ការតភ្ជាប់បណ្តាញអគ្គិសនីត្រូវបានបដិសេធ៖ ជម្រើសផ្នែកច្បាប់របស់អ្នកក្រោម Energiewet

A Dutch network operator may only refuse a grid connection or transport on the grounds the Energy Act (Energiewet) allows, and it must substantiate them. Since 1 January 2026, an operator may refuse to make a connection offer, or a transport offer, if there is demonstrably insufficient transport capacity, but it must then take appropriate measures, including grid investments, to make an offer as soon as possible (Articles 3.38 and 3.46 Energiewet). You can challenge a refusal with the Authority for Consumers and Markets (ACM), which decides within two months (Article 5.4 Energiewet), or in the civil courts.

This article covers the legal framework, the lawful grounds for refusal, connection periods, congestion instruments and the steps after a refusal. It is written for businesses and project developers, but the connection duty applies to households as well.

Which rules apply since the Energiewet?

The Energiewet entered into force on 1 January 2026 and replaced the Electricity Act 1998 (Elektriciteitswet 1998) and the Gas Act (Gaswet). It sets two separate duties for an electricity network operator: to make an offer for a connection (Article 3.38) and to make an offer for transport (Article 3.46).

The practical rules are in the codes set by the ACM, in particular the Electricity System Code 2026 (Systeemcode elektriciteit 2026). It contains, among other things, the connection periods (Chapter 8) and the rules on congestion management (Chapter 9). If a refusal letter still refers to the old Grid Code (Netcode elektriciteit), check whether the operator applies the current text. Our overview of ច្បាប់ថាមពលហូឡង់ និងរបស់យើង សន្ទស្សន៍នៃការណែនាំអំពីច្បាប់ថាមពល ដាក់ឧបករណ៍ទាំងនេះនៅក្នុងបរិបទ។

Is a connection the same as transport?

No. The connection is the physical link between your installation and the grid; transport is the right to actually move electricity over that grid in the volume and at the times you need. They are offered, refused and challenged separately.

Under Article 3.38(3) Energiewet, the operator may refuse a connection offer if, and for as long as, there is insufficient transport capacity for the requested connection. Under Article 3.46(2), it may refuse a transport offer if there is demonstrably insufficient capacity on objective and technical criteria. In both cases it must take appropriate measures to make an offer as soon as possible. If the letter is unclear, ask the operator in writing to state separately whether it refuses the connection, the transport, or both, and on which ground.

When is a refusal lawful?

A refusal is only lawful on a ground the Energiewet or the codes allow, and the operator must substantiate it. It may not refuse for commercial preference or because it considers another project more attractive.

• Insufficient transport capacity (congestion): the most common ground. The codes prescribe how the operator determines and substantiates the shortage and what information it gives you (Articles 3.38(5) and 3.46(3) Energiewet). Before refusing transport in a congested area, the operator must examine whether congestion management can create room (Chapter 9 Systeemcode elektriciteit 2026). A refusal that only states that “the region is full” is vulnerable.
• Technical or safety objections: the installation does not meet the code requirements, or connecting it as proposed would endanger people, property or grid stability. The operator must name the specific requirement that is not met.
• An incomplete request: missing technical specifications, load or generation profile, location details or permits. A complete first submission avoids delay.

A refusal is not a reason for the operator to stop investing: Article 3.38(3) Energiewet explicitly requires it to take measures, including expansion investments. Nor may it treat comparable applicants unequally outside the prioritisation rules the ACM has set.

How long may a connection take?

The operator must make an offer and realise the connection within a reasonable period (Article 3.38(2) Energiewet). The ACM sets the concrete periods in the code.

For a large connection with a capacity of up to 10 MVA on a distribution grid, Article 8.19 Systeemcode elektriciteit 2026 sets a maximum period after receipt of the signed offer:

• 26 weeks for low complexity;
• 52 weeks for medium complexity;
• a period set by the operator for high complexity, which it must show cannot reasonably be shorter.

Each period may be extended by the dynamic regional waiting time, which the operator calculates every quarter and publishes on its website (Article 8.18 Systeemcode). Separate periods apply to small connections. Older guidance that treats eighteen weeks as a fixed statutory deadline for every connection is outdated.

An exceeded period is a breach of the code and a basis for a complaint and, where loss follows, a claim. It is not an automatic right to damages: you must prove the loss and the causal link, and the operator will invoke the exceptions.

Which instruments create room on a congested grid?

In a congestion area, operators must apply congestion management: they pay connected parties to reduce or shift consumption or feed-in at peak moments (Article 9.13 Systeemcode elektriciteit 2026). The results of the congestion study are published, so you can read the operator’s own reasoning before you challenge it.

First come, first served is no longer the only rule. Under the ACM’s prioritisation framework, operators may give priority to projects that relieve congestion and to projects with a societal function, such as healthcare, education and safety. Ask for priority if your project fits, and question a competitor’s unexplained jump in the queue.

