Ruling Chamber 9
Ruling Chamber 9 is responsible for regulating system charges (gas)
Ruling Chamber 9 is responsible for all gas industry decisions to be taken by the Bundesnetzagentur under the Energy Industry Act (EnWG) (published in Federal Law Gazette Part I No 42 of 12 July 2005) and the ordinances enacted to refine the EnWG to the extent that they relate to the determination and review of the system charges. Some of the ruling chambers' proceedings need to adhere to a very tight schedule. The decisions are taken in a quasi-judicial process.
The main activities focus on the following areas:
- Approval of system access fees (section 23a EnWG)
To the extent cost-reflective tarification takes place, system access fees require approval. Approval must be applied for in writing at least six months prior to the point in time from which the fees are to be effective. To determine the system access fees, the network costs must be compiled.
- Incentive regulation
Incentive regulation is defined in the Ordinance on Incentive Regulation of Energy Supply Grids (ARegV). The ruling chamber is also responsible for determining a grid operator's permissible total revenues from system access fees.
The starting point is determined by means of a cost review.
- Decisions on anti-competitive practices under sections 30 and 31 EnWG
Operators of energy supply systems are forbidden from abusing their market position. For example, abuse exists when an operator directly or indirectly unjustly obstructs other undertakings or significantly impairs their competitive opportunities without an objectively justified basis.
Proceedings on anti-competitive practices may be initiated by the ruling chamber upon request or ex officio.
- Supervision under section 65 EnWG
The ruling chamber may place undertakings or associations of undertakings under a duty to cease a behaviour that is contrary to the provisions of the EnWG and ordinances enacted based on the EnWG.
The ruling chamber initiates proceedings upon request or ex officio.
- Determinations under section 29 EnWG and under GasNEV
In order to simplify the procedure, the ruling chamber may, by way of determination, make decisions on the extent, time and form of the information to be provided to it, in particular on the permitted data media and the transmission channels.
- Participation in the Bundesnetzagentur's various reporting requirements (eg section 35 EnWG)
Contributions, eg to the Bundesnetzagentur's Monitoring Report.
Ruling Chamber 9
Telefon: + 49 228 – 14 5690
Fax: +49 228 – 14 5961