Concession for the operation of a distribution network - application

General information

A concession is required for the operation of an electricity distribution network (Art. 54 Vienna Electricity Act 2005). This concession may only be granted if the applicant is able to ensure economical, sufficient and secure distribution and meet their responsibilities, and if no other concession for the operation of a distribution network has been granted for the area in question.

Required documents

  • Map of the distribution area showing the borders of the distribution area at a scale of 1:25,000 (2 copies)
  • Documentation showing the appointment of a technical plant manager
  • Details about the structure and the expected cost of power distribution and whether the existing and planned distribution networks can be expected to provide economical, sufficient and secure distribution
  • Declaration that there are no pending or completed bankruptcy or composition proceedings
  • If a power of authority has been issued: power of authority
If the applicant is a natural person:
If the applicant is a legal person:
If more than 100,000 customers are connected to the distribution network and if the applicants for the concession belong to a vertically integrated company, the following must also be provided:
  • Details about the legal independence from all business units that are not related to distribution
  • Details about the positions of the persons in charge and documentation showing that these persons do not belong to business units of the integrated electricity company that are directly or indirectly in charge of operations in the areas of electricity generation and supply
  • Documentation showing their decision-making power concerning assets required for the operation, maintenance or the further development of the supply network
  • Articles of association of the applicants
  • Details about the financial and human resources of the applicants as proof that they will be able to meet their obligations as distribution network operator
  • non-discrimination programme that details the measures that will be taken to prevent discriminatory behaviour, and the measures that will be taken to ensure sufficient monitoring of the adherence to the programme
  • Appointment of a non-discrimination advisor
  • If a supervisory board has been established: Documentation showing that the supervisory board of the distribution network operator has at least two members who are independent as regards the parent company
Type and format of the evidence to be submitted:
You can find more information about bringing in documents at: Contact the City of Vienna (German)

Deadlines

None

Costs and fees

The fees are due after the procedure has been concluded and amount to:
  • Provincial administrative fee: EUR 6.54
  • Duty for the application as per Duty on Documents Act: EUR 14.30
Further costs depend on the number of documents filed with the application.

For any questions regarding payment, please contact the competent accounting department (Buchhaltungsabteilung 40) (German) of Municipal Department 6.

Legal bases

Requirements

If the applicant is a natural person, they must
  • be of full legal age and capacity and have a minimum age of 24
  • be an Austrian citizen or have an equivalent status due to EU law or an interstate treaty
  • be domiciled in Austria or in another country whose nationals are treated equally to Austrians due to EU law or an interstate treaty
The granting of a concession to a legal person, a business partnership or a registered general partnership requires the applicants to
Applicants cannot apply if they have been excluded from exercising the concession. Grounds for exclusion are conviction for certain crimes and filing for bankruptcy or composition (Art. 54 (4) Vienna Electricity Act 2005).

If more than 100,000 customers are connected to the distribution network and if the applicants for the concession belong to a vertically integrated company, it must be ensured (Art. 55 Vienna Electricity Act 2005) that
  • the persons in charge of the operation of the distribution network do not belong to business units of the integrated electricity company that are directly or indirectly in charge of operations in the areas of electricity generation and supply
  • the professional interests of the persons in charge of the distribution network operator (executive bodies) are taken into consideration in such a way that their independence is ensured, and the reasons for dismissal of any executive body of the distribution network operator must be clearly outlined in the articles of association of the distribution network operator
  • the decision-making power concerning assets required for the operation, maintenance or the further development of the supply network rests with the distribution network operator, and special consideration is given to ensuring that the decision-making power is exercised independently of the other parts of the integrated electricity company
  • non-discrimination advisors are appointed (Art. 38 (4) Vienna Electricity Act 2005)
  • non-discrimination programme is developed that details the measures that will be taken to prevent discriminatory behaviour, the measures that will be taken to ensure sufficient monitoring of the adherence to the programme, and the obligations of the employees with respect to achieving the goal
  • if a supervisory board has been or will be established: the supervisory board of the distribution network operator must have at least two members who are independent as regards the parent company
Distribution network operators must appoint a natural person as plant manager (German) for the technical management and supervision of the distribution network before starting the operation of a network (Art. 35 Vienna Electricity Act 2005).

Forms

More information

Before granting the concession, a number of bodies must be heard, including the Vienna Economic Chamber (German), the Vienna Chamber of Labour (German) and the Vienna Chamber of Agriculture (Art. 56 (6) Vienna Electricity Act 2005) (German).

The concession can only be granted if there is no prior concession for the operation of a distribution network for the area in question. For the province of Vienna, Wien Energie (German) currently holds the concession for the operation of a distribution network.

If the applicant is applying for a concession that extends over two or more federal provinces, the authorities must reach an understanding with the provincial governments of the other provinces. Applications must be filed in all provinces in whose area the network would be active.

The terms and conditions for the operation of distribution networks must be approved by the Energie-Control Kommission as per Art. 31 Electricity Act (German).

The obligations of a distribution network operator can be reviewed in Art. 38 ff. Vienna Energy Act.

Responsible department

Office of the Vienna Provincial Government
Construction, Energy, Railway and Aviation Law (MA 64)
Phone: +43 1 4000-89959
Fax: +43 1 4000-99-89910

Public hours: Tuesdays 7.30 am to 12.30 pm and Thursdays 7.30 am to 3.30 pm

Authentication and signature

Authentication or signature of the application is not required.

Means of redress or appeal

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four 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

Responsible for the content

Office of the Vienna Provincial Government
Construction, Energy, Railway and Aviation Law (MA 64)
Phone: +43 1 4000-89959
Fax: +43 1 4000-99-89910

Last update

12. Dezember 2020
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