The Electricity Act
In eerste instantie lijkt het duidelijk. De Elektriciteitswet bepaalt immers (in artikel 23 lid 4) dat de netbeheerder eenieder moet aansluiten binnen 18 weken na aanvraag (als het gaat om een aansluiting van <10MVA). De werkelijkheid is jammer genoeg meer complex.
European jurisdiction
European case law has unfortunately created ambiguity about the status of this "18-week term. In short, it appears from a (European) directive that the legislator should not have included this deadline in the law. That task was reserved for the national regulator. In the Netherlands, that is the ACM. In other words: the ACM should have set this term - not the legislator.
Does that make the 18-week deadline non-binding and therefore "meaningless"? Many grid operators argue - not entirely surprisingly - that it is. But even this is less simple than it seems.
How does the national judiciary deal with this?
Dutch courts have had to deal with the status of this 18-week period on several occasions since then. The case law on this subject (with the exception of a single judge in summary proceedings) is reasonably clear. Judges have repeatedly ruled that this term is and remains a hard and compulsory term.
How does the ACM handle this?
Now that it appears that the connection term should have been set by the regulator, this gauntlet was also picked up by the ACM. In a decision dated June 8, 2023, the ACM set the deadline for small consumer connections (≤3x80 amps). This is 18 weeks for establishing a new connection and 12 weeks for work on existing connections (which does not require groundwork).
In this decision, the ACM did make an exception for cases where no transmission capacity is available (i.e., if there is physical grid congestion). In that case, the connection period is 52 weeks. The underlying idea is that network operators should not be unnecessarily burdened with connections for which no transmission is (yet) possible, but that small-scale consumers do have a right to some certainty and/or a deadline.
The new deadline(s) for large consumers (>3x80 amps) was set by the ACM on April 18. This is a "dynamic" deadline, depending, among other things, on implementation complexity and available labor capacity. These dynamic deadlines will take effect on January 1, 2025 . Until then, the 18-week deadline formally applies (also for wholesale users).
When does the connection period start?
The Electricity Act stipulates that the period begins after a request is submitted (Article 23(4)). The application (usually on mijnaansluiting.nl) therefore seems to determine the starting point. However, in Article 8.11(2) of the Electricity Grid Code, the ACM has determined that this period (for small consumers) starts after the offer (from the grid operator) is accepted. In contrast, the grid operator must provide a quotation within ten working days (Article 8.3 sub g. Grid Code Electricity).
In conclusion
There is (has been) much to do about the connection deadline and the last word on this has not yet been said. For small consumers, that deadline remains 18 weeks, as it does for large consumers until the end of this year. In reality, network operators - unfortunately - need longer. It is not unusual for connection deadlines of 92 (!) weeks to be communicated.
The motto to market parties therefore remains: apply as soon as possible and avoid disappointment. If necessary, the grid operator can be forced (by going to court) to comply with the connection obligation and deadline.
