Use of the grid

Updated: 09.01.2019

Author: Stijn Anciaux

The plant operator is entitled to grid use to be granted by the grid operator by agreement. The grid operator is obliged to select the party to such an agreement according to non-discriminatory criteria (art. 24 (1); (3) Electricity Act).

The claim arises at the date of conclusion of the agreement. The grid operator may deny access to the grid if grid capacity is insufficient (art. 24 (2) Electricity Act).

Entitled party. Every person who has concluded an agreement with the grid operator is entitled to use the grid (art. 24 (1) Electricity Act).

Obligated party. The party obliged to grant use of the grid is the grid operator that has concluded an agreement with the plant operator.

Procedure

Process flow

A plant operator shall apply to the grid operator for use of the grid (art. 24 (1) Electricity Act). The grid operators are obliged by law to make an offer for use of the grid (art. 24 (1) Electricity Act). When a plant operator accepts this offer, he has the contractual right against the other contracting party to use the grid. Connection to and use of the grid are usually covered by a single agreement.

Deadlines

The time scale within which use of the grid must be granted depends on the terms of the agreement.

Priority to renewable energy

  • Priority to renewable energy
  • Non-discrimination

The grid operator is obliged to grant access according to non-discriminatory criteria (art. 24 (3) Electricity Act). Renewable energy is not given priority. This problematic issue was already raised in 2012 by former Minister of Energy Verhagen (https://zoek.officielebekendmakingen.nl/kst-32774-4.pdf). However, no modification on this matter has yet taken place.  

Curtailment

The grid operator must fulfil his obligation unless the capacity of the grid he manages is not sufficient (art. 24 (2) Electricity Act). The regulatory authority may prescribe that grid entry capacities shall preferably be granted to certain applicants to maintain the stability of the electricity market. However, even restricted access shall be granted according to non-discriminatory criteria and published in the Official Gazette of the Netherlands (art. 26 (1), (4) Electricity Act).

Distribution of costs

As stated by the Dutch transmission grid operator, the grid operators may impose several charges for use of the grid. The plant operators are obliged to pay service charges to cover the costs arising from the operation of the grid (art. 16b in conjunction with art. 29 (6), (1) Electricity Act). In addition, they have to pay charges for the transmission of electricity via the national grid (art. 29 Electricity Act). The charges to be paid are annually determined by the Authority for Consumers & Markets (ACM) in accordance with the Fee Code (art. 26b Electricity Act). The costs listed in the electricity bills shall be objective, transparent and non-discriminatory. Furthermore, they shall reflect the costs actually incurred by the grid operators (art. 27 (3) in conjunction with art. 28 (3) Electricity Act).

Consumers

The costs arising from the use of a grid are borne by the customers connected to this grid (users and plant operators) (art. 29 (1), (2) Electricity Act).

Plant operator

The costs arising from the use of a grid are borne by the customers connected to it (users and plant operators) (art. 29 (1), (2) Electricity Act).

Netherlands

Further information

  • Autoriteit Consument & Markt (ACM) - Authority for Consumers & Markt
  • +31 70 72 22 000
  • ACM website

Basic information on legal sources