Two renewables companies are challenging a regulator's decision not to compensate them if they are told to temporarily shut down due to issues with the electricity grid. Photograph: Ina Fassbender/AFP via Getty ImagesTwo groups of companies involved in renewable energy generation have launched High Court challenges against a decision of the Commission for Regulation of Utilities not to compensate them if they are told to temporarily shut down due to issues with the electricity grid.
The decision at the core of the proceedings was made through the Commission’s single energy market committee. It is also alleged that, in arriving at its decