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BESSContracts & Regulatory Overview (Part 1)

12 June 2025

Battery storage and grid access: regulatory and contractual developments

As the energy transition accelerates, the need for flexibility in the electricity system continues to grow. Battery Energy Storage Systems (BESS) are becoming increasingly important, yet the legal and regulatory framework governing their deployment remains complex and is evolving rapidly.

Key legal considerations for BESS operators

In this overview, we outline the most important legal and regulatory developments relevant to battery storage operators. We discuss the shifting rules around grid access in congested areas, the contractual relationship between BESS operators and grid operators, and the legal framework for participating in energy markets. The update also addresses new mechanisms under the upcoming Energy Act, including Closed Distribution Systems, direct lines, and cable pooling.

In addition, we explore how BESS can participate in balancing services such as FCR and mFRR, and the associated requirements from TenneT. We also highlight potential risks related to non-performance and the limited insurability of related penalties.

Full document

The complete overview, BESS Contracts & Regulatory Overview – Part 1 (June 2025),” is available for download .

Stay informed

Would you like to stay updated on legal developments in energy infrastructure and storage? Follow the LinkedIn page of Van Doorne’s Energy, Industry & Renewables team. For questions or more information, feel free to reach out to one of our specialists.

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BESSContracts & Regulatory Overview (Part 1)