Electricity network – licence for the operation of a distribution network – issuing (application)

Anyone wishing to operate a distribution network requires a licence from the authorities (elektrizitätswirtschaftliche Konzession).

The Authority must take a decision within six months of receiving a complete application.

The application for the elektrizitätswirtschaftliche Konzession must be made in writing. The application must be accompanied by the following documents:

• for natural persons, documents proving name, age and nationality
• for legal persons, documents proving their existence
• a plan of the intended distribution area with representation of the area boundaries on a scale of 1 : 25,000
• Information on the structure, number of customers and expected costs; information on whether the existing and planned distribution facilities allow for cost-effective, sufficient and safe Distribution
• If more than 100,000 customers are connected to the distribution network, an "equal treatment programme" (discriminatory behaviour towards customers should be excluded).

Conditions for granting the elektrizitätswirtschaftliche Konzession:

• the concession applicant must be able to
• ensure cost-effective, safe and sufficient distribution, and
• comply with the obligations associated with the operation of a network.
• there must not yet be a concession to operate a distribution system in the area envisaged
• if the applicant for the concession is a natural person, he/she must
• be self-entitled and have reached the age of 24
• be an Austrian citizen or a citizen of another EU member state or EEA treaty state
• have their main residence in Austria or another EU member state or EEA contracting state.
• not be excluded from the exercise of the concession
• if the applicant for the concession is a legal person or registered partnership, it must
• have their headquarters in Austria or in another EU member state or EEA treaty state and
• have appointed a manager or lessee to exercise the concession:

Further information for this procedure is only available in German

Amt der NÖ Landesregierung, Abteilung Anlagenrecht

Authentication or signature of the application is not required.

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.

Point of single contact Niederösterreich https://eap.noe.gv.at/Start.aspx?lang=en

Amt der NÖ Landesregierung, Abteilung Anlagenrecht

25.07.2023