The Federal Network Agency is planning a fundamental reform of the special network charges for energy-intensive companies. Any change to the current privilege regime entails the risk of a (possibly even considerable) loss of privilege for the companies concerned – or, conversely, the risk of an increase in energy procurement costs. The possibility of a (pro rata) reduction in grid fees should continue to exist. The current so-called band load regulation for energy-intensive companies (also known as “intensive grid use”) is to be abolished and replaced by a new system consisting of various flexibility incentives. With the discussion paper on the fees for industry and commerce as part of the “AgNes” reform (General Grid Fee System for Electricity), the authority submitted initial model proposals for consultation on September 24, 2025 and is inviting the energy industry to actively participate in the design process. The Electricity Grid Charges Ordinance (StromNEV) will expire at the end of 2028. With the AgNes reform, the regulatory authority wants to revise the existing structures for the period from 2029.
BNetzA intends to abolish the band load rule as a prerequisite for grid fee discounts for industry and commerce
In its discussion paper, the Federal Network Agency (BNetzA) makes it clear that the band load rule pursuant to Section 19 (2) sentence 2 StromNEV should not be continued. The band load rule is a special regulation within the StromNEV that allows electricity-intensive companies with a high and simultaneously uniform (“band-shaped”) electricity consumption (at least 10 GWh of electricity consumption over 7,000 full utilization hours) to pay significantly reduced grid fees (reductions of up to 90% are theoretically achievable). The background to this concession was the energy industry incentive function that band-shaped consumers relieve the grid, as they do not cause sudden electricity peaks or absorb the grid peaks, and should therefore be relieved with a reduced fee.
The criticism of the band load rule is made unmistakably clear in the discussion paper:
“Inflexible purchasing behavior is detrimental to the overall economy and can hinder the integration of renewable energies into the electricity market.”
In particular, the flat-rate grid fee discounts for rigid consumption behavior are questioned critically. Such discounts contradict the central objectives of the AgNeS reform, in particular the promotion of flexibility and support for the energy transition. Inflexible load behavior can exacerbate grid bottlenecks and reduce the potential for system services. However, a successful energy transition requires adaptable control and shifting of loads. In contrast, the Federal Network Agency believes that flat-rate discounts promote the wrong incentives.
Federal Network Agency proposes three alternatives for special network charges for industry and commerce
Nevertheless, the BNetzA is sticking to a fundamental discount on grid fees for industry and commerce. However, the prerequisites for this are to be adapted to the requirements of the energy transition. There are signs of a move away from purely demand-oriented benefits in favour of a model that rewards flexibility and controllability. Companies should only benefit from reduced grid fees if they actively contribute to grid stability, for example by shifting loads, using storage or making themselves controllable through technical equipment. The greater the contribution to the system, the higher the reduction in grid fees should be.
Specifically, the Federal Network Agency is presenting three options for the design of a rebate system for discussion. The first option is spot market-oriented flexibility incentives. Electricity-intensive end consumers should be encouraged to react flexibly to these market developments during periods of high prices and price reductions, which should be rewarded accordingly. The second proposal provides for grid-friendly flexibilization, according to which the avoidance of congestion management costs on the part of electricity-intensive end consumers should be a prerequisite for grid fee rebates. Finally (third option), granting the grid operator the option of limiting very high or increasing very low supply loads in critical grid situations can also be a prerequisite for a grid fee discount.
Far-reaching consequences for energy-intensive companies
The foreseeable end of the band load rule will have far-reaching consequences for energy-intensive companies. The previous security of reduced grid fees will no longer be guaranteed in future and will therefore be less predictable. In many cases, companies have made considerable investments (in order to obtain these concessions) to ensure or guarantee compliance with the requirements. It remains to be seen and must be considered on a case-by-case basis whether the production and thus consumption behavior still fits in with the future relief requirements. Otherwise, there is a risk of considerable additional charges (up to several cents/kWh).
It is to be expected that many companies will have to make further investments in load management, storage and control technologies in order to be able to achieve reductions in the future. At the same time, however, this will require companies to take a much more sophisticated approach to energy management and a strategic approach to flexibility.
Energy-intensive companies should start preparing now
The Federal Network Agency’s discussion paper is initially “food for thought” and does not yet create any binding regulations – experience shows, however, that essential framework conditions have already been thought through. The BNetzA is currently inviting people to consultations and workshops. The binding legal framework will only be established once a formal resolution has been issued. Until then, it remains to be seen which of the discussed elements will prevail and what the specific form will be.
Energy-intensive companies can therefore continue to benefit from the previous concessions until the StromNEV expires. The BNetzA has also announced its intention to introduce transitional regulations in order to allow affected companies to adapt to the new requirements and realize flexibility potential – in our opinion, the exact nature of these will be decisive in order to continue to be able to offer companies competitive electricity prices.
