Julia Brand-Türkoğlu Rechtsfragen des Netzanschlusses von Biogaseinspeiseanlagen an das Erdgasversorgungsnetz nach § 33 GasNZV

About this book

Biogas has been used as an energy source for a long time, but mainly for on-site electricity generation. Biogas has further advantages compared with other energy sources, it can be transported due to the existing gas network, and can be used increasingly in combined heat and power generation and as a fuel.

In the context of CHP, for example, the thermal energy is optimally utilised in the sense of the sustainability strategy, because the use in a CHP plant with subsequent heat utilisation leads to a use of the thermal energy released during biogas combustion in comparison to pure electricity generation on-site. With recourse to a fundamentally existing infrastructure, which is available throughout Germany and is also part of a European supply infrastructure, the use of biogas can be detached from the production process.

Even years after the introduction of the special biogas regulations in the GasNZV, the number of biogas feed-in plants is far below the expectations at that time and today. Due to the political developments in Ukraine since February 2022 and the discussion about Germany's and Europe's dependence on Russian gas, biogas production has received special attention.

The subject of this study is the grid connection according to § 33 GasNZV, which is essential for a biogas feed-in project. Not only are there a multitude of technical and economic issues to be dealt with, but the legal framework must also be reviewed to ensure that it is consistent with itself and with energy industry law. In addition, there are decisions by the regulatory authorities, the Düsseldorf Higher Regional Court and the Federal Supreme Court. Even though the legislator has introduced a comprehensive provision on the priority grid connection of biogas feed-in plants with § 33 GasNZV, a large number of questions have arisen on the priority grid connection according to § 33 GasNZV.