The legal regime of access to energy infrastructure
Access to energy infrastructure in Georgia is regulated by the law on energy, which establishes unified principles for third-party access to networks. System operators are obliged to ensure non-discriminatory and unrestricted access of users to the electricity and natural gas transmission and distribution systems, while access fees are set by the commission according to the relevant methodology. If your enterprise plans to connect to a network, to transmit energy or to build its own direct line, it is precisely these norms that determine your rights in relations with operators.
Third-party access to the electricity transmission system
The transmission system operator ensures non-discriminatory and unrestricted access of users to the transmission system in compliance with the requirements of the electricity transmission network rules. The offer of the same service to different users must be made on equal contractual terms, using the harmonized transmission service agreement or in accordance with the network rules. The law does not prevent the conclusion of long-term agreements, provided they comply with the competition rules established by the legislation of Georgia and of the Energy Community. The operator publishes on its website the access procedure, rules and conditions, including the requirements established by the network rules and the fees determined by the commission, as well as the technical and quantitative data that must be updated regularly.
In the case provided for by a legal act of the commission, a service related to third-party access may be provided to a user only after the presentation of an appropriate financial guarantee. Such a guarantee must be provided for in the standard terms of the agreement, must be non-discriminatory, transparent and proportionate, and must not create an unjustified barrier to market entry. The operator may have access to the networks of neighbouring countries' transmission system operators for cross-border transmission, and in dispatching, priority is given to objects producing energy from renewable sources.
Connection of devices and access to gas networks
The transmission system operator ensures the connection of electricity devices to the transmission network in accordance with the network rules, and the connection fee is set by the commission based on calculations carried out on the basis of its methodology. The same principle of non-discriminatory and unrestricted access extends to the natural gas transmission system and the distribution system: access fees for these networks are based on the tariff calculated and set by the commission according to the relevant methodology. This means that the possibility of refusing a user access to a network exists for the operator only in the cases provided for by the rules, and not at its own discretion.
Direct lines
The law defines the cases where the construction of a direct electricity or natural gas line is permissible. This is possible if an electricity producer and a consumer intend to conclude an electricity supply agreement but could not obtain access to the transmission or distribution network; or if a natural gas enterprise and a consumer intend to conclude a gas supply agreement but could not obtain access to the gas networks. A direct line is thus regarded as the alternative response to a refusal of network access, and the right to build it exists precisely for these two purposes.
What a user should know
A person wishing to use the infrastructure should first study the access procedure and conditions published on the operator's website, since they form the basis for formalizing the application. Second, the possibility of a financial guarantee requirement and its proportionality should be assessed in advance — creating an unjustified barrier to market entry is impermissible under the law. Third, if access to the network cannot be achieved, the way out may be the construction of a direct line — the law opens this path for the relationship between a producer and a consumer.
Frequently Asked Questions
Who ensures access to the transmission system?
The transmission system operator, in compliance with the transmission network rules — non-discriminatorily and without restriction for the user; the access fee is calculated and set by the commission under the relevant methodology. The same principle applies to natural gas transmission and to the distribution system.
What information does the operator publish?
On its website the operator publishes the access procedure, rules and conditions, including the requirements of the network rules and the fees determined by the commission, as well as the technical and quantitative data needed for access, updated regularly.
When may a direct line be built?
Where an electricity producer and a consumer intend to conclude a supply contract but have failed to obtain access to the transmission or distribution network; for natural gas — analogously, between an enterprise and a consumer.
May priority be given to renewable generation?
Yes — in dispatching generation objects the operator may, under the procedure established by legislation, give priority to objects producing energy from renewable sources or other encouraged generation objects.
How We Help on Legal.ge
Our team assists in negotiations with operators on access, in assessing access and connection agreements, in challenging unequal conditions connected with tariffs and guarantees, and in the legal support of direct line projects. Every position is analysed on the basis of the above-mentioned norms of the energy law.