(1) Sections 18, 21a, 22(1), 23a and 32(2), 33, 35 and 52 shall not apply to the operation of a closed distribution system.

(2) The regulatory authority shall classify an energy supply system distributing energy for the purpose of enabling supply to customers in a geographically limited industrial or commercial area or an area where services are shared as a closed distribution system where 1. the activities or production processes of the connection users of this network are linked for specific technical or safety reasons, or 2. the grid is primarily used to distribute energy to the grid owner or operator or to companies affiliated with them; the average of the last three calendar years shall be decisive; reliable knowledge of future shares shall be taken into account. The classification shall only be made if no household customers or only a small number of households whose persons have an employment or comparable relationship with the owner or operator of the network are supplied through the network.

(3) The classification shall be made at the request of the network operator. The application shall contain the following information: 1. the name and registered office of the grid operator and the grid owner, information pursuant to section 27(2) of the Electricity Grid Charges Ordinance or section 27(2) of the Gas Grid Charges Ordinance, 3. number of household customers supplied, 4. upstream grid including the voltage or pressure at which the distribution network is connected, 5. other distribution grids operated by the grid operator. The distribution grid shall be considered as a closed distribution grid from the complete application until the decision of the regulatory authority.

(4) Any system user of a closed distribution system may request a review of the charges by the regulatory authority; section 31 shall not apply in this respect. It shall be presumed that the determination of the grid usage fees complies with the legal requirements if the operator of the closed distribution grid does not demand a higher fee than the operator of the upstream energy supply grid for the use of the general supply energy grid adjacent to the closed distribution grid at the same grid or transformer level; if several general supply energy grids are adjacent at the same grid or transformer level, the lowest fee shall be decisive. § Section 31(1), (2) and (4) and Section 32(1).