Stek again victorious for USG on allocation of costs for the transportation of electricity to SABIC

Stek has successfully represented Utility Support Group (USG) B.V. (“USG”) in the continuation of its dispute with SABIC Petrochemicals B.V. (“SABIC”) over the allocation of costs for the transport of electricity via the closed distribution system of USG on the so-called Chemelot site (the “CDS”).

Stek had already successfully represented USG in the procedures before the Dutch energy regulator, the Authority for Consumers and Markets (“ACM”), regarding the enforcement request of SABIC vis-à-vis USG for an alleged violation of the Electricity Act 1998 (“E-Act”) in relation to these costs. SABIC had argued that the E-Act entitled SABIC to a significant discount on these costs, to the detriment of other parties on the CDS.

SABIC appealed the decision on its objections in which ACM rejected the request for enforcement measures against USG before the Rotterdam District Court. By judgement of 28 February 2024, the Court ruled that the appeal was unfounded.

Click here for the judgement (in Dutch).