Contractual instruments can also create room within the existing grid:

• a capacity restriction contract, in which you are paid to reduce offtake or feed-in at defined moments;
• non-firm transport, which can be curtailed when the grid is under strain, in exchange for faster access;
• group transport, in which several connected parties share capacity (Article 3.46(3)(a) Energiewet);
• time-bound transport rights limited to specified hours.

Check each instrument against your កិច្ចព្រមព្រៀងទិញថាមពល and supply contracts before signing. ការផ្ទុកថាមពល can make a project connectable by reducing its peak, and where several users share a site, a closed distribution system under the Energiewet may be an alternative to individual connections.

What should you do in the first weeks after a refusal?

Get the decision in writing and protect your position in the queue. The date of a complete request usually determines your place, so do not withdraw or resubmit the application without first asking what that does to the date.

1. Ask the operator to state which duty it refuses (connection, transport or both), on which ground, and with reference to the provision of the Energiewet or the code.
2. Ask for the underlying material: the congestion study, the capacity assessment for your connection point and the alternatives considered.
3. Ask whether a reduced or phased capacity can be accepted while the original request stands.
4. Send a substantiated written complaint to the operator with a reasonable response period, for example four weeks.
5. Check your construction contracts, lease, subsidy conditions and offtake agreements for deadlines that depend on the connection.

Confirm every material phone call by email the same day, and keep a dated file of all correspondence and the costs the delay causes.

How do you bring the dispute to the ACM?

Under Article 5.4 Energiewet, a party with a dispute about how a system operator performs its statutory tasks and obligations can file a complaint with the ACM. The ACM decides within two months, extendable by two months if it asks for further information, or longer with the complainant’s consent.

The ACM’s decision is binding (Article 5.4(3) Energiewet). A complaint that names the specific statutory or code provision the operator has breached gets more traction than a general grievance about service. The decision is an administrative decision, so objection and appeal follow; appeals in this field go to the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb). See our page on ប្តឹងឧទ្ធរណ៍ការសម្រេចចិត្ត.

Filing with the ACM does not affect your other remedies (Article 5.4(4) Energiewet). Consumers can also take a dispute with an operator to the Energy Disputes Committee (Geschillencommissie Energie).

តើពេលណាអ្នកទៅតុលាការស៊ីវិល?

The civil court can order the operator to perform and award damages; it is the only route to money. In urgent cases, preliminary relief proceedings (kort geding) can produce an order within weeks.

A claim based on an exceeded code period, a missing congestion study or unequal treatment is much stronger than one based on frustration with the wait. For damages you must prove the breach, the loss and the causal link. Typical heads of loss are lost revenue during the delay, the cost of temporary solutions such as generators, a lapsed subsidy, and extra financing costs. Our page on វិវាទ​នៅ​ហូឡង់ explains how such a claim proceeds.

How do you reduce the risk before applying?

Ask the operator for the available capacity at the intended connection point before you buy the site or sign the lease. Make that answer a condition of the transaction.

Apply as early as the project allows and submit a complete request: load and generation profiles, equipment specifications, phasing and permits. Consider whether you need firm capacity for the full volume from day one, or whether a phased request, non-firm transport or storage lets you start earlier. Build realistic connection dates and delay clauses into your contracts; see our article on គម្រោងថាមពលពន្លឺព្រះអាទិត្យ.

What should you check after a refusal?

• Does the letter state separately whether the connection, the transport or both are refused, and under Article 3.38 or 3.46 Energiewet?
• Is the capacity shortage substantiated with a congestion study and the method the code prescribes?
• Has the operator examined congestion management and offered alternatives such as non-firm or group transport?
• Which period of Article 8.19 Systeemcode applies to your connection, and has it been exceeded?
• Is your request complete, and is your queue position secured?
• Which contract or subsidy deadlines depend on the connection date?

What can we do for you with a refused grid connection?

របស់​យើង មេធាវីថាមពល act for businesses, developers and housing organisations in connection and transport disputes.

• We assess whether the refusal meets Articles 3.38 and 3.46 Energiewet and the Systeemcode elektriciteit 2026.
• We request the congestion study and capacity assessment and analyse the operator’s reasoning.
• We draft the complaint to the operator and the dispute filing with the ACM under Article 5.4 Energiewet.
• We conduct objection and appeal proceedings and preliminary relief proceedings for performance.
• We review capacity restriction, non-firm and group transport contracts before you sign.
• We calculate and claim damages caused by an unlawful delay.

សេចក្តីសង្ខេប

• The Energiewet has applied since 1 January 2026; connection (Article 3.38) and transport (Article 3.46) are separate duties.
• Insufficient transport capacity can justify refusing a connection or transport offer, but the operator must substantiate it and take measures to make an offer as soon as possible.
• For large connections up to 10 MVA, the code sets 26 or 52 weeks, or a substantiated longer period, plus any regional waiting time.
• The ACM decides disputes within two months (Article 5.4 Energiewet); the civil court can order performance and award damages.

សំណួរ​ដែលគេ​ច្រើន​សួរ