02.04.2024 · Alert

ACM authorizes cable pooling for all installations (production, storage and consumer installations)

The Dutch Authority for Consumers & Markets (“ACM”) has announced its decision to authorize cable pooling for all types of installations (production, storage and consumer installations). This while currently not explicitly permitted by legislation. This announcement was made during the Energy Storage and Distribution congress held in Utrecht on 14 March 2024 by one of its directors, Manon Leijten. This decision aligns with the ACM’s objective to expedite the energy transition process and eliminate unnecessary obstacles in anticipation of legislation. The announcement is very welcome to the practice of project developers. For example there has already been a long lasting desire to enable the cable pooling by and between batteries and/or production installation.

Although this has not formally been confirmed yet, it is understood that the ACM will require the cable pooling to be reported to the ACM (similar to the “direct line”). Furthermore, it is assumed that (at least) the following conditions derived from draft legislation should be applied: (1) the facilities involved are situated in close proximity to each other; (2) the owners have collectively entered into connection- and transmission agreements with the electricity transmission- or distribution system operator; (3) the requested connection capacity exceeds a minimum threshold established by a General Administrative Order; (4) and the number of installations does not exceed a maximum set by a General Administrative Order. All in anticipation of the legislation actually entering into force. The aforementioned General Administrative Orders are yet to be published. However, despite that, the announcement gives at this moment a sufficient guide to start working on cable pooling in practice and to seek cooperation with the ACM in case of any uncertainties.

Should you have any questions, please contact one of our specialists. We would be delighted to be your legal partner.


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