Use of the grid
Updated: 08.02.2019
Author: Stijn Anciaux
The plant operators are contractually entitled against the grid operator to use the grid. The grid operator is obliged to enter into agreements according to non-discriminatory criteria. The claim for use of the grid arises at the date of the conclusion of the agreement. The grid use agreement defines the rights and obligations of the grid operator and the plant operator. It also includes provisions on access and connection charges. Applications for access (examen de la demande d’accès/onderzoek van de toegangsaanvraag) are also assessed with regard to the available grid capacity (Art. 168 no. 2 Arrêté du 19 décembre 2002). The grid operator may deny the use of the grid if grid capacity is insufficient (Art. 170 § 1 Arrêté du 19 décembre 2002 in conjunction with Art. 15 § 1 Loi du 29 avril 1999 which in itself is in conjunction with Art. 12 Loi du 29 avril 1999). The grid capacity available to an individual plant operator is stipulated in the agreement.
The transmission grid operator is allowed to refuse the access to the grid to grid connected installations only when he does not dispose of the required grid capacity or when the grid access could hinder the good functioning of the grid (Art. 15 §1 Loi du 29 avril 1999). The transmission grid operator must notify and justify its refusal to the federal regulatory authority CREG (Art. 15 §1 Loi du 29 avril 1999).
Entitled party. The entitled parties are those plant operators that have entered into a connection agreement (Art. 163 Arrêté du 19 décembre 2002).
Obligated party. The grid operator is the obligated party as regards the access to the grid.
Brussels
The access to the grid is subjected to the prior submission to the distribution system operator of a grid access application form. The latter can be submitted by any person having a supplying authorisation or by a grid user, provided the latter has concluded a prior supply agreement with a supplier as well as with an access responsible party (Art. 156-157, Arrêté du 23 mai 2014).
Flanders
Plant operators have to apply for a delivery permit in order to make use of the grid. Having a permit, an application has to be filed to the distribution grid operator. Minor procedural differences apply according to voltage capacity (<30 kV, ≥ 30 kV) (Art. IV 2.2. & 2.3. Technical Regulation). Five days after a complete application has been received, grid usage is disapproved or approved. Use of grid can be curtailed on grounds of safety, reliability and efficiency (emergency curtailment) but need to be communicated by the distribution grid operator, who also is obliged to compensate losses. According to information from the Flemish grid operator, there is no regulation in place that gives preferential status to renewable energy in case of emergency curtailment. In case of congestion the distribution grid operator is obliged to undertake all measures at his disposal to enforce the save, reliable and efficient functioning of the grid by giving access priority to electricity generated from renewable energy in case of congestion (Art. IV.5.3.1 Technical Regulation).
Wallonia
Before submitting a grid access application, the plant operator shall designate a supplier as well as an access responsible party (Art.122, Arrêté du 3 mars 2011). The access to the grid is conditioned to the prior conclusion of an access agreement between the grid operator and the designated supplier of the plant operator. Moreover, a grid access application shall be submitted by the designated supplier and approved by the grid operator before signing a grid access agreement (Art.125, Arrêté du 3 mars 2011). The grid operator has the right to refuse the access to the grid if he does not dispose of the necessary grid capacity (Art. 133 Arrêté du 3 mars 2011).
Procedure
| Process flow | In order to be able to use the grid, a given plant operator (who has entered into a connection agreement) must apply for access (Art. 163 Arrêté du 19 décembre 2002). As stated by the grid operator, an agreement is valid only after it has been signed by the plant operator and if he has provided a bank guarantee.
When applying for grid access, a given applicant shall appoint a person who is responsible for the security of the access points defined in the agreement (“responsable d´accès“ or ARP - Access Responsible Party, Art. 172 Arrêté du 19 décembre 2002). Every plant operator may register himself as an ARP in the register of ARPs or appoint a third party to assume this responsibility on his behalf. To become an ARP, a plant operator (or third person) shall enter into an agreement (contrat de responsable d'accès/ contract van toegangsverantwoordelijke) whose contents are described by law (Art. 151 Arrêté du 19 décembre 2002).
Brussels
The procedure for the grid access application specifies the conditions under which a grid access can be granted.
Flanders
In order to make use of the distribution grid for electricity it is required to have a delivery permit. The requirements thereof are determined by the Flemish Government in coordination with VREG (Art. 4.3.1. §1 Energy Decree) defining technical/organisational/ financial capacity, professional record, the capacity of the applicant to fulfil the needs of customers, public service obligations etc. (Art. 4.3.1. §2 Energy Decree). After the application form (determined by VREG) has been turned in, the decision of granting a permit must be made within 2 months.
