Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 174
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5. GRID AND GRID
CONNECTION
5.1 Planning and construction
of the grid connection system
Based on the Electricity Act, the Dutch
government appointed the company TenneT as onshore and offshore transmission
system operator ("TSO"). TenneT designs,
constructs, and operates the onshore grid
connection. The planning and co-ordination
of the projects takes place according to the
National Coordination Plan ("Rijkscoördinatieregeling"), on the basis of which the
Dutch government can co-ordinate decision-making on projects of national interest.
Energy infrastructure projects that are of
national importance are co-ordinated by the
Minister.
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.
5.2 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.
Netherlands
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.
5.3 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 non-sustainable production installations is already
guaranteed.
