NMa: Tariff Code prevails in determining electricity transport tariff

The regional grid operator Continuon shall act in accordance with the Tariff Code when imposing electricity transport charges on the non-profit companies De Basis and Van Wijnen B.V., even though the connections concerned were realised prior to the effectuation of the Tariff Code (September 1999). This was decided by the Netherlands Competition Authority (NMa) in settling a dispute between Continuon and the two companies.

The network operator charges each party connected to its network with a tariff for electricity transmission. The Tariff Code sets out that the contracted transmission capacity (the capacity required, as estimated beforehand by a connected party, for a specific connection point) is most important in determining the categories linked to a particular tariff structure.

Continuon had based the tariff charged to both companies on the actual connection situation, on the premises that the contracts date back to before the effectuation of the Tariff Code. As a result, the network operator has wrongly judged the offices of De Basis (204kW) and Van Wijnen (180kW) to come under the Medium and Low Voltage category. Pursuant to the Tariff Code, they fall into the cheaper Medium Voltage category. Continuon is therefore under the obligation to impose a lower tariff.