In the mid – to long-term, energy storage systems may be necessary to balance the stochastic electricity production of renewable energies such as wind and solar. Many different storage solutions are either already technologically mature or on the brink of market introduction. However, regulatory barriers may hinder investments in storage capacity. Energy law in European countries typically defines very specific roles for different market participants, such as producers, grid operators or final customers. Storage systems often do not fit into these categories, or may simultaneously fall under several different rule sets. This raises many legal questions which have yet to be addressed by the courts. Especially problematic is the question of whether storage systems have to pay grid usage fees, which is closely related to their possible classification as final customers and may restrict many potential business models. This article compares the corresponding regulation in the main German-speaking (DACH) countries; Germany, Austria and Switzerland while also taking into account relevant EU legislation. Energy Storage, Renewable Energy, Grid Tariffs, Final Customer, Electricity Internal Market Directive, Unbundling
Innovation plays an important role in the transition towards a more sustainable energy system. The law is often thought of as an inhibiting factor for innovation. However, legal provisions may also serve to promote innovation. Laws which stipulate favourable conditions for renewable energy sources are an obvious example. Finally, existing laws will often not be suited to accommodate a new technology or business model, and the legislator may be slow in reacting to these new challenges. This increases the importance of government agencies as well as non-state governance.Therefore, a closer look at the governance of innovations in the energy sector seems warranted. This chapter will investigate how the legislator, regulatory agencies and private standard-setting bodies are responding to three different energy innovations: new renewable energy sources, new storage systems and smart grids. This chapter will serve not only to analyse commonalities and differences in the approach, but also to identify best practices.
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