Measuring Point Operation Act

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Basic data
Title: Law on metering point operation and data communication in intelligent energy networks
Short title: Measuring Point Operation Act
Abbreviation: MsbG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Energy law
References : 752-10
Issued on: 29 August 2016
( Federal Law Gazette I p. 2034 )
Entry into force on: 2nd September 2016
Last change by: Art. 90 G of November 20, 2019
( Federal Law Gazette I p. 1626, 1679 )
Effective date of the
last change: 		November 26, 2019
(Art. 155 G of November 20, 2019)
GESTA : B030
Weblink: Text of the MsbG
Please note the note on the applicable legal version.

The Measuring Point Operation Act ( MsbG ) regulates the market for the operation of measuring points and the equipping of the line-bound energy supply with modern measuring devices and intelligent measuring systems. It was introduced in 2016 by the law on the digitization of the energy transition.

Part 1 regulates the scope and the terms used. Part 2 (§§ 3–48) regulates the operation of the measuring points, including the equipment of the measuring points with modern measuring devices and intelligent measuring systems, staggered in terms of time and annual consumption. Part 3 (§§ 49-75) contains specific data protection regulations for this. Part 4 (§§ 76-77) determines the supervision by the Federal Network Agency .

Terms

Digital electricity meter (manufacturer: Landis + Gyr ), used by Iberdrola
Smart Meter Gateway (manufacturer: PPC), communication via GPRS , sample device

A modern measuring device reflects the power consumption and the usage time and can be securely connected to a communication network (§ 2 No. 15). From Section 61 (3) it follows that it can display the historical energy consumption values ​​for days, weeks, months and years for 24 months.

An intelligent measuring system (§ 2 No. 7) consists of a modern measuring device that is connected to a communication network via a smart meter gateway (§ 2 No. 19) and meets the requirements of §§ 20 and 21 on data protection , data security and interoperability adheres to. In addition to the current and historical consumption values ​​for the last 24 months, the user may need to a. Present tariff information for checking the billing as well as the consumption information according to § 40 Paragraph 3 of the Energy Industry Act (§ 61 Paragraph 1). Only a modern measuring device connected to a smart meter gateway can therefore be called a "smart meter" or " intelligent meter ", not the modern measuring device as such.

Measuring point operation

The local distribution network operator (§ 3) is responsible for the metering point operation and thus also for the installation of a modern metering infrastructure ; according to Section 2 No. 4, he is the "basic metering point operator". As such, he in particular has the function of the smart meter administrator (§ 3 Paragraph 1) and is responsible for the technical operation of the smart meter gateway, which he can carry out himself or through a representative (§ 2 No. 20) . In any case, the smart meter administrator must meet the obligations from Section 25 and be certified accordingly in accordance with Section 25 (5). According to Section 41, the distribution network operator can transfer his responsibility for modern metering equipment and intelligent metering systems (not for conventional electricity meters ) to another company.

The connection user (§ 2 No. 3) can commission someone else instead of the basic metering point operator (§ 5). Like the Energy Industry Act, the MsbG thus implements the liberalization of metrology . However, from 2021, the building owner (subscriber, § 2 No. 2) has a priority right to choose under certain conditions. If all measuring points of the property are equipped with intelligent measuring systems, the current measurement is bundled with another energy delivery measurement (e.g. of gas or district heating ) via the same smart meter gateway and no additional costs arise as a result (§ 6, the so-called. Property model).

With a choice according to § 5 or § 6, the selected metering point operator is assigned the function of smart meter gateway administrator (§ 3 Paragraph 1).

Equipped with intelligent measuring systems

Compulsory equipment

There is an obligation of the metering point operator to equip metering points with intelligent metering systems according to Section 29 (1)

  • Consumers with an annual electricity consumption (calculated based on the average of the previous three years, Section 31 Paragraph 4) of over 6,000 kWh
  • Consumers who participate in the planned flexibility mechanism in accordance with Section 14a of the Energy Industry Act with a controllable consumption device (e.g. heat pump) and
  • Operators of systems under the Renewable Energy Sources Act or the Combined Heat and Power Act with an output of over 7 kW.

