 23a of the Energy Industry Act
  • for classification as a closed distribution grid: informal application
  • for the implementation of an abuse procedure: informal application

Fees are charged for the determination of revenue caps, the approval of grid fees, the decision in abuse proceedings and for classification as a closed distribution grid, the amount of which depends on the administrative effort required and the economic significance of the matter. The minimum fee for abuse proceedings is EUR 5,000.

Approval of grid fees: Approval must be applied for in writing at least six months before the date on which the fees are to take effect (Section 23a (3) sentence 1 of the Energy Industry Act).

The Regulatory Chamber of the Free State of Bavaria, as the state regulatory authority, is responsible for regulating network operators whose network is directly or indirectly connected to fewer than 100,000 customers and whose network does not extend beyond the territory of Bavaria. The governments support the Regulatory Chamber of the Free State of Bavaria in this.

The Federal Network Agency is responsible for the operators of extra-high voltage and transmission grids as well as for distribution grids with 100,000 or more directly or indirectly connected customers and for cross-border distribution grids.

Status: 23.01.2026
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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