The Council for Public Administration (ROB) conducted a study at the request of the Dutch House of Representatives, focusing on the democratic checks involved in the decision-making process for system operator tariffs and grid access rules. This study was initiated due to issues related to grid congestion and the prioritization framework used by the Netherlands Authority for Consumers and Markets (ACM).

According to the ROB, ACM holds exclusive authority to establish rules regarding grid access, prioritization, and tariffs. The study emphasizes that democratic oversight should occur primarily before decisions are made concerning the energy system and spatial planning.

Manon Leijten, a member of ACM's board, highlighted the importance of independent oversight and accountability to the Dutch House of Representatives. ACM supports the ROB's recommendations, which include the proposal to strengthen ACM's legal position by transforming it into a fully autonomous administrative authority under Dutch law.

Grid congestion poses significant societal challenges, affecting various sectors including businesses, schools, and emergency services. To address this, ACM has developed rules that allow system operators to prioritize sectors that contribute to major social objectives. Additionally, ACM sets tariffs based on the actual costs incurred by system operators, with an estimated investment of 235 billion euros needed over the next 15 years to upgrade the grid.

The ROB advises the Dutch House of Representatives to respect ACM's independent role and utilize its accountability mechanisms. This includes having ACM explain its decisions regarding grid capacity and informing the House about draft decisions that could significantly impact society. The ROB also recommends granting the responsible minister the authority to provide recommendations on important ACM decisions and suggests considering previous recommendations for strengthening ACM's legal status.