Energy companies open challenge to exclusion from EirGrid auction

A legal row has broken out over the exclusion of power generators from an EirGrid power auction. Photograph: Agency stockand the energy regulator excluding them from an “electricity auction” over a dispute about the feasibility of them finishing projects within EirGrid’s time frame.

The court heard that the closing of the auction had been deferred from this Thursday for one week. Mr Justice Micheál O’Higgins told the hearing he was conscious of the time involved and would deliver a decision in the case first, giving his reasoning later – a position accepted by all parties. Mr McBride submitted that Kilshane said it would have completed the project by March 2028, seven months before the October 1st, 2028, deadline.

Mr McBride said a judge in a related case in Northern Ireland last week defined feasibility as “reasonably practical but less than ‘likely’”. Counsel said that after Kilshane went to a ‘Capacity Market Dispute Resolution Panel’ in October, EirGrid’s refusal decision was “incorrectly upheld based on feasible meaning ‘more likely than not’”.

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