Stek has assisted the grid operator Liander in a landmark dispute resolution procedure before the energy regulator Authority for Consumer and Markets (ACM) on the question when a grid operator may refuse the transport of electricity because it has reasonably no capacity available. By decision of 22 December 2020 ACM ruled that Liander had sufficiently demonstrated on the basis of its transport forecastst that it had insufficient capacity for the requested transport, that its ‘first come, first served’ policy was not discriminatory and that it acted in accordance with the rules on the necessity of a prior investigation into the possibility of congestion management.

Jan Erik Janssen: “The quick growth of solar capacity in particular has caused a shortage of transport capacity on the electricity grid. Clarity on the interpretation of the legal framework for the prevention, mitigation and allocation of that scarcity is important for all stakeholders. In 2020 we were priviliged to assist network operator Enexis in achieving a landmark appeal judgement in the so-called Pottendijk case, inter alia on the lawfulness of the ‘first come, first served’ policy. We are happy that we could also assist Liander in obtaining an answer from the regulator to the question when a grid operator may invoke the statutory refusal ground and what needs to be done and demonstrated for that. The judgement in the Pottendijk case and the new dispute resolution decision of ACM give the sector useful guidance for dealing with this issue that is important for the energy transition”.

Please click here for our news release on the appeal judgement in the Pottendijk case, here for the press release of ACM on the dispute resolution decision of 22 December 2020 (in Dutch) and here for the press release of Liander (in Dutch).