Moving towards a low-carbon society calls not only for technological innovation, but also for new modes of governance. However, the current legal framework of the electricity sector, and the modes of governance that it establishes, impede innovation in the sector. To overcome this obstacle, in 2015 the Dutch government adopted a Crown decree for experiments with decentralized renewable electricity generation (Experimentation Decree) with the aim to generate insights on how to adjust the legal framework. The question remains whether regulation is being adopted to real-life settings, i.e., which lessons can be learned from experimentally acquired results regarding new modes of governance for decentralized electricity systems? To answer this question we apply an interdisciplinary approach: we investigate which modes of governance are established in the Experimentation Decree (legal research) and which ones are implemented in nine projects (governance research). Under the Decree, associations have to carry out all tasks in the electricity supply chain and can engage in collective generation, peer-to-peer supply and system operation. Other modes of governance, new actors for emerging activities and consumer involvement are limited. We conclude that the Experimentation Decree is too restricted regarding new modes of governance for a decentralized electricity system in real-life settings.
Intersentia 151 * Lea Diestelmeier, LL.M. and Dirk Kuiken, LL.M. are Ph.D. researchers at the Groningen Centre of Energy Law, University of Groningen. Th e authors wish to express their gratitude to Prof Dr Martha M Roggenkamp and Prof Dr Hans Vedder for their valuable support in the writing of this chapter and to the Netherlands Organisation for Scientifi c Research (NWO) for enabling this research under the projects SmaRds (No 408-13-005) and DISPATCH (No 408-13-056), both part of the ' Uncertainty Reduction in Smart Energy Systems ' call. 1 Article 3(2) in conjunction with Annex I, A. Directive 2009/28/EC (OJ L140/16). Th e total share of renewable energy consumption in 2014 was 5.5 % ; European Commission, ' Renewable Energy Progress Report ' , Brussels, 1 February 2017, COM(2017) 57 fi nal. Th e share of renewable electricity consumption in 2014 was 9.98 % , see: http://statline.cbs.nl/ statweb/publication/?dm=slnl&pa=82610ned . 2 Th e transfer point is the physical point which separates the electricity network and the installation, see Begrippencode elektriciteit, Stcr. 2016, 21418 (Defi nition Code). For the latest version see: http://wetten.overheid.nl/BWBR0037938/ . 3 Small consumers are consumers having a connection of 3*80A or less. See Article 95a Elektriciteitswet 1998, Stb. 1998, 427 (Electricity Act). For the latest version, see: http:// wetten.overheid.nl/BWBR0009755/ .
Energy market liberalization in Europe started in the 1990s by giving consumers a choice of supply. The EU electricity market directive of 2019 reiterates the focus on consumers. It envisages that ‘citizens take ownership of the energy transition’ and participate actively in the market. At the same time, the directive aims at protecting vulnerable consumers and at mitigating energy poverty. Yet, it provides Member States with considerable freedom in defining these concepts. The directive suggests that small customers might develop into two categories—one which actively participates in the market and reaps market benefits, and one which is unable to do so and thus will remain vulnerable and at risk of falling into energy poverty. This chapter discusses whether this potential discrepancy and lacking common EU approach towards the concept of vulnerable customers and energy poverty could result in distributive and social energy injustice among small customers in the EU.
Achieving the EU policy goals of a secure, affordable, and sustainable electricity system available to all household customers requires the deployment of smart electricity systems (SES). In SES, all actors (eg consumer, producers, system operators) in the system are enabled to interact with each other by means of information and communication technology (ICT). From an infrastructural perspective SES can therefore also be described as electricity systems that are enhanced with communication systems. Both the electricity-and communication systems are subject to specific access conditions for household customers imposed by EU legislation. Whereas household customers have a clear right to access the electricity system, their right to access communication systems is limited. This article hypothesises that without the legal guarantees to ensure access for household customers to SES communication systems, the level playing field for household customers to participate in SES might be distorted. Therefore, this article addresses the following research question: what are the legal conditions for household customers to access SES communication services and what are their guaranteesfor accessing SES communication services? The article identifies four different options for household customers to access communication systems for SES under current EU legislation. Furthermore, it concludes that ensuring a level playing field for household customers to participate in SES requires EU and national policy makers to guarantee comparable conditions for household customers to access SES communication services. See European Commission, 'Delivering a New Deal for Energy Consumers' COM (2015) 339 final, 4. The objective is also reflected in the definition of smart grids in Regulation 2013/347, which defined smart grids as '[..] economically efficient and CORe 1|2017
Smart grids facilitate the coordination of connected system users' flexibility capacity via information and communication technology. Ideally, this would reduce the need for grid expansions, which may otherwise be necessary to accommodate increasing amounts of decentralised generation from renewable energy sources and support the increasing electrification of certain sectors (e.g. the transport sector). Smart grids are multifaceted systems and have a broad impact on the operation and use of the electricity system. This chapter focuses on the EU and identifies the main issues that must be addressed by a legal framework for smart grids in a liberalised electricity sector.
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