There is not any original communal right to energy supply for the population. The affiliation of local power supply to the local administration cannot be justified either by the public purpose of service or by the term provision of existence. The utilities do not get a communal license when getting the so-called licensing contract. According to its legal nature, the licensing contract is a mixture of legal positions composed of elements of the civil law and the public law. (Administrative lawsuit). The so-called power supply contract is a mutual legal relationship under civil law on the utilization of electric power, made to last. (Permanent obligation for utilization). When concluding both contracts, it is a matter of economic activities undertaken by the communities. Fiscal considerations are in the foreground. Legal regulations concerning roads and distances and serving as starting points for concluding a licensing contract are alien to the system and are to be abolished. Communities should only be responsible for local energy supply on a basis under public law. In lieu of it a stronger obligation to be met by large utilities ought to be ensured by ties under public law.