Transformation of the Energy System of Lower Saxony (TEN.efzn)

Commissioned by: Lower Saxony Ministry of Science and Culture, funded by zukunft.Niedersachsen

In Lower Saxony's largest joint project to date, “Transformation of the Lower Saxony Energy System” (TEN.efzn), more than 180 researchers at 15 universities, universities of applied sciences and non-university research institutions in Lower Saxony as well as other partners from science and industry are working together to develop solutions for the energy system of the future. The TEN.efzn research program comprises six specialized research platforms as well as a transfer area to promote exchange between science, industry, politics and civil society. The activities are bundled via the Energy Research Center of Lower Saxony (EFZN), a joint scientific center of the universities of Braunschweig, Clausthal, Göttingen, Hannover and Oldenburg. A unique feature of the program is the interlinking of technical and scientific energy research with social science transformation research.

The Institute of German and International Mining and Energy Law is participating in the research platform “Trustworthy digitalization of safety-critical energy systems”. This research platform examines from a technical and sociological perspective how the trust of end consumers can be guaranteed in an increasingly decentralized, digital and automated energy system. Legal research questions deal, among other things, with the provision of flexibility in a decentralized energy system and the roles of stakeholders, in particular energy communities. Another focus is on data availability for the secure operation of the energy system and new business models as well as on the requirements for the operation of energy management systems and automated data processing. The legal framework will be compared with the technical and sociological research results and any need for adaptation identified.

To the EFZN press release

Expert Opinion on the Further Development of the Electricity Network Tariff System

Commissioned by: Federal Network Agency (BNetzA)

In collaboration with Consentec GmbH, the Department of German and International Mining and Energy Law at the Institute of Management, Economics and Law (IMEL) reviewed the redesign of the general electricity network tariff system, which is to be issued in the form of a determination by the BNetzA (“AgNes” determination). The study examined from both a technical and economic (Consentec GmbH) as well as a legal (IMEL) perspective, which grid users have to bear which portions of the costs of the electricity grid. The redesign is necessary due to a ruling by the European Court of Justice, which declared the previous German energy regulation – as set forth in laws and regulations – to be in violation of EU law. Instead, European law essentially assigns exclusive authority for the design of the network tariff system to the national regulatory authority.

From a legal perspective, the IMEL examined the extent to which European regulations restrict the BNetzA's scope of action in the redesign of the network fee system and the extent to which national laws and regulations can influence the design despite the exclusive competence of the BNetzA. For example, it was examined to what extent electricity network tariffs can be structured based on electric capacity and/or work, to what extent network fees in the future can also be levied on generators and storage facilities, to what extent network users should bear not only the costs of the grids they are conneted to, but also those of the upstream or downstream voltage levels, to what extent time- and location-dependent dynamic network tariffs can be levied, and to what extent a protection of legitimate expectations should be granted for existing facilities.

The Consentec/IMEL expert opinion, as well as further information on the BNetzA’s procedure, can be found here. (Link: www.bundesnetzagentur.de/DE/Beschlusskammern/GBK/Ebene1_Rahmen/AgNes/start.html)

System services for secure power grids in times of advancing energy transition and digital transformation (SiNED),

Commissioned by: Lower Saxony Ministry of Science and Culture

In this joint project of the Energy Research Center of Lower Saxony (efzn), possibilities for the further development of system services for electricity grid operation were investigated in order to adapt them to the changed requirements and possibilities that result from the digital transformation and the advanced energy transition. The aim is to ensure secure electricity grid operation under the conditions of a high proportion of decentralized generation plants and the participation of new loads.

In addition to the technical, IT and economic research questions, the project also examined which legal restrictions need to be observed and which adjustments to the regulatory framework will be necessary in the future. Important legal questions concerned the permissibility of accessing information both in the processing of grid status data and in the provision of system services and congestion management by electric vehicles. Also investigated were the increased integration of loads into the congestion management and the possibilities for the use of loads for other system services in addition to congestion management, such as the provision of control reserve. Finally, legal obstacles to the use of electricity storage systems for multiple purposes were examined.

Publications: Das neue Ausschließlichkeitsprinzip der Stromspeicherung (Teil 1), EnWZ 2024, S. 408-413; Das neue Ausschließlichkeitsprinzip der Stromspeicherung (Teil 2), EnWZ 2024, S. 447-450.

H2-Wegweiser Niedersachsen: Energy system analysis for technical, economic and societal integration, storage and conversion of hydrogen

Commissioned by: Lower Saxony Ministry of Science and Culture

The project investigated in a transdisciplinary approach how a hydrogen-based energy system of the future can be designed. In addition to the technical design, legal, ecological and economic aspects were considered. The project was carried out in cooperation with twelve industrial partners and five public partners and research institutions. Under the umbrella of the "Science Alliance Hydrogen Technology" of the Energy Research Center of Lower Saxony (efzn), it was in exchange with four other hydrogen innovation laboratories of the state of Lower Saxony and the public.

In the overall project, the IBER took over the investigation of the legal framework of the energy industry for a hydrogen-based economy. For this purpose, the ongoing legislative work was classified and examined to what extent, in which steps and with which content a regulation of pure hydrogen infrastructures (electrolysers, hydrogen networks, hydrogen storage) should take place. Particular emphasis was placed on unbundling hydrogen networks and storage from competitive activities as well as the requirements for renewable and low-carbon hydrogen.

Final report: Cuvillier Verlag, Göttingen 2024 (Band 83 der Schriftenreihe des Energie-Forschungszentrums Niedersachsen). The report is also available free of charge as an open access publication.

enera - The next big step in the energy transition; sub-project "Legal framework for the energy sector in the enera project", commissioned by: BMWi (Schaufenster Intelligente Energie - Digitale Agenda für die Energiewende (SINTEG)).

The development and demonstration project erena led to significant innovations in grid operation management by a smart grid operator, in the use of regionalized products and in the adaptation of the energy supply system to a large number of decentralized flexible generation-, consumption- and storage- facilities. The sub-project "Legal framework for the energy sector in the enera project" therefore accompanied the targeted innovations from a legal perspective during the demonstration phase and assisted in deriving the requirements for adaptation on the basis of the project results. The sub-project focused on the one hand on the legal framework for the relationship between electricity grid operation and energy markets. On the other hand, questions arose regarding the procurement of flexibility for the elimination of congestions in the power grid. The scope and limits of the enera flex market 1.0, as well as a hybrid market model for the combination of market-based and cost-based flexibility procurement were legally examined. Finally, the interaction of peak shaving as a grid planning tool with feed-in management was analyzed.

Link to the enera project: www.projekt-enera.de/ Link to the SINTEG program: www.sinteg.de/

Final report, Cuvillier Verlag, Göttingen 2021 (vol. 71 of the publication series of the Energy Research Center Lower Saxony). The volume is also available free of charge as an open access publication.