Operation of a distribution system
Short description
General information
Anyone wishing to operate a distribution network requires a concession from the authority (electricity activity concession).
The right to exercise the electricity concession is a personal right.
The concession may be assigned to a lessee, who may exercise it in their own name and for their own account. Likewise, a managing director may be appointed for the exercise of the concession. These transfers will not become effective until approval by the authority. The concession granted may be withdrawn by the authority under certain conditions. It is also possible to prohibit the operation of the network.
The concession ends:
- on death;
- on demise of the legal person or the dissolution of the partnership exercising the concession;
- through relinquishment;
- through withdrawal or;
- with the prohibition of operation of the network.
Prerequisites
No concession may yet exist for the operation of a distribution network in the envisaged area. The concession applicant must be able to:
- ensure cost-effective, safe and sufficient distribution and;
- comply with the obligations associated with the operation of a network.
Note:
If the concession applicant is a natural person, they must:
- have full legal capacity and have reached the age of 24;
- have Austrian citizenship or be a citizen of another EU member state or EEA Contracting State;
- have their main place of residence in Austria or in another EU Member State or EEA Contracting State and;
- not be excluded from exercising the concession.
If the concession applicant is a legal person or registered partnership, the following will apply:
- they must have their main place of residence in Austria or in another EU Member State or EEA Contracting State and;
- a managing director or a lessee must be appointed for the exercise of the concession.
Competent authority
for the service Operation of a distribution system:
Abteilung 13 Umwelt und Raumordnung
Stempfergasse 7
8010 Graz,01.Bez.:Innere Stadt
Phone: +43 (316) 877-2491
Fax: +43 (316) 877-3490
Email: abteilung13@stmk.gv.at
Web address: http://verwaltung.steiermark.at
Public office hours
Montag bis Freitag von 8:00 bis 12:30 Uhr und nach Terminvereinbarung
Procedure
The request for an electricity concession must be made in writing. Prior to the decision, the Styrian Chamber of Commerce, the Styrian Chamber of Labour, the Styrian Chamber for Employees in Agriculture and Forestry and the municipalities over which the service area extends must be heard.
Required documents
The following documents must be attached to the application:
- for natural persons, documents proving name, age and nationality;
- for legal persons, documents proving their existence;
- in the case of partnerships under commercial law, an extract from the commercial register, which must be no older than 6 months;
- a plan (in duplicate) of the intended distribution area showing the area boundaries at a scale of 1:25 000;
- information:
- about the expected costs;
- on the distribution of electricity;
- on the expected demand for electricity;
- how and in what way these needs are to be met, and;
- whether the existing and planned distribution facilities can be expected to provide cost-effective, sufficient and safe distribution.
If more than 100 000 customers are connected to the distribution network, a ‘compliance programme’ must be submitted. This is to prevent discriminatory behaviour towards customers.
Costs
1. ENTRY FEE
A fee of EUR 14.30 must be paid for the submission of the application. A fee of EUR 47.30 shall be payable for applications for the grant of power or recognition of a qualification or any other legal requirement to pursue an activity.
2. BEILAGE FEATURES
A fee must be paid for each supplement to be attached to the application. It is EUR 3.90 per din A3 sheet*. If the supplement is larger than a DIN A3 sheet, the fee per sheet of paper is EUR 7.20. The maximum fee is EUR 21.80.
* The law uses the term “arch”, which is paper whose side size does not exceed the size of two by 210 mm x 297 mm in one or both directions.
3. COUNTRY COMMISSION SUPPORT
If official acts of the authorities outside the Office are required for the processing of the application, commission fees shall be paid for this. The amount of the Commission fee for each half hour commenced shall be per participating body.
- for administrative acts of the district administrative authorities: EUR 17.00
- for official acts of other authorities of the country: EUR 23.70
Time required for adjudication
The authorities are obliged to issue the decision whithin six months after the application has been received. If the authority fails to decide within the specified deadline, you have the option of a „Säumnisbeschwerde“ . This Säumnisbeschwerde“ must include the name of the authority whose decision is pending. Additionally, the letter must state the request and provide evidence that the decision deadline of the authority has expired.
Feedback
Feedback to the European Commission:
Feedback Information services survey
Feedback on Single Market Obstacles
Data protection
I have noted that the data provided by me, as well as any data received by the administration over the course of the preliminary investigation, will be automatically processed as per article 6, para. 1 lit. c and e of the General Data Protection Regulation in accordance with the underlying material laws of the legal process. Furthermore, I am aware that this is for the purpose of executing the legal procedure initiated by me, the granting of regulatory approval and also for the purpose of review. I have read the general information regarding:
- the right to access, rectification, erasure, restriction of processing, withdrawal and objection, as well as on data portability
- the right to lodge a complaint with the Austrian data protection authority
- the responsibilities of the process controller and the data protection officer as per https://datenschutz.stmk.gv.at.
Means of redress or appeal
An appeal is possible against rulings issued by an authority and shall be filed by the party within a 4 weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.
The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.
Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.
Assistance and problem-solving services
Point of Single Contact Styria
Offices of the Provincial government of Styria
Department 12 - economy and innovation
Nikolaiplatz 3
8020 Graz
Telefon: +43 316 877 5905
E-Mail: eap@stmk.gv.at
Homepage: https://eap.stmk.gv.at