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ACM takes action against heat suppliers that failed to publish their records of disruptions properly or failed to do so at all

The Netherlands Authority for Consumers and Markets (ACM) has imposed orders subject to periodic penalty payments on two heat suppliers for having failed to publish their annual records of disruptions. Heat suppliers are required to publish information about disruptions so that customers are able to check whether they are entitled to disruption compensation. Heat suppliers can meet this requirement by publishing their records of disruptions either on their websites or in a portal that users have access to. The two companies must publish their records of disruptions over 2020 within eight weeks. If they fail to do so, they will have pay periodic penalty payments of 1,800 euros/week and 3,400 euros/week respectively.

In 2020, ACM launched an enquiry into the publication of these records of disruptions. The enquiry revealed that the majority of all heat suppliers that were examined did not publish those records or that they published records of disruptions that did not comply with all requirements. That is why ACM expressly urged these companies to get their registration systems in order. This year, ACM carried out a follow-up check among these companies, and it called on heat suppliers that had not yet published their records of disruptions to do so still. Two companies have so far failed to answer this call. That is why ACM decided to impose orders subject to periodic penalty payments on these two companies. In addition, ACM sent out letters to heat suppliers that did publish disruption information, but which ACM found to be incomplete. In this letter, ACM exactly explains to suppliers what parts they still need to adjust. If companies fail to do so, ACM can still decide to take enforcement action.

ACM finds it important that disruption registration systems are easy-to-understand and clear to users, and that users can easily access them. Heat consumers must be able to see in a simple manner whether they are entitled to disruption compensation. Heat customers are entitled to compensation for disruptions that last over 8 hours. Heat suppliers must award compensations within 6 months after solving the disruption. Customers should not have to file a request for compensation.

If a disruption lasts over 8 hours, heat suppliers must publish at least the following information:

  • The date and time of when the disruption started;
  • The duration of the disruption;
  • The heat network or project where the disruption occurred;
  • The number of affected users.

With regard to disruptions lasting less than 8 hours, heat suppliers must disclose, in any case, how many of such disruptions have occurred, and what the average duration of those disruptions was.

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