- Controllable consumption devices, i.e. recharging points for electric vehicles, heat pumps, night storage heaters and electric energy storage systems with a rated power of more than 3.7 kilowatts, that are connected to an electrical power network which is part of a general power supply from which it can draw electricity (cf. draft of § 3(30a) of the Energy Industry Act [Energiewirtschaftsgesetz - EnWG]).
- Technical devices that grid operators can use to call up the actual consumption of controllable consumption devices via the smart measuring system and reduce the agreed connected load by remote control (hereinafter: control unit).
Draft Act on the rapid and safe integration of controllable consumption devices into the distribution networks and amending other energy regulations (hereinafter: SteuVerG)
The current Measuring Point Operation Act (MsbG), which was notified in 2013, regulates the obligation to equip measuring points with controllable consumption devices with smart measuring systems (cf. § 29(1)(1) of the MsbG). This draft Controllable Consumption Devices Act (SteuVerG-E) also regulates in this regard the equipping of connectees with technical devices for the control of controllable consumption devices by the grid operator. The draft provides for a phased approach according to the time of digitisation and the digitisation
§ 14a(6) of the EnWG regulates the obligation to provide technical equipment for controllable consumption devices that are to be connected after the Federal Office for Information Security has determined the technical feasibility of equipping controllable consumption devices with smart measuring systems (‘market declaration’), which is currently still pending. Grid operators must be able to call up the actual consumption of these consumption devices at any time via the smart measuring system and to limit consumption to the agreed unconditional connected load in phases, or continuously by remote control as soon as the technical feasibility for this exists.
§ 14a(7) of the EnWG regulates the corresponding technical equipment for controllable consumption devices that were connected after the Act entered into force but before the announcement of the market declaration in accordance with paragraph 6 for controllable consumption devices. In the case of these new devices prior to the market declaration, connectees will have up to five years after the announcement of the market declaration to equip their controllable consumption devices with a smart measuring system in accordance with the requirements set out in sentence 1. In order to nevertheless facilitate a control option during this transitional period, in accordance with sentence 2, the obligation to enable the retrieval of the actual consumption and the remote control of consumption can be fully implemented using control technology that corresponds to the current state-of-the-art. As not all of the technical requirements under sentence 1(2) can be met in some cases, sentence 3 allows for the remote control of consumption in accordance with sentence 1(2) to be reduced in
phases or merely reduced completely to the unconditional connected load. This makes it possible to continue using the existing control technology to the greatest degree possible, even after the installation of a smart measuring system, thereby also limiting the retrofitting costs for consumers.
§ 14a(8) of the EnWG clarifies that the obligations to provide controllable consumption devices and to connect to a smart measuring system as set out in paragraphs 6 and 7 apply to the entire withdrawal point if the end consumer opts for the ‘fully flexible connection’ option. In the case of fully flexible connections, the grid operator does not only specify a maximum withdrawal rate for the controllable consumption device (a ‘partially flexible connection’), but for the entire withdrawal point.
Controllable consumption devices commissioned before the Act entered into force (‘existing devices’) enjoy extensive grandfathering under § 118(18) of the EnWG. Sentence 1 completely exempts existing night storage heaters from peak shaving. Sentence 2 also exempts existing devices for which no agreement existed under the previous version of § 14a of the Energy Industry Act before the entry into force of this Act. Sentence 3 regulates existing controllable consumption devices, with the exception of night storage heaters, for which an agreement
exists under an old version of § 14a of the Energy Industry Act. Peak shaving will apply to these devices after a three-year transitional period. However, in order to avoid disproportionate retrofitting costs, the end consumer may continue to use existing control technology. The reduced requirements set out in § 14a(7)(3) of the EnWG (in particular the waiving of continuous controllability) are to apply accordingly. Under sentence 4, the connectees have, in the cases of sentences 2 and 3, the right to participate voluntarily in peak shaving, including the technical conditions. Night storage heaters are excluded from this option.
In the Measuring Point Operation Act there are necessary consequential changes to the implementation of peak shaving as well as amendments made in accordance with the EEG 2021
on the control of systems in accordance with the Renewable Energy Sources Act and the Combined Heat and Power Act [Kraft-Wärme-Kopplungsgesetz] via smart measuring systems.