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As part of the EnWG reform in November 2023, Section 13k of the EnWG introduced the ‘utilisation rather than curtailment’ 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 energy sources needs to be curtailed due to grid congestion.
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 so-called relief regions by the morning of the previous day at the latest. Parts of this forecast are allocated to eligible participants whose consumption facilities can help reduce the forecast grid congestion by increasing their load. The participant receives remuneration for the additional electricity consumption.
The provision in 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 accompanying draft resolution, including the explanatory memorandum, can be viewed via the following link: German Bundestag Printed Paper 20/9187 (from page 25).
On 28 June 2024, the Federal Network Agency (BNetzA) published the specification for the additionality criteria in accordance with Section 13k(3), third sentence, of the Energy Act (EnWG). The guidelines specify which technologies and installations are permitted to participate in the scheme and under what conditions. For further information on this topic, we recommend the relevant publication by the BNetzA
In accordance with Section 13k(6) of the Energy Act (EnWG) in conjunction with Section 13k(2), third sentence, of the Energy Act (EnWG), the TSOs have drawn up an implementation plan for the two-year trial phase (“Implementation Plan 1.0”), commencing on 1 October 2024. This was published on 1 April 2024, within the prescribed timeframe, following review and approval by the Federal Network Agency (BNetzA). Implementation Plan 1.0 will cease to be valid at the end of the trial phase on 30 September 2026.
Following the end of the two-year trial phase, the daily competitive tenders provided for in the Act will commence on 1 October 2026. The TSOs have set out the adjustments to the framework conditions required for this, compared with the trial phase, in a revised implementation plan (“Implementation Plan 2.0”). This was published on 1 April 2026 following review and approval by the BNetzA. The Implementation Concept 2.0 comes into force on 1 October 2026.
The implementation plans reviewed by the BNetzA can be found at the following link: Implementation Concept. The terms and conditions of participation and contract documents can be found at the following link: Terms and conditions of participation and contract documents.
In order 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 (BMWE), the transmission system operators (TSOs) organised a comprehensive industry dialogue and, through a series of information events starting in January 2024, provided interested parties and potential participants with advance information on the planned framework for both the trial phase and the competitive tenders, whilst also seeking their views and feedback on the requirements: Information events. Furthermore, bilateral meetings were organised with interested parties regarding possible participation.
Interested parties and potential participants are still asked to contact the TSOs. To do so, please use the contact form 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-shedding facilities.