DTe Underlines Procedural Rules for Bankruptcy of EnergyXS

Due to the responses of energy companies to the bankruptcy of EnergyXS in approaching former customers of EnergyXS, the Office for Energy Regulation (DTe) has once again provided clarity on the procedures which apply in such situations.

Grid managers are legally obliged to treat customer data as confidential. This means that the grid manager and the company which operates as the emergency supplier may exchange data subject to the condition that the emergency supplier will also treat these data as confidential. DTe takes reports on approaches made to former EnergyXS customers by various supply companies—which at present are acting as emergency supplier's—extremely seriously and is investigating whether their actions contravene the Electricity Act of 1998.

Energy companies may not put pressure on customers to switch to a new supplier on the basis of incorrect arguments. Customers may use the period of 10 working days to make the right choice and one which is responsible. On the basis of the Act, the grid manager is obliged to ensure that all former EnergyXS customers are supplied with electricity during this period. This obligation also applies if the processing of the switch to a new supplier exceeds the period of 10 working days.

At present, households are supplied at the regulated tariff for grey electricity via an emergency supplier. The temporary tariff for free customers must be based on the prices quoted on the Amsterdam Power Exchange (APX). This tariff is the average of the APX daily price for two weeks as of 19 August. A fixed amount for administrative charges may only be charged to free customers. DTe emphasises that this amount may not exceed an amount which is usual and reasonable in the sector. DTe will also monitor this.