ACM welcomes opinions about its new draft decision on opportunities for prioritization of projects that contribute to major social objectives in getting connected to the grid
Summary
- ACM invites stakeholders to submit within 6 weeks their opinions about the new prioritization framework in the draft decision.
- The prioritization framework ensures that system operators are able to continue to prioritize projects that contribute to major social objectives such as schools and hospitals.
- ACM will process all opinions, and will publish the definitive decision in December 2025.
The Netherlands Authority for Consumers and Markets (ACM) believes it is important that system operators are able to continue to prioritize projects with major social objectives: projects such as schools, hospitals, and police stations can be given priority in getting connected to the grid. That is why ACM has created a new draft decision that is in line with the ruling issued by the highest administrative-law court in the Netherlands. The court ruled that ACM is allowed to draft a framework, but that it must better substantiate the choices it made. Starting today, anyone can submit their opinions about the new prioritization framework laid down in the draft decision. The new prioritization framework will go into effect on January 1, 2026. Until then, the current framework will remain in effect.
Manon Leijten, Member of the Board of ACM, adds: “In order to make sure that system operators are able to continue to prioritize important projects that contribute to major social objectives, we started drafting a new prioritization framework right after the ruling by the Dutch Trade and Industry Appeals Tribunal (CBb). We would like to hear from stakeholders what they think of the new framework, so that we can incorporate those opinions into the definitive decision.”
There are many areas in the Netherlands where there is currently insufficient grid capacity to fully meet demand for transport capacity. As a result, waiting lists have emerged for access to the grid. Previously, a spot on the waiting list was only determined by the moment upon which access was requested: first come, first served. In order to give system operators the ability to prioritize projects that contribute to social objectives, ACM established a prioritization framework in 2024. On March 11, 2025, the CBb ruled that ACM must hand down a new decision on this prioritization framework.
The new prioritization framework contains the same three categories of projects that are prioritized. Like in the current framework, the category “congestion softeners” will be given the highest priority in the new framework, because these ensure that everyone will have more grid capacity. The next category that will be given priority is the “security” category. This category contains projects that contribute to national security, such as police stations, hospitals, and projects for water safety. The third category is “basic needs,” such as residential construction, education, and public transport.
For the security and basic-needs categories, ACM re-evaluated all sectors and functions. In order to determine whether a sector is eligible for priority, ACM created evaluation criteria. ACM also asked the Minister of Climate Policy and Green Growth (KGG) for advice about this. A number of new functions were added to both categories. In the security category, these new functions are, for example, companies that are active in the field of very sensitive technologies, power grids, alarm services and alert services, and secured communication channels such as 112 and C2000, and traffic safety. The “basic needs” category has been expanded with collective housing and public transport, for example.
In addition, ACM is considering introducing a hardship clause. This clause offers the ability, in exceptional cases, to prioritize a specific market participant if that is necessary from the perspective of national or regional public interest. For example, extra electricity for safeguarding water safety can, in specific cases, be of greater importance than electricity for other market participants in the security category.
The CBb has given ACM until January 1, 2026 to create a new framework. That period is short. ACM therefore asks stakeholders to submit their opinions about the draft decision within 6 weeks. In this way, ACM will be able to take the opinions into consideration properly when drawing up the definitive decision. ACM has also added three consultation questions to the draft decision. ACM will study all opinions as well as all and answers to the questions, and will take these into consideration when drawing up the definitive decision. ACM will publish this definitive decision in December 2025.