Offshore Wind Worldwide 2022 edition - Flipbook - Page 176
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TenneT shall enter into a “Realisation
Agreement” and a “Connection and
Transmission Agreement” with the OWFs.
In the Realisation Agreement, the terms and
conditions governing the realisation of the
connection of the OWF to the Offshore
Transformation System are laid down. From
the day after the connection has been
realised, the Connection and Transmission
Agreement will govern the legal relationship
between the Parties with respect to the
connection.
B.Consequences of delays
and disruptions of the
grid connection system
According to Article 16f of the Dutch
Electricity Act, an OWF owner shall be
entitled to compensation for damage caused
by the TSO of the offshore grid if this TSO
produces all or part of the offshore grid
necessary to open up the OWF later than
scheduled.
There is also a right to compensation when
there is a disruption of the onshore grid
connection or an unavailability of the
network at sea. Consequently, it is important
to unambiguously mark this moment in
order to prevent unnecessary discussion
about the period for which damages can be
claimed.
Hogan
Lovells
Netherlands
C.Onshore grid congestions,
prioritisation of
renewable energy resources
and compensation mechanisms
First and foremost, the TSO has the legal
obligation to prevent transport shortage
within all reasonableness by adapting the
infrastructure to the transport needs.
Congestion management therefore only
applies in situations of transport shortage
that the network operator has not been able
to prevent. Congestion on a network or
network surface is of a temporary nature
because the TSO has the duty to resolve
situations of transport scarcity as quickly as
possible by making investments in transport
capacity.
However, if congestion occurs, the network
operator must give priority to the transport
of renewable electricity generated within a
congestion area. Justification for this
priority for sustainable
principle is found in Directive 2009/28/EC.
This Directive allows priority over both
access to the network and distribution and
transmission. The aim is to minimise
barriers to sustainably produced electricity.
In the Netherlands, the connection to the
grid for both sustainable and nonsustainable production installations is
already guaranteed.