Wind and photovoltaics: a perfect match?

Grid access

Contract law issues arise when a PVP uses an existing grid connection with a WF already connected. Typically, the existing grid access contract for the WF does not authorise the connection of a PVP. A special agreement with the grid operator is necessary. This raises the question of whether the grid operator is obligated to enter into such an agreement. The law grants producers the right to connect to the electricity network, meaning that a hybrid connection cannot be arbitrarily refused.

The hybrid connection agreement is often regulated through a supplementary agreement to the existing grid access contract for the WF. The PVP is considered an extension of the WF as long as the agreed total feed-in power is maintained. However, since the hybrid farm operator is not a party to the supplementary agreement, complex legal issues can arise between the hybrid farm operator and the grid access owner. In practice, these are often addressed by means of a sub-usage agreement. In the future, a direct contractual right for the PVP operator to access grid connection derived from a separate grid access agreement could resolve this problem.

It is not permissible to demand a grid access fee for the hybrid connection because there is no increase in the feed-in power. However, a grid provision fee may be charged for the electricity purchased from the PVP.

Where the WF and PVP have different owners or operators, it is unclear whether the PVP may use the WF operator's existing grid connection point. As the proprietor, the grid connection owner can decide under civil law whether to allow third parties to use it. Qualification as a regulated grid due to third-party use is likely to be denied.

In addition to permits, the construction of PVPs near WFs requires appropriate land use planning or zoning, particularly if the installations are situated in grassland. The land use planning regulations are derived from the spatial planning laws of the federal states. Installing PVPs and WFs may necessitate supra-local zoning by the regional government, local zoning by the municipalities or both.

For example, in the federal state of Lower Austria, grassland zoning for WFs and PVPs over two hectares is only permitted in supra-local zones designated by the Lower Austrian regional government. The creation of a hybrid park therefore requires overlaps between WF zones and PV zones as well as appropriate land use planning by the municipality.

Although PVPs are not subject to an environmental impact assessment under the EIA Act, an EIA obligation may exist if there is a geographical and functional connection with a WF. A geographical connection exists if the environmental impacts of the PVP and the WF overlap. A functional connection exists if there is an operational connection between the project components. If the existence of this connection between the PVP and the WF results in a single EIA project, project applicants should select the correct EIA strategy when approving the PVP depending on the procedural status of the WF.

Outlook

Hybrid parks offer a sensible solution for utilising existing grid connections. In the future, battery or hydrogen storage systems can also be integrated into WFs alongside PVPs. Legal simplifications regarding grid access, spatial planning and permits are essential to speed up the process.

authors: Bernd Rajal, Christoph Jirak