This offers a number of advantages:

• higher average grid utilisation: as generation plants rarely call upon their maximum output at the same time, there is unused potential that can now be exploited economically;
• better revenue opportunities: operators can generate higher revenues through optimised grid usage and more flexible marketing;
• cost efficiency: system operators save on grid expansion costs and avoid long waiting times for new grid connections; and
• acceleration: the grid connection of new plants is accelerated as there is no need to wait for a grid expansion at the planned locations.

FLEXIBLE GRID CONNECTION CONTRACTS: CONTRACTUAL SAFEGUARDING OF CAPACITY-EXCEEDING GRID CONNECTIONS

The possibility of capacity-exceeding grid connections is accompanied by the introduction of flexible grid connection contracts. These are contracts concluded between the grid operator and the plant operator. They must fulfil certain minimum legal requirements (see below) and primarily serve to ensure compliance with the maximum active power feed-in.

The new regulation on capacity-exceeding grid connections and flexible grid connection contracts can be found in the newly introduced sec. 8 para. 2 and sec. 8a of the Renewable-Energies-Act (EEG 2023).

a) Cable pooling

According to the basic rule of sec. 8 para. 2 EEG, the plant operators now also have the choice of a grid connection point that is already being used by an existing plant of another plant operator and/or another type of system, i.e. battery storage system. The permissibility of this so-called “cable pooling” is now set out in sec. 8 para. 2 sent. 2 EEG. It is intended to provide regulatory safeguards for what has already been implemented in practice in some cases.

The provision in the new sec. 8 para. 2 sent. 2 EEG extends the right of the plant operator under the previous sec. 8 para. 2 (now para. 2 sent. 1). The plant operator may also choose a grid connection point that is already used by an existing plant. The draft bill even speaks of a plant operator’s right to cable pooling. However, this wording should be treated with caution because the possibility of such cable pooling is limited, just as the plant operator’s right to another grid connection point is limited under sect. 8 para. 2 sent. 1: First, cable pooling is conditional on the grid operator not raising any grid operational objections to it, (see on this the explanatory memorandum to the draft bill, BT-Drs. 20/14235, page 71). In addition, the operator of the existing plant must agree to the shared use. It is not clear whether the consent requirement will in all cases also apply if the co-utilisation does not restrict the ownership and feed-in rights of the operator already connected. However, the wording of the legislative amendment does not further restrict the consent requirement of the operator of existing plants.

b) Flexible grid connection contract

If the grid connection capacity is exceeded through a cable pooling, a limitation of the maximum active power feed-in must be agreed between the plant operators and the grid operator.

The requirements for a so-called flexible grid connection contract are regulated in detail in the newly introduced sec. 8a EEG. The law specifies some (non-exhaustive) mandatory content for the contractual provisions of the flexible grid connection contracts:

• the obligation of the plant operators to comply with the active power limitation must be ensured at all times by suitable technical measures, which, sec. 8a para. 1 sent. 2, para. 2 no. 4 EEG;
• the liability of the plant operator if the maximum active power feed-in is exceeded; and
• the consent of other plant operators or operators of electricity storage systems, insofar as these are connected via the same grid connection point or are to be connected at the same time. In this case, the flexible grid connection contract must also include the following provisions:
  • the joint responsibility of the operators for compliance with the provisions of the flexible grid connection contract; and
  • the joint and several liability of all operators feeding into the grid together if the maximum active power feed-in is exceeded.

It cannot be ruled out that the Federal Network Agency will define more extensive regulations on flexible grid connection contracts in future. This is particularly true since Art. 6a of the Internal Electricity Market Directive, on which the new regulations in the EEG are based, expressly provides for a (regulatory) authority to develop a framework for flexible grid connection contracts. For the technical and economic conditions of a flexible grid connection contract this is explicitly provided for in the amended sec. 17 para. 4 EnWG.