Voltage < 30 kV
Access is granted by the distribution grid operator. An application form contains the following documents: identity and contact details of applicant; identity and contact details of balance responsible manager; cooperation agreement between applicant and balance responsible entity; financial security; day of access (Art. IV.3.2.3 Technical Regulation). Within one month after application has been received, the distribution grid operator has to communicate to the applicant if application is complete or if documents are missing (Art. IV.3.2.4 Technical Regulation). Certain preconditions have to be fulfilled by the applicant, namely the following: applicant has a valid supply license; if the applicant is the balance responsible entity himself or has a cooperation agreement; if the balance responsible person is registered as access manager; date of access is at least one month ahead; financial securities are sufficient (Art. IV.3.2.5 Technical Regulation).
Voltage ≥ 30 kV
Each supplier, producer, balance responsible entity and distribution grid user can apply to the distribution grid operator. The procedure outlined for Voltage < 30 kV applies. Preconditions are fulfilled if the applicant is a balance responsible entity himself or has a cooperation agreement; if a balance responsible person is registered as access managers; date of access is at least one month ahead; financial securities are sufficient (Art. IV.3.2.5 Technical Regulation).
Wallonia
The procedure for the grid access application specifies the conditions under which a grid access can be granted (Art.126, Arrêté du 3 mars 2011).
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| Deadlines | Deadlines concerning access may be specified in the grid use agreement. In contrast to this, deadlines regarding the procedure for concluding agreements are specified by statutory law. - The grid operator is obliged to examine an application and inform the plant operator of missing documents and information within 5 days of receipt of the application (Art. 167 Arrêté du 19 décembre 2002).
- The grid operator may reject an application within 12 days of receipt. The grid operator is obliged to give reasons for its decision (Art. 170 Arrêté du 19 décembre 2002).
- The grid operator is obliged to submit an offer to the applicant within 15 working days (Art. 171 Arrêté du 19 décembre 2002).
Brussels - Within 5 working days after receipt of a grid access application, the grid operator shall communicate to the applicant whether the application is complete (Art. 165, Arrêté du 23 mai 2014).
- Within 5 working days after receipt of the full application for grid access, the grid operator provides the plant operator with a grid access agreement proposal. In case the applicant agrees with the proposal, he shall send the documents and return them to the grid operator within 20 working days (Art. 165, Arrêté du 23 mai 2014).
Flanders - 30 days after a complete application, meeting the preconditions described, has been received the distribution grid operator has to approve or disapprove grid usage (Art. IV. 3.2.6 §3 Technical Regulation).
Wallonia - Within 5 working days after receipt of a grid access application, the grid operator shall communicate to the applicant whether the application is full (Art.128, Arrêté du 3 mars 2011).
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| Obligation to inform | Brussels
In case of planned grid access interruptions, the grid operator shall inform the plant operator connected to the middle voltage grid as well as his access responsible party of the date and duration of the interruption at least ten working days ahead (Art. 171, Arrêté du 23 mai 2014). As far as interruptions on the low voltage grid are concerned, the grid operator shall inform the plant operator at least 2 working days ahead (Art. 171, Arrêté du 23 mai 2014). In case of non-planned interruptions, the grid operator shall inform on the duration and the causes of the interruptions that occurred on the middle voltage grid (Art. 172, Arrêté du 23 mai 2014). |
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Priority to renewable energy
- Priority to renewable energy
- Non-discrimination
Electricity from renewable sources must be given priority access and transmission unless the security of supply is at risk (Art. 268 § 1 of Arrêté du 19 décembre 2002 in conjunction with Art. 11 no. 3 of Loi du 29 avril 1999, Art 8. §1 no. 5 b of Loi du 29 avril 1999).
Brussels
The grid operators shall give priority access to RES installations (Art. 5 and 24bis, Ordonnance du 19 juillet 2001). Moreover, it constitutes an objective of the regional electricity regulator Brugel to ease the access to the grid and eliminate the obstacles of new production capacities such as RES installations (Art. 30 octies, Ordonnance du 19 juillet 2001).
Flanders
As enshrined in the Technical Regulation, the distribution grid operator is obliged to undertake all measures at his disposal to enforce the save, reliable and efficient functioning of the grid by giving access priority to electricity generated from renewable energy in case of congestion (Art. IV.5.3.1 Technical Regulation).
