Costs and Tariffs 2009 for the Use of Network Level 1

Facts

The national grid company swissgrid ag published the costs and tariffs for network level 1 for the year 2009 on 23 May 2008. The BKW FMB Energie AG and the BKW Übertragungsnetz AG lodged a complaint against the ruling of the ElCom of 6 March 2009. The Federal Administrative Court partially upheld the complaint and amended the contested ruling. The BKW FMB Energie AG and the BKW Übertragungsnetz AG lodged a complaint against the judgment of the Federal Administrative Court.

The complainants requested that the 2009 tariffs for the use of network level 1 be calculated taking into account the allocable operating and capital costs of Complainant II of CHF 51,939,293.--. They also requested that the remaining revenue from market-oriented allocation procedures mentioned under point 5 of the disposition of the ElCom's ruling of 6 March 2009 be used to cover the allocable costs of the transmission network for the year 2009.

Considerations

The Federal Court examined the admissibility of the complaint and found that the complaint was partially admissible. It then examined the merits of the complaint and found that the ElCom had corrected the cost accounting in several points. The Federal Court examined the correction of the synthetic values and found that the ElCom had reduced the synthetic values by 20.5%.

The Federal Court also examined the deduction of 20% pursuant to Art. 13 para. 4 last sentence ESO and found that this deduction was…