NMa ruling: Recreation park operator requires energy license
Recreation park operators who make use of their own energy network require an energy license in order to supply gas/ electricity to home owners in the park. Thus ruled the Netherlands Competition Authority (NMa).
A number of bungalow owners had previously started an administrative appeal procedure against their park operator. They claimed that the energy infrastructure in place at the park cannot be qualified as an 'installation', but should be considered a 'network'. That would require the park operator to have a supply license. The NMa initially rejected an enforcement request.
However, during the administrative appeal procedure, the NMa ruled that the recreation park indeed operated a network, as third parties (bungalow owners) were connected also.
This means that, whenever more than one owner is active in a recreation park, a license is required in principle in order to supply energy. In exceptional circumstances only, a license is not required. To this end, a set of criteria based on the Gas Act and Electricity Act and applicable to the non-commercial supply to small users is in operation. In case of non-commercial supplies, no license is required.
Requirements to be fulfilled by the licensee
The NMa grants supply licenses in order to safeguard the reliability of providers active in the energy market. The Office of Energy Regulation (DTe) within the NMa is entrusted with granting, regulating and – if necessary – withdrawing energy supply licenses. The supply of electricity is subject to statutory requirements different from those valid for the supply of gas. Consequently, two separate licenses are required in order to supply both.
A supplier is obliged to organise energy supplies in a reliable way and set reasonable tariffs and conditions. Therefore, a supplier or future supplier must be able to prove that he has the required organisational, financial and technical qualities as part of license application procedures.
Recreation park operators who require further information, are advised to visit the NMa website.