NMa gives Dutch transmission grid operator TenneT binding instructions

Dutch transmission grid operator TenneT TSO (TenneT) is not allowed to charge electricity producers a system services tariff for electricity consumption of consumers that are not directly connected to TenneT's grid and that are clearly distinguishable from these producers. However, TenneT is naturally allowed to charge electricity producers that are connected to TenneT's grid a system services tariff for their own consumption. This has been laid down in two bindings instructions that the Netherlands Competition Authority (NMa) has given TenneT.

These instructions have been issued at the request of electricity producers Delesto and Salinco, which produce electricity through cogeneration installations and that are connected to TenneT's grid. Connected to the electrical system of Delesto and Salinco are other undertakings that consume electricity, despite not having a direct connection to TenneT's grid themselves. Both producers argue that TenneT is not allowed to charge them a system services tariff, because they only produce electricity. Their argument is based on a ruling, dated July 25 2007, of the Dutch Industry and Appeals Tribunal (CBb) in a dispute between Dutch energy company Elsta and Dutch regional grid operator Delta Netwerkbedrijf. The NMa applies the CBb ruling to the requests of Delesto and Salinco and partially fulfills these requests. However, the NMa stopped short of ruling on TenneT's question whether TenneT is allowed to charge consumers that do not have a direct connection to TenneT's grid a system services tariff for their consumption.

TenneT carries out system services in order to prevent, among other things, large-scale disruptions in the transmission of electricity from occurring, and in order to maintain the energy balance on all grids in the Netherlands. All costs that TenneT incurs for carrying out these system services are covered by the system services tariff.