The transparency of its actions is important to the Bundesnetzagentur. We operate under a public service mandate and in the public interest through regulation of the operators of energy supply networks. That is why we are providing extensive information on our website on the Bundesnetzagentur‘s foundations, procedures and decisions.
The result of Ruling Chamber 8 procedures regulating the costs of the electricity network operators is so-called revenue caps and efficiency levels. Revenue caps and efficiency levels are determined every five years, and can be viewed both in individual decisions in the Decisions database or on a central list for the undertakings under the responsibility of the Bundesnetzagentur, the regulatory authority being required under section 31 of the Incentive Regulation Ordinance (ARegV) to publish these revenue caps and efficiency levels.
Network operator data whose publication is required under section 31 ARegV can be found here.
A wide range of information on the energy sector – also on developments and retail prices – is published annually in the Monitoring Report drawn up jointly by the Bundesnetzagentur and the Bundeskartellamt (Federal Cartel Office).
The Monitoring Reports are available here: Monitoring Report 2021
Notes on the redaction of decisions for publication
The Bundesnetzagentur is bound by law, under section 74 of the Energy Industry Act (EnWG), to publish its decisions. Regularly published are the operative part and the explanatory statement for the decisions. These are stored in the Decisions database.
At the same time, the regulatory authority is obliged to preserve the legitimate interest of the regulated undertakings and those to whom the decisions are addressed in having their personal data and their trade and business secrets protected. The extensive information required from the regulated undertakings under, most notably, section 69 EnWG cannot be moulded into a one size fits all public information requirement. This follows from section 71 EnWG and section 30 of the Administrative Procedure Act (VwVfG).
To protect their company or operational secrets in accordance with section 71 EnWG and section 30 VwVfG those to whom the decisions are addressed have the possibility of redacting (blacking out) parts of the decisions. Doing so may, however, lead to a time lag between the time the decision is taken and the time it is published in the Decisions database.
Following the judgment of the Federal Court of Justice (BGH) of 11 December 2018 (EnVR 21/18) on section 31 ARegV the Chamber will, until further notice, proceed as follows in respect of decisions falling under its remit.
1. Determining the revenue caps for the third regulatory period
2. Expansion factor according to section 10 ARegV (until the end of the second regulatory period)
3. (Uncontested) network transfers according to section 26(2) ARegV
4. Approval of the capex mark-up according to section 10a ARegV for 2019
5. Quality element according to sections 18ff ARegV
6. Other decisions
7. General notes
Date of modification: 2022.08.12