What are the legal obligations of network operators?
| Requirement | Legal basis | What this means in practice |
|---|---|---|
| Mandatory connection | Electricity Act of 1998, Section 23 | Every applicant must be connected, but no deadline has been set |
| Requirement to disclose wait times | Congestion Management Decision | The network operator must publish current wait times by area |
| Offer an alternative in case of congestion | Electricity Network Code, Article 4 | In the event of congestion, an interruptible or flexible connection must be offered as an alternative |
| Implement congestion management | Electricity Act of 1998, Section 24a | The grid operator must implement congestion management before the waiting list grows further |
| Non-discrimination | Electricity Act of 1998, Section 17 | Equal treatment of comparable applicants |
What should a business NOT expect from the grid operator?
- A guaranteed connection timeline: there is no set deadline for the connection obligation. A five-year wait is legally permitted if the grid operator can demonstrate that no capacity is available and that they are working on expanding capacity as quickly as is reasonable.
- Priority based on economic urgency: You cannot demand that your connection be prioritized simply because your business has a long wait time. There is a waiting list, and it follows chronological order (with the exception of NOVA urgency declarations for socially critical infrastructure).
- Business advice on energy strategy: The grid operator is a grid infrastructure provider, not an energy consultant. They do not advise you on how to avoid congestion through battery storage or other measures.
- Flexibility regarding the contracted connection capacity: once contractually agreed upon, your connection capacity is binding for both parties. Increasing it requires a new application and involves a waiting period.
How do you build a productive relationship with your utility provider?
Despite the limitations, maintaining an active relationship with your network operator is valuable. The following approach works best:
1. Start the application process early
Your position on the waiting list is determined by the date of your application, not the date of your planned connection. Submit an application as soon as you are seriously considering an expansion—even if you’re not yet sure whether or when it will happen. Canceling an application is free; applying too late could set you back years.
2. Be proactive in communicating your flexibility
Utility companies are actively seeking customers who want to help address congestion issues. If you can demonstrate that you are installing a battery system and thereby reducing your peak load, you’ll make yourself a more attractive partner. In some cases, this can lead to an interruptible connection, which is available more quickly than a fixed connection.
3. Follow the congestion planning calendar
Grid operators publish multi-year plans for grid expansion. By following these plans, you can anticipate when congestion in your region is likely to be resolved and align your own investment planning accordingly.
4. Participate in congestion management programs
If you already have a sufficiently large connection and a battery system, you can actively participate in congestion management. This not only generates additional income but also strengthens your relationship with the grid operator as a constructive partner.
What are your rights if the grid operator fails to meet its obligations?
If you believe that the network operator is not fulfilling its legal obligations, you have the following options:
- Submit a complaint directly to the network operator through their formal complaint procedure.
- File a complaint with the ACM (Netherlands Authority for Consumers and Markets), which serves as the regulator for network operators. The ACM can take enforcement action in cases of non-compliance with legal obligations.
- Civil litigation if you have suffered demonstrable damages due to negligence. Please note: this is a lengthy and costly process with an uncertain outcome.
- Industry associations: Many industry groups (VNO-NCW, sector federations) engage in collective negotiations with network operators. This is often more effective than filing individual objections.
Frequently Asked Questions About the Grid Operator and Congestion
What rights do I have as a business in the event of network congestion?
You are entitled to fair treatment in accordance with the waiting list, transparency regarding the expected wait time, the offer of an alternative such as an interruptible connection, and access to congestion management programs if you are located in a congestion area.
Can I have my connection request processed on a priority basis?
Only in the case of a formal NOVA declaration of urgency for socially critical infrastructure (hospitals, vital public infrastructure). For commercial enterprises, priority based on economic urgency is not legally enforceable.
What is the difference between Liander, Enexis, and Stedin?
All three are regional distribution system operators (DSOs) responsible for the medium- and low-voltage grid in their respective service areas. Liander manages North Holland, Gelderland, and part of Friesland. Enexis manages the north, east, and southeast. Stedin manages South Holland, Zeeland, and Utrecht. The rules are largely identical; implementation and service levels may vary slightly.