»Electricity price brake« in the German Bundestag, renewables sector announces legal action

The »law for the introduction of an electricity price brake and for the change of further energy-legal regulations« is treated in the German Bundestag in third, final reading. On Friday, the vote in the chamber of the federal states (Bundesrat) is on the agenda.
Concerning photovoltaics, the changes still being made in the consultation process include the regulations for tenders by the Federal Network Agency; here, the tender volume can be adjusted depending on the success of the previous round and, above all, the maximum permissible values for bids can be increased by up to 25 percent.
By contrast, there were no substantial changes to the skimming of so-called windfall profits, which according to the mechanism does not affect profits but revenue. The energy industry associations stand by their criticism, although there is no complete unanimity in the assessment of the effects.
The green energy provider Green Planet Energy (formerly Greenpeace Energy) announced that it would file a lawsuit if the electricity price brake »is passed in its current version.« Green Planet Energy is targeting in particular plants with power purchase agreements (PPAs) whose agreed electricity prices are in some cases significantly below the reference prices assumed for the revenue skimming. According to a press release, plants affected by this »run into liquidity problems, as the assumed surpluses are not earned in real terms, but are nevertheless skimmed off by the state.«
The Federal Association of New Energy Economy (Bundesverband Neue Energiewirtschaft, BNE) calls the procedure »bureaucratic and anti-competitive« as well as »unnecessarily expensive,« but welcomes the changes that were still made in the short term, with which »the reference values for renewables were raised and new plants can now be secured again - as is customary in the market - through PPA contracts in such a way that financing works.«

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