Energy Act for large consumers: connection, transport and congestion

Under the Energy Act (Energiewet), which replaced the Electricity Act 1998 and the Gas Act on 1 January 2026, a network operator must still offer you a connection and transport on request. The key exception: it may refuse for as long as there is demonstrably insufficient transport capacity, but it must then take appropriate measures, including grid expansion, to make an offer as soon as possible (Articles 3.38 and 3.46 Energy Act).

For industrial large consumers, data centres, greenhouse growers and project developers, the legal question therefore shifts from whether there is a right to connection to how scarce capacity is allocated and whether the operator applies the rules correctly. This article explains the rules on connection, transport, congestion management, new roles and data, and what large consumers should check. For the full overview of the new act, see our article on the Dutch Energy Act.

Does the network operator still have to connect you?

Yes. Under Article 3.38(1) of the Energy Act, a transmission or distribution system operator for electricity must, on request, make an offer for a new or changed connection at a suitable point and voltage level. It must make that offer within a reasonable period and realise the connection within a reasonable period after acceptance (Article 3.38(2)).

The operator may refuse an offer if and for as long as there is insufficient transport capacity for the requested connection (Article 3.38(3)). It must then take appropriate measures, including the necessary expansion investments, to make an offer as soon as possible. We wrote earlier about when a network operator may refuse your connection.

What information must the operator give you?

The methods and conditions approved by the Netherlands Authority for Consumers and Markets (ACM) must set out how the operator determines and substantiates that capacity is insufficient (Article 3.38(5)). They must also regulate what information the operator gives about its expansion measures and about reasonably available alternatives to the requested connection.

For a connection of at least 2.3 MVA, you can also ask the operator to couple a cable that you lay yourself, provided it meets the operator’s technical requirements set in advance (Article 3.39 Energy Act). This can shorten the lead time.

What changes for transport?

The operator must, on request, offer to transport electricity over its grid (Article 3.46(1) Energy Act). It may only refuse if and for as long as there is demonstrably insufficient capacity, based on objective and technical criteria, and must take appropriate measures to make an offer as soon as possible (Article 3.46(2)).

The methods and conditions must also regulate transport offers to several connected parties jointly (Article 3.46(3)(a)), which is the legal basis for sharing capacity, for example through a group transport agreement. Alongside firm transport, operators offer alternative transport rights in which transport can be limited at set times in exchange for a lower tariff or earlier access. A business that can make its process flexible may obtain capacity sooner, but these contracts require sharp arrangements on availability, compensation and the operational effects of curtailment.

What does congestion management mean for you?

Congestion management is the set of procedures that prevent congestion and the measures that resolve it (Article 1.1 Energy Act). Network operators must buy congestion management services through transparent, non-discriminatory and market-based procedures open to all eligible market participants (Article 3.29(1)), unless the ACM grants an exemption.

The detailed rules, including when connected parties must offer flexibility and how they are paid, are in the methods and conditions approved by the ACM under Articles 3.119-3.121. A large consumer with controllable capacity can turn flexibility into revenue, but may also face obligations. We described the system in our article on congestion management: rights, obligations and remedies.

Which new roles can a large consumer take on?

A business can act as an active customer (actieve afnemer): a final customer that consumes or stores self-generated or shared electricity, sells or shares it, or uses flexibility services, provided those activities are not its main commercial activity (Article 1.1 Energy Act). An aggregator can combine demand response or electricity fed in by several active customers for resale.

An active customer may share energy if it concludes an energy sharing agreement with a supplier that offers this, each participant has a supply or feed-in agreement with that supplier and a meter with an active communication function, and the electricity is shared per imbalance settlement period (Article 2.30 Energy Act).

Cable pooling and shared connections make better use of scarce capacity, for example by combining solar, wind and batteries behind one connection. Such structures require a legal set-up that settles who the connected party is, who bears the balancing risk, how costs and revenues are shared and what happens in case of congestion.

Which obligations come with this?

The Energy Act sets more extensive rules on metering and data exchange. A connected party must have a compliant metering installation at each transfer point (Article 2.46), and a party with a large connection must ensure that a metering responsible party is active on its connection (Article 2.47(2)), and network operators jointly set up a data exchange entity (gegevensuitwisselingsentiteit) that handles the exchange of energy data (Article 4.15).

A party that does not comply with obligations under the act or the methods and conditions risks enforcement by the ACM. Conversely, a connected party that disagrees with how an operator exercises its tasks can file a complaint with the ACM, which must decide within two months, extendable by two months; that decision is binding (Article 5.4 Energy Act).

What should you check as a large consumer?

• Have you received a substantiated refusal, including information on expansion measures and alternatives (Article 3.38(5) Energy Act)?
• Do your connection and transport agreements still refer to the Electricity Act 1998, the Gas Act or the old codes?
• Can you make your process flexible, and would an alternative or group transport agreement give you capacity sooner?
• Have you mapped your controllable capacity before the operator asks for it in congestion management?
• Is a metering responsible party active on your large connection?
• For cable pooling or energy sharing: is it settled who the connected party is and who bears balancing risk and costs?

What should you check as a network or private grid operator?

• Do you substantiate capacity refusals with objective and technical criteria, as Articles 3.38 and 3.46 require?
• Do you give requesters the required information on expansion measures and alternatives?
• Do your contracts and procedures follow the methods and conditions approved by the ACM?
• For a closed distribution system: has the ACM recognised the system under Article 3.7 Energy Act?

What can we do for you with the Energy Act?

Our energy lawyers advise large consumers, producers and operators on connection and transport. We can:

• review your connection, transport and flexibility agreements against the Energy Act and the methods and conditions;
• assess whether a refusal of connection or transport is properly substantiated;
• file a complaint with the ACM under Article 5.4 Energy Act and conduct the procedure;
• structure cable pooling, a shared connection or energy sharing, including the contracts between participants;
• negotiate alternative transport rights and congestion management contracts with the network operator.

Read more about our work in energy law for businesses.

Summary

• The Energy Act replaced the Electricity Act 1998 and the Gas Act on 1 January 2026.
• The operator must offer connection and transport, but may refuse for as long as capacity is demonstrably insufficient; it must then expand as soon as possible.
• Capacity scarcity is managed through methods and conditions approved by the ACM, including congestion management and alternative transport rights.
• Active customers can generate, store, share and offer flexibility, provided this is not their main commercial activity.
• Disputes with an operator can be brought before the ACM, which decides within two months (extendable by two).

Frequently asked questions