CBb confirms that Enexis rightfully imposed tariffs on USG

The Netherlands Authority for Consumers and Markets (ACM) has correctly established that, during the period between 1 January 2000 and 1 January 2008, system operator Enexis was allowed to impose connection tariffs and transmission tariffs on USG Industrial Utilities for its private grid, located on the Chemelot site in the Dutch town of Geleen. This was the conclusion of the Dutch Trade and Industry Appeals Tribunal (CBb) on 1 December 2016. As such, it has been established that system operators are allowed to impose tariffs on connections between two grids that have the same voltage level. In practice, this type of grid connection is very common.

At the time, USG argued that Enexis had no right to impose connection tariffs and transmission tariffs on USG, because, according to USG, this type of grid connection was not a grid connection within the meaning of the Dutch Electricity Act. USG submitted this opinion to ACM. However, ACM decided that Enexis rightfully imposed tariffs on USG, because USG’s private grid was indeed connected to Enexis’ public grid. ACM is of the opinion that grid connections with the same voltage level are indeed connections within the meaning of the Dutch Electricity Act. USG filed an appeal with the CBb against this decision. Eventually, the CBb established that ACM’s decision was correct, and that Enexis was indeed allowed to impose connection tariffs and transmission tariffs on USG.