Ireland Electricity Regulation Act 1999: Sections 35 & 36 Connection Charges

Key Takeaways

• Section 35 of the Electricity Regulation Act, 1999 mandates that the Board prepare a formal Statement of Charges for CRU approval.
• Encompasses both shallow grid connection charges and ongoing use-of-system (TUoS/DUoS) tariffs for solar generators.
• Empowers the Commission to issue binding directions governing charging methodologies and applicant information disclosure.
• Section 36 provides that no connection charge or tariff takes effect until formally approved by the CRU.
• Binds ESB Networks and EirGrid to levy exclusively approved fees, ensuring non-discriminatory grid access for renewable energy.

Statutory Purpose of Sections 35 and 36

Enacted under the ELECTRICITY REGULATION ACT, 1999 (Act No. 23 of 1999), Sections 35 and 36 establish the economic regulatory boundary separating monopoly network operators from competitive power generators.

By subjecting all connection costing models and network access tariffs to prior CRU review and approval, the statute prevents discriminatory or inflated grid connection quotations.

Statement of Charges & Tariff Structure Matrix

The CRU oversees grid connection economics across four statutory mechanisms:

Solar Developer Verification Checklist for Grid Quotations

To audit ESB Networks or EirGrid connection offers under Section 35 & 36:

1. Reconcile Against Approved Statement: Verify that all equipment itemizations (bays, circuit breakers, overhead lines) match current CRU-approved standard pricing schedules.
2. Verify Shallow Boundary Limits: Ensure contestable assets and shallow works are appropriately classified without unauthorized deep network upgrade charges.
3. Exercise Information Rights: Request detailed cost breakdowns under Section 35(3)(b) if utility quotation line items lack transparent engineering justification.