Fourteen telecom, data center companies, and other interest groups in the Netherlands have initiated legal proceedings against the Netherlands Authority for Consumers & Markets (ACM) over an amendment to grid allocation rules.

In April, the ACM published a decision on prioritization space for transport requests as an amendment to the Electricity Network Code.

As part of the amendment, ACM set out a priority list for connections. Under the new rules, parties that alleviate grid congestion are given priority, followed by safety authorities such as emergency services, and parties that provide for basic needs.

KPN, VodafoneZiggo, and the Dutch Datacenter Association are among those contesting the ACM's decision. The case’s first hearing is set for next Wednesday.

Telecom and data center firms contend that they should have been included in the list as they provide services needed by the other sectors that were given priority.

Telecom providers KPN and Vodafone Ziggo argue they should be in the second category. A KPN statement contended, “If a telecom unexpectedly ends up without electricity, then that will disrupt society.”

“Many sectors that are included in category two depend on voice and data services to function and can therefore do little without telecommunications,” VodafoneZiggo added.

A spokesperson for ACM emphasized that they consulted the market extensively before drawing up the list.

Before the new rules, those who had been on the waiting list the longest were connected first. However, due to grid connection wait times increasing exponentially, the decision was made to prioritize institutions and companies with a social function.

Currently, the average wait time for companies seeking a grid connection in the Netherlands is up to ten years.

National grid operator TenneT announced recently that there was no more space on the grid in Waalhaven and Eemhaven. These issues are expected to persist into the 2030s.