Jochen Schwill: The operators of these 20-year facility have three options: they can demolish the facility, build a new facility as part of a repowering facility, or continue to operate the old facility on the open market. Whoever repowert then, as in the case of a new facility, has the opportunity to go into the direct marketing of the EEG and benefit from the market premium with the advantages mentioned. On the other hand, if the operator wishes to continue operating the facility after 20 years, he can enter into an AEA. When choosing an appropriate variant, the maintenance concept should be taken into account in the reflection. Anyone wishing to enter into a long-term AAE should opt for a full maintenance contract. Because the distributor is given a promise of delivery and must therefore guarantee that the installation feeds reliably. Those who do not want to invest so much money in a full maintenance contract are doing well with a shorter-term marketing method. In short, the socket AAE is a kind of external PPP in which the energy service provider performs a number of processes and acts as an intermediary between the producer and the consumer. Corporate PPAs and PPAs could be even more important if this target were to be raised further in the European Commission`s 2023 review. Off-site AAEs are not a direct physical supply between the facility and nearby customers, but are only the purchase agreement for billing for the amount of physical electricity defined in the AAE. Compared to local AAEs, generators provide electricity to consumers via the electricity grid. In addition, further transformation is required by the compensation group of the power generation facility and by reduced consumers. The plant does not need to be installed near the pantograph.
This also offers flexibility, as the operator can now choose the location with the best conditions or the existing installation of the wind or solar installation. Price regimes depend on the choice of remuneration models (independent fixed price of consumption, classic model of labour and performance prices or complex and slippery models with compensation). Here, the market will certainly show a lot of commercial creativity. Article 315 of the BGB also applies to an AEA that, in the case of unilateral contractual benefit rights, the benefit must be determined appropriately in case of doubt and, in the event of a dispute, that decision of assessment may be judged by a civil court and even, in cases of manifest indecency, may be considered disrespectful (Article 319, paragraph 1 BGB). Slippery clauses are subject to the Price Clauses Act (PKLG). Article 3, point 2 of EEG 2017 defines the operator as the operator who, regardless of ownership, uses the facility for the production of electricity from renewable or grey energy sources.