Wallonia
According to the decree of 12 April 2001, the grid codes of the Walloon region shall give priority access to RES installations (Art. 13, 6° Décret du 12 avril 2001).
Curtailment
In general, the transmission grid operator is responsible for the minimisation of the curtailment of electricity from renewable energy sources (Art. 8 §1 no. 5c of Loi du 29 avril 1999).
Brussels
The Brussels-Capital grid code distinguishes between planned and non-planned grid access interruptions. In the first case, the grid code stipulates that the grid operator has the right to interrupt the access to the grid of an installation only if the security, reliability or the efficiency of the grid is at stake (Art. 170, Arrêté du 23 mai 2014). Regarding installations connected to the middle voltage grid, the grid operator shall consult the plant operator first (Art. 170, Arrêté du 23 mai 2014). In case of non-planned grid access interruptions, the grid operator shall keep the user informed about the nature and the reasons of the grid access interruption (Art. 172, Arrêté du 23 mai 2014).
In case of an emergency situation affecting the distribution grid, the grid operator shall take the necessary curtailment measures in order to limit the propagation of the problem and ensure the rapid commissioning of the grid (Art. 173, Arrêté du 23 mai 2014).
Flanders
Flemish legislation differentiates between planned and unplanned curtailment. Access can be curtailed by the distribution grid operator on grounds of safety, reliability and efficiency. This has to be communicated to the plant operator in case of planned curtailment on high voltage grid within 10 days and low voltage within 5 days (Art. IV.4.2. Technical Regulation). As far as unplanned curtailments (emergency curtailments) are concerned, distribution grid operators inform plant operators via telephone indicating the respective duration of curtailment (Art. IV.4.3. Technical Regulation). Moreover, distribution grid operators can deny partly or wholly access in case of emergency, risk for grid operation and excess capacity (Art. IV.4.5. Technical Regulation). The distribution grid operator has to compensate losses (Art. IV.4.6. Technical Regulation). According to information from the Flemish Regulator (VREG), there is no regulation in place that gives preferential status to renewable energy in case of emergency curtailment. In case of mere congestion, the distribution grid operator is obliged to undertake all measures at his disposal to enforce the save, reliable and efficient functioning of the grid by giving access priority to electricity generated from renewable energy in case of congestion (Art. IV.5.3 Technical Regulation).
Wallonia
The Walloon grid code distinguishes between planned and non-planned grid access interruptions. In the first case, the grid code stipulates that the grid operator has the right to interrupt the access to the grid of an installation only if the security, reliability or the efficiency of the grid is at stake (Art.134, Arrêté du 3 mars 2011). Regarding installations connected to the local transmission grid, the grid operator shall consult the plant operator first (Art.134, Arrêté du 3 mars 2011). In case of non-planned grid access interruptions, the grid operator shall keep the user informed about the nature and the reasons of the grid access interruption (Art.136, Arrêté du 3 mars 2011).
In case of an emergency situation, the distribution grid operator shall follow the instructions of the local transmission grid operator, including instructions regarding the curtailment of installations (Art.150, Arrêté du 3 mars 2011). According to the Walloon Energy Department, no compensation is foreseen in case of curtailment.
Distribution of costs
| Consumers | National
In the end, the costs are borne by the consumers through their electricity bills (Art. 12 §11 of Loi du 29 avril 1999). |
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| Plant operator | Brussels
The plant operator who has signed a grid access agreement with the distribution grid operator shall bear the grid use costs as approved by the national electricity regulator CREG. The tariffs are published by the distribution grid operator Brugel on its website (Art. 8 Annex II, Arrêté du 23 mai 2014). Flanders
According to Art. 6.4.13. §2 Energy Regulation, the plant operator bears the costs.
Wallonia
In view of the fact that he uses the distribution grid, the plant operator shall bear the grid use costs as approved by the Walloon Energy Commission CWaPE (Art.133, Arrêté du 3 mars 2011). |
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| Distribution mechanism | National
Every consumer is obliged to pay a fee that depends on the amount of electricity consumed. The fee is used to fund government activities related to the operation of the electricity grid and the regulation of the electricity market. The grid operator collects this fee. Electricity from renewable sources is exempt from certain elements of this fee (Art. 21 bis 4° Loi du 29 avril 1999). |
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Belgium