Germany to restrict ‘controllable consumption’ during energy network shortages

To prevent power outages in the event of an imminent overload of the distribution networks, the BNetzA published a key elements paper at the beginning of the year and launched a consultation process on the restriction of controllable consumer devices. This process has now been concluded with a binding regulation based on Section 14a of the German Energy Industry Act (EnWG). The regulations will apply from 1 January 2024.

Under the new regulations, network operators will be allowed to reduce electricity consumption to up to 4.2 kilowatts for the duration of the overload. This is intended to ensure that heat pumps in particular can continue to operate, and electric cars can still be charged. The BNetzA assumes that electric cars will generally be able to charge with electricity for a range of 50 kilometres during a two-hour charging process.

"Compared to the key elements paper, the regulation has been toned down somewhat," said Dr. Benedikt Beierle, expert for digital infrastructures and digitalisation in energy networks at Pinsent Masons. "Originally, a reduction to 3.7 kilowatts was planned."

Special regulations apply to large consumer devices with a connected load of more than 11 kilowatts, such as large heat pumps. In the case of several consumer devices, it is also possible to coordinate electricity consumption using an energy management system. This should be particularly relevant for apartment blocks.

However, in exchange for the fact that users may be affected by control measures, the network charges are to be reduced. Furthermore, the network operator is still obliged to optimise, reinforce, and expand the network in line with demand. "However, this obligation emphasised by the BNetzA is subject to economic feasibility in the underlying Section 11(1) EnWG," said Dr. Marc Salevic, also an expert in digital infrastructures and digitalisation in energy networks at Pinsent Masons. "In contrast, the BNetzA expressly formulates the goal of avoiding regular network-oriented control measures."

The prerequisite for network-oriented control measures is that the network operator can determine the network status based on real-time measured values. A speedy rollout of special smart meters, so-called intelligent metering systems, is therefore necessary, which is to be accelerated by this year's reform of the Metering Point Operation Act.

"There are currently no technical guidelines for the certification of such smart meters, including the necessary control components, which are to be defined this year by the German Federal Office for Information Security," said Dr. Benedikt Beierle.

In addition to transitional regulations for existing systems, the new BNetzA stipulation allows network operators to carry out control measures for up to 24 months as a precautionary measure due to a predicted overload.