Development and Legal Framework of Wind Energy Projects in Germany. Stefan Leclaire, Trianel GmbH Tunis, 24 June 2014

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1 Development and Legal Framework of Wind Energy Projects in Germany Stefan Leclaire, Trianel GmbH Tunis, 24 June 2014

2 Content Introduction to Trianel Status Quo of Wind Energy in Germany Legal Framework of Wind Energy Projects Renewable Energy Sources Act Federal Immission Control Act Wind Energy Project Development Project development - step by step Lessons learnt

3 Introduction to Trianel

4 Trianel at a glance Europe s leading network of Municipal Utility Companies (MUCs) Pooling complementary activities of independent MUCs, helping them to remain autonomous and ensure their competitiveness Expertise in energy generation, trading, procurement, project development and services in a competitive environment Innovation aid through trend scouting and industry analyses Turnover: ~ EUR 3.5 billion (in 2012) 56 shareholders

5 Trianel s wind assets Onshore Wind Farm Eisleben Installed capacity: 27 MW 11 wind turbines of three types (Enercon 0.8, 2.3 and 3 MW) Operating since March 2014 Offshore Wind Farm Borkum Planned installed capacity: 400 MW Type of wind turbine: AREVA M5000 Investment volume: over EUR 1.6 billion Construction completed in May 2014

6 Status Quo of Wind Energy in Germany

7 Wind power - installed capacity in Germany Installed capacity [MW] Source: German Federal Ministry for Economic Affairs and Energy

8 Share of renewable energy in electricity supply Electricity Generation 2013 in Germany: 634 billion kwh Source: German Association of Energy and Water Industries (BDEW)

9 Legal Framework of Wind Energy Projects

10 Two relevant legal acts for wind energy projects Renewable Energy Sources Act (RESA) Purpose is to facilitate a sustainable development of energy supply Granting priority to renewable energy sources Determines tariffs and sample degression rates for the various renewable energy sources Federal Immission Control Act (FICA) Purpose is to protect human beings, animals and plants, the soil, water, the atmosphere against harmful effects on the environment Determines building licencing process of a wind farm

11 Main principles of Renewable Energy Sources Act Investment protection through guaranteed feed-in tariffs Feed-in priority for renewable electricity, purchase and transmission obligation for utilities Compensation not through taxes or subsidies but rather through surcharge on electricity bills of all consumers with exemptions for energy-intensive industries Compensation rates periodically lowered (fixed degression per year) which puts cost pressure on renewable energy sector

12 RESA: Additional aspects Fixed feed-in tariffs guaranteed for up to 20 years -> attractive scheme for financing institutions Tariffs vary according to technology and size. Date of commissioning is relevant moment in time for determination of the effective tariff. The tariff for wind onshore projects commissioned until 31 December 2014 is 9.13 ct/kwh maximum Surcharge rate (currently : 6.24 ct/kwh) is determined on annual basis and has increased substantially over the last years. Discussion on consumer prices and effects on competitiveness of German industries

13 RESA 2014 Amendment Amendment scheduled to come into force as of 1 August 2014 Aim is to balance between energy prices, security of supply and climate change aspects The above mentioned EEG surcharge should be kept stable Main adjustments: Reduced tariffs (e.g. wind onshore as of 1 January 2015 including direct selling costs: 8.7 ct/kwh) Additional construction of wind onshore limited to 2,500 MW/year, otherwise higher degression applies Obliged direct selling of renewable energy electricity Tendering procedure from 2017 onwards

14 Steps licencing process according to FICA Submission of application documents Completeness check Feedback of other involved authorities Publication of application documents and involvement of the public Application assessment Licencing notice (permission to start construction) Not unlikely: lawsuit against licence

15 Contents of the application documents Application forms Description of the project (e.g. site location, number and type of wind mills) Various maps describing wind mill positions, access ways, distance to settlements and to natural habitats Expertise on: Building ground Turbulence Sound and shading impact Environmental impact (e.g. fauna, water, soil) Fire protection and work safety concepts

16 Wind Energy Project Development

17 Project development step by step (1/2) Step Site assessment Milestone Project site chosen Securing property Project site legally secured Licencing process Project licence obtained Grid connection Access to grid secured Wind farm layout Wind farm concept determined

18 Project development step by step (2/2) Step Financing Milestone Financial close achieved Construction Wind farm built Commissioning Wind farm accepted or Project sale Operation management Wind project sold Wind farm operates successfully

19 Project development - Lessons learnt It can take up to three years from idea to project Roughly one out of three projects ideas will be eventually realised -> essential to establish risk management system in order to limit development costs Development costs (capital at risk!) can sum up to 500,000 EUR Return on invest roughly 7 to 10% depending on site conditions (wind speed, infrastructure, site rent) and financing conditions Despite the political commitment ( Energiewende ) in the future projects will likely more difficult to realise due to Decreasing profits Increasing nature and wildlife conservation requirements Decreasing acceptance of the involved people

20 Contact details Stefan Leclaire Trianel GmbH Krefelder Str Aachen/Germany Phone: Fax: Web: