GHR Energy Law Quarterly – March/April 2023

The association for own consumption – or how the return to basic power supply succeeds

A few months ago, the Swiss Federal Electricity Commission (ElCom) had to deal with the question of whether the formation of an association for own consumption (Zusammenschluss zum Eigenverbrauch or ZEV) would allow a return to the basic supply for the purchase of electricity, or whether it would be an abuse of rights (rechtsmissbräuchlich). A ZEV is about the self-consumption of electricity that is produced and consumed on site, i.e. at the location of the production plant. Self-consumption in a ZEV takes place jointly, which means that several landowners, tenants or leaseholders consume the electricity at the place of production, but are jointly regarded as one end consumer. In addition, the production output must be significant in relation to the connected load at the metering point (Article 16 et seq. Energy Act, EnG).

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