Regulations for distribution system operators

Under the StromPBG, distribution system operators (DSOs) are jointly responsible for the implementation of surplus revenue absorption. Details on the relevant requirements and processes can be found here.

Installations subject to levy (§ 13 StromPBG)

Any electricity generation plant with an installed capacity of more than 1 MW is deemed to be relevant for the levy. This does not apply to plants that generate electricity in a calendar month exclusively or predominantly on the basis of light heating oil, liquid gas, natural gas, biomethane, hard coal, blast furnace gas, coke oven gas or special gases from production processes in the chemical industry and the carbon black industry. Storage facilities with a capacity of more than 1 MW are also subject to the surplus revenue levy, provided they do not exclusively consume electricity from the general supply grid. To determine the relevant plant capacity, the plant aggregation pursuant to § 13 Para. 3 No. 2 StromPBG must be observed. If a system aggregation results for systems in the process of EEG support, this is to be applied analogously in the process of surplus revenue absorption by the StromPBG.

Levy periods (Section 14 (1) StromPBG)

Period 1: 01.12.2022 - 31.03.2023

Period 2: 01.04.2023 - 30.06.2023

Until May 31, 2023, the legislator had the option of extending the period of application of the StromPBG by ordinance until April 30, 2024 at the latest (Section 13 (2) StromPBG). According to a press release from the Federal Ministry for Economic Affairs and Climate Action, the German government will not extend the period of application of the relevant provision of the StromPBG.

Determination of installations relevant to levy (Section 32 (3) StromPBG)

The distribution system operators (DSOs) must provide their upstream transmission system operators (TSOs) with the address data of the potentially levy-relevant installations and the corresponding installation operators (ABs). In order to simplify this data exchange process, the TSOs provide the DSOs with an overview of the potentially levy-relevant installations, which was created with the support of the Federal Network Agency and is based on the current status of the market master data register.

The legally defined deadline for notifying the TSO of the AB relevant for levy expired on 31.03.2023. By this deadline, the DSO had to provide the TSO with the correct address data and the number of the register of systems and AB relevant for levy. Electricity generation facilities that were commissioned after 31.03.2023 must be subsequently registered.

Self-assessment by system operators (Section 29 StromPBG)

In April 2023, the TSO requested operators of installations relevant to the levy to register in the corresponding data portal. Pursuant to Section 29 (1) nos. 3 and 4 StromPBG, the AB are obliged to report the surplus revenue generated and the levy amount in the respective levy period to the TSO and to provide corresponding evidence.

In order to support the AB in determining the surplus revenue, the TSOs map the calculation methodology in their portals. The absorption amounts are determined in the respective TSO portals on the basis of plant-specific input values. The data reporting (feed-in time series, redispatch time series and price information for plant-specific marketing) is carried out using a standardized Excel file.

After successful confirmation of the data report by the TSO, the DSOs receive a receipt file in PDF format for download for the levy period for each DSO. The receipt file contains, among other things, information on the aggregated levy amount per DSO and a unique transaction number.

The data reporting function is available in the portal of the respective TSO.

The following statutory deadlines for data reporting by the AB to the TSO are defined for the levy periods:

Levy period 1: 31.07.2023

Levy period 2: 31.10.2023

The receipt files created after complete data reporting can be used by DSOs to fulfill the reporting obligation to their DSO in accordance with Section 29 (2) StromPBG. To simplify this data exchange process, the TSOs also make the data from the receipt files available to the respective DSO via the portal.

Payment of the levy amounts to the distribution system operator (Section 14 (1) StromPBG)

The following statutory deadlines for payment of the levy amounts by the AB to the DSO are defined for the levy periods:

Levy period 1: 15.08.2023

Levy period 2: 15.11.2023

Details of the payment modalities must be clarified with the respective DSO.

Payment of the levy amounts to the transmission system operator (Section 22 (1) StromPBG)

The DSOs shall inform the TSO immediately of the levy amounts collected. For this purpose, the TSOs have established a suitable reporting channel in the respective TSO portal. Based on this, the TSOs submit corresponding invoices to the DSOs.

The funds collected by the TSOs are credited to an electricity price brake account managed separately from the TSO business account and are used to relieve the burden on end consumers.

Entitlement to reimbursement of additional costs incurred from the TSO (Section 22 (2) StromPBG)

DSOs can assert a financial claim against the TSO for additional costs incurred in the course of preparing and implementing the absorption of surplus revenues. In particular, personnel, IT service and capital costs can be recognized as additional costs. Separate accounting must be set up for these costs.

The option to record costs is available via the portal of the respective TSO. Once the complete data report has been received, the payment or invoicing of the discounts is made by the TSO to the DSO using the credit note procedure. Additional costs will not be offset against collected absorption amounts.

Summarized final statement of the distribution system operator pursuant to Section 32 para. 1 no. 2 lit. a and c StromPBG

Pursuant to Section 32(1)(2)(a) and (c), DSOs are obliged to submit a summarized final statement to the TSO by 31.05.2024. The sample agreed with the Institute of Public Auditors in Germany can be viewed at the following link:

Sample for summarized final statement of the distribution system operator according to § 32 para. 1 no. 2 lit. a and C StromPBG (in German)

 It should be noted that the submission in accordance with § 34 p. 1 StromPBG must be submitted in electronically signed form. For DSOs whose grid is exclusively connected to systems for which the levy amount calculated by the system operator is €0, it is not necessary to submit the summarized final invoice if the assertion of additional costs pursuant to Section 22 (2) StromPBG is waived.

The BMWK has published further information on the electricity price brake on its website.