ACM: Tergouw must get its bookkeeping in order, and comply with statutory requirements for system operators and suppliers
Summary
- ACM takes enforcement action against Park Residence Tergouw due to violations of the Dutch Electricity Act and the Dutch Gas Act.
- This enforcement action was prompted by complaints filed by residents at the park, who had expressed their concerns about the safety and reliability of their utility networks.
- ACM has decided to impose an order subject to periodic penalty payments of 300,000 euros, and can also impose a fine of 900,000 euros if the park fails to puts its affairs in order.
The Netherlands Authority for Consumers and Markets (ACM) has decided to take enforcement action against Park Residence Tergouw in the eastern Dutch town of Oosterhout (near the city of Nijmegen). This enforcement action was prompted by complaints filed by residents at the park about their electricity and natural-gas networks. Since its investigation revealed that Tergouw’s administrative system currently does not comply with the statutory requirements, ACM has decided to impose an order subject to periodic penalty payments of 300,000 euros. By order of ACM, Tergouw must separate its bookkeeping for natural gas and electricity from the rest of its administrative system. As such, it will become clear what residents pay for the operation of these networks. In addition, ACM has informed Tergouw by letter that it must also comply with all other requirements that apply to system operators and energy suppliers. If Tergouw fails to put its affairs in order, ACM can impose a fine of up to 900,000 euros.
ACM’s enforcement action was prompted by complaints filed by residents at the park, who have major concerns about the safety and reliability of their utility networks. Residents say that power disruptions occur regularly, and that it is often not possible to turn on multiple domestic appliances at the same time, such as washing machines and induction cooktops, due to the network’s limited capacity. ACM has also received reports about unsafe situations.
Residence Tergouw is a former holiday park, where the municipality of Overbetuwe allows permanent year-round living. Its electricity and natural-gas networks are not operated by the distribution system operator or DSO in that region (which is Liander in this case), but were built in the 1970s as ‘holiday park networks’. These utility networks are therefore not designed for the energy needs of today’s homes. Since people live permanently in this park, and since there are concerns about the networks’ safety, ACM has decided to take enforcement action, and has announced further enforcement actions against the local operator.
In a letter to the local operator, ACM stated that, in addition to bringing its administrative systems in order, Tergouw must also comply with all other requirements for system operators. Tergouw is responsible for the networks’ safety and reliability. Since Tergouw is also the energy supplier for the park’s residents, Tergouw must also comply with the statutory requirements for energy suppliers. Supplying natural gas and electricity to households and other small-scale users without an ACM license is prohibited.
Tergouw has until 15 March 2026 to comply with all statutory requirements. Tergouw can do so by complying with all the rules for energy suppliers and system operators. Alternatively, Tergouw can choose to allow Liander to build a new grid and natural-gas network on the premises of Park Residence Tergouw. If Tergouw fails to get its affairs in order, ACM can impose a fine of up to 900,000 euros.