Due to the lower consumption limit of 6,000 kWh per year, the vast majority of private households will not be affected by the mandatory equipment. In addition, the obligation only arises if installation is technically possible according to Section 30 and economically justifiable according to Section 31.

For the technical possibility, § 30 presupposes that at least three companies offer intelligent measuring systems that correspond to the standards set in §§ 19-23 and that the Federal Office for Information Security makes a determination about this (§ 30 sentence 1, often as "Market Declaration"). In particular, the smart meter gateways used must be certified accordingly by the Federal Office for Information Security in accordance with Section 24. The first smart meter gateway was certified on December 12, 2018 and the second on September 25, 2019. The third smart meter gateway was certified on December 19, 2019. On January 31, 2020, the Federal Office for Information Security issued the determination under Section 30 for consumers up to 100,000 kWh per year. For large consumers with a higher annual electricity consumption and for system operators, there is no longer any obligation to equip.

The economic justifiability of the equipment is regulated in § 31 for different consumer groups by setting different gross price caps. Beginning with the large consumers, this is also staggered in time (often referred to as " rollout ", also in Section 37 (1)).

Overview: mandatory equipment

For consumers (Section 31 Paragraph 1)
Annual electricity consumption Installation Upper limit annual price
over 100,000 kWh 2017-2032 no
50,000 to 100,000 kWh 2017-2024 € 200
20,000 to 50,000 kWh 2017-2024 170 €
10,000 to 20,000 kWh 2017-2024 130 €
6,000 to 10,000 kWh 2020-2027 100 €
In the case of systems (Section 31 Paragraph 2)
power Installation Upper limit annual price
over 100 kW 2020-2027 no
30 to 100 kW 2017-2024 € 200
15 to 30 kW 2017-2024 130 €
7 to 15 kW 2020-2028 100 €

For measuring points for controllable consumer devices that participate in the flexibility mechanism according to Section 14a of the Energy Industry Act, the upper limit is € 100 (Section 31, Paragraph 1, No. 5).

Just as with conventional electricity meters , the consumer and the homeowner must tolerate the installation if the upper price limit is adhered to (Section 36 (3)). However, the metering point operator responsible must inform consumers and homeowners at least three months before the equipment and point out the possibility of free choice of a metering point operator (Section 37 (2)). An adjustment of the upper price limits is not possible before 2027 (§ 34).

From § 45 Paragraph 2 No. 1 it results that the metering point operators have to equip 10% of the affected metering points with intelligent metering systems within three years from the beginning of the obligation to equip.

optional equipment

According to Section 29 (2), the metering point operator can equip metering points with intelligent measuring systems

  • Consumers with an annual electricity consumption of up to and including 6,000 kWh
  • Operators of systems with an output of between 1 and 7 kW.

Here, too, the requirements according to § 30 and § 31 must be met. The optionality relates only to the meter operator, not the consumer or system operator. This must tolerate the installation if the upper price limits of § 31 Paragraph 3 Sentence 1 are observed. An optional installation is only provided for newly built, not for existing systems.

Overview: Optional equipment

For consumers (Section 31 Paragraph 3 Sentence 1)
Annual electricity consumption Installation Upper limit annual price
4,000 to 6,000 kWh from 2020 € 60
3,000 to 4,000 kWh from 2020 40 €
2,000 to 3,000 kWh from 2020 30 €
up to 2,000 kWh from 2020 € 23
In the case of systems (Section 31 Paragraph 3 Sentence 2)
power Installation Upper limit annual price
up to 7 kW from 2018 € 60

Connection obligation (§ 40)

If a smart meter gateway is available at a metering point, the metering point operator must connect generation systems in accordance with the Renewable Energy Sources Act or the Combined Heat and Power Act as well as modern metering devices to it, insofar as this is technically possible and cost-neutral for the system operator (§ 40 para. 1). A corresponding obligation also exists for new gas meters (Section 40 (2)).

