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Stek victorious for USG before ACM in dispute with TenneT

Lawyers:
Jan Erik Janssen
Patou Courtens

Stek has successfully represented Utility Support Group (USG) B.V. (“USG”), the utility joint venture for the Chemelot chemical industry cluster, in a dispute resolution procedure before the Authority for Consumers and Markets (“ACM”), the national regulatory authority in the Netherlands under the internal market directives for energy. USG had submitted a complaint against TenneT TSO B.V. (“TenneT”), the transmission system operator, in which it argued that TenneT should not have rejected to take over and operate the 150 kV infrastructure of USG on the Chemelot site as part of its national transmission system.

By decision of 29 October 2020 ACM sided with USG and upheld its complaint, forcing TenneT to enter into the transaction desired by USG. Please click here for the ACM press release and decision (in Dutch).