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As part of the EnWG reform in November 2023, Section 13k of the EnWG introduced the ‘use rather than curtail’ scheme. This mechanism creates incentives to stimulate additional electricity consumption in order to counteract emerging grid bottlenecks. This measure helps to alleviate grid congestion, which in turn means that less electricity from renewable sources needs to be curtailed due to grid bottlenecks.Section 13k of the EnWG, introduced for this purpose, stipulates that transmission system operators (TSOs) must produce a forecast of hourly curtailed electricity volumes for relief regions by the morning of the previous day at the latest. Portions of this forecast are provided to eligible participants whose consumption facilities can help reduce the forecast grid congestion by increasing their load.
In accordance with Section 13k(6), second sentence, point 7 of the Energy Industry Act (EnWG), the TSOs have drawn up an implementation plan by 1 April 2024 and subsequently submitted it to the Federal Network Agency (BNetzA) for review within the specified deadline. The TSO implementation plan, as reviewed by the BNetzA, can be found at the following link: TSO Implementation Plan (in German).
On 1 October 2026, following the completion of the two-year trial phase, the target model for the ‘Benefit instead of curtailment’ mechanism will come into effect in accordance with Section 13k of the Energy Industry Act (EnWG). To this end, the transmission system operators are publishing the revised implementation plan (in German) on 1 April 2026, which will apply from 1 October 2026.
On 28/06/2024, the BNetzA published the definition of the additionality criteria pursuant to Section 13k (3) sentence 3 EnWG. For further information on this topic, we recommend the corresponding publication of the BNetzA.
The trial phase began on 1 October 2024.To assess the instrument’s potential impact, relevant stakeholders were involved at an early stage. In consultation with the Federal Network Agency (BNetzA) and the Federal Ministry for Economic Affairs and Energy (BMWK), the TSOs organised an industry dialogue and, through a series of information events starting in January 2024, provided potential interested parties/participants with non-discriminatory information about the planned framework and sought their requirements and views.In addition, the TSOs surveyed potential participants to identify possible pilot projects that could take part in the trial phase. Furthermore, bilateral meetings were organised with interested parties regarding potential participation.The provision of Section 13k of the Energy Industry Act (EnWG) came into force on 29 December 2023 and can be found at the following link: Federal Law Gazette 2023 I No. 405 of 28 December 2023 (from page 5). The associated draft resolution, including the explanatory memorandum, can be viewed via the following link: German Bundestag Printed Paper 20/9187 (from page 25).Interested parties and potential participants are still requested to contact the four TSOs. Please use the contact form for this purpose and select the topic ‘Usage instead of curtailment’. If possible, please state in your message the type of planned additional consumption and the planned location of the load-relief facilities.