Article 2e Watercourses Use Ordinance (GNV) - Competitive Situation in Concession Applications for the Use of Hydropower or Pumped Storage: Decision on Competition

1. Priority shall be given to the applicant whose project serves the public interest to a greater extent or, if several projects equally serve the public interest, to the applicant whose project best ensures the economic exploitation of the water body.

2. For determining the public interest, the effects of the project on sustainable development are decisive in the four dimensions of environment, economy, society, and public sector involvement.

3. The economic exploitation of the water body is determined based on aspects of electricity production (GWh/a), demand-oriented energy generation (proportion of winter or peak electricity in GWh/a), energy efficiency (kWh/m residual water course), and specific value creation (ratio of market price in cents/kWh to production costs in cents/kWh).

4. Project changes are not considered until the competitive decision is made.

5. The executive council decides, after consulting the cantonal building commission, to which applicant priority is given. In the same decision, the other applications are rejected. If projects prove to be equivalent, the cantonal parliament decides if it is responsible for granting the concession.

6. The concession procedure continues after the competitive decision, unless the administrative court has granted a suspensive effect to an administrative court appeal filed against it.

7. The arguments for the competitive decision must be comprehensively presented in the concession application to the cantonal parliament.

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