Equipped with modern measuring devices

All consumers and system operators who are not obliged to install intelligent measuring systems must be equipped with modern measuring devices in accordance with Section 29 Paragraph 3 by 2032. There is an upper price limit of € 20 (§ 32).

privacy

Priority of the Metering Point Operation Act

The Measuring Point Operation Act contains extensive data protection standards in Sections 49–75, which take precedence over the Federal Data Protection Act . This means that data transmission is only permitted if it is provided for in the Measuring Point Operation Act itself, even if it would be permitted under the Federal Data Protection Act (Section 49 Paragraph 1 Sentence 2: "Processing of this data in accordance with other federal or the Countries is not allowed. ")

Collection, transmission and use of data

In § 49 MsbG, it is first finally determined who is authorized to handle personal data. Authorized bodies include a. the metering point operator, the network operator and the energy supplier. These may, in compliance with Sections 11 and 43 of the Federal Data Protection Act, have the collection, processing and use of data carried out by a service provider (Section 49 (3)). What data under what conditions applicable may be, place the fixed §§ 55-59. A distinction must be made between which data may be transmitted . This is determined in Sections 60–65. Section 60 determines, for example, the transmission of data to the operators of distribution networks, transmission network operators and energy suppliers. Sections 66–70 determine the purposes for which the data transmitted to you may be used .
For end consumers of less than 10,000 kWh per year, this means that the measurement is carried out by measuring the meter reading (according to Section 2 No. 27, a series of meter readings determined every quarter of an hour), unless otherwise agreed in the delivery contract (Section 55 Paragraph 1 No. 2 and 4). However, the annual energy value may only be transmitted annually

Any further transmission and use, e.g. as part of a variable electricity tariff , requires consent (Section 70).

In any case, the transmission takes place directly to the authorized bodies. If available, intelligent measuring systems are to be configured accordingly by default in accordance with Section 60 (4). The (encrypted) data are therefore sent directly to the authorized bodies via the smart meter gateway (so-called star-shaped communication, see heading to Section 60).

Measuring devices for gas

The Metering Point Operation Act does not contain any obligation to replace gas meters . However, new measuring devices for gas may only be installed if they can be connected to a smart meter gateway in compliance with the applicable standards for data protection, data security and interoperability (Section 20 (1)). New gas meters with registering power measurement may be installed until December 31, 2024 and then used for eight years at a time (Section 20 (2)).

Charging stations

According to Section 48 MsbG, metering points at charging stations are exempt from the technical requirements of Sections 19–28 until the end of 2020.

literature

  • Volker Lüdemann, Manuel Christian Ortman, Patrick Pokrant: The new measuring point operation law. Paving the way for future-proof smart metering? In: Journal for the entire law of the energy industry (EnWZ) 2016, pp. 339–346.
  • Franz Jürgen Säcker (Ed.): Berlin Commentary on Energy Law, Volume 4: MsbG - Metering Point Operation Act. 2017, ISBN 978-3-8005-1618-6 .

Web links

Individual evidence

  1. ↑ Overview of issued certificates at the Federal Office for Information Security: Certificate evidence according to § 25 MsbG. Retrieved August 30, 2018 .
  2. ↑ Cf. the average consumption based on the explanatory memorandum to the "Law for the New Regulation of Energy Industry Regulations" (BR-Drucksache 343/11) of June 6, 2011, which must be indicated for comparison in electricity bills according to Section 40 Paragraph 2 No. 6 of the Energy Industry Act: The average consumption is 3,500 kWh per year (BR-Drucksache 343/11, p. 196). A 4-person household with very high electricity consumption consumes 5,928 kWh per year.
  3. ↑ Federal Office for Information Security: Certified Products - Intelligent Measurement Systems . Accessed January 2, 2020 .
  4. ↑ Federal Ministry for Economic Affairs and Energy: Rollout is approaching: Third certificate for smart meter gateway handed over. December 19, 2019, accessed December 19, 2019 .
  5. ↑ Federal Office for Information Security: Market Analysis Smart Metering Systems. January 31, 2020, accessed February 2, 2020 .
  6. ↑ . See Agency: Modern measuring equipment / Intelligent measuring systems. Retrieved March 17, 2020 . , Federation of German Consumer Organizations: The new electricity meters are coming. February 14, 2020, accessed March 17, 2020 . and Lüdemann / Ortman / Pokrant: The new measuring point operation law, EnWZ 2016, p. 339, here p. 342.
  7. ↑ S. Lüdemann / Ortman / Pokrant: The new measuring point operation law, EnWZ 2016, p. 339, here p. 343.