In a ruling handed down on Wednesday 25 September (Case T-483/21), the General Court of the European Union has upheld a December 2020 decision by the Agency for the Cooperation of Energy Regulators (ACER) to introduce the ROSC methodology designed to coordinate the operational security of regional electricity networks.
The Polish electricity network operator was contesting ACER’s decision, considering the European authority’s decision to include in the methodology all remedial actions able to relieve congestion on all network elements with a voltage higher than 220 kV to be too broad. It considers that it is unable to exercise its operational security powers independently.
The General Court dismissed the action. In its view, ACER was competent to take a final decision, even if it amended the prior proposal submitted to it by the national network and transmission operators. In addition, the methodology complies with the applicable legal framework, namely the regulation (2019/943) on the internal market for electricity and the regulation (2017/1485) establishing a guideline on electricity transmission system operation, and does not deprive system operators of their ability to manage electricity flows or ensure security on their networks.
See the General Court’s judgment: https://aeur.eu/f/dki (Original version in French by Mathieu Bion)