Question juridique clé
Whether Art. 31b StromVV could lawfully charge power plant operators with general system service costs.
Solution extraite
No. The provision conflicted with the Electricity Supply Act because system service costs must be borne by end consumers, not electricity producers.
Motifs extraits
Art. 14(2) and Art. 15(2) StromVG place net-use charges, including system service costs, on end consumers. Power plant operators are producers, so shifting these costs to them was contrary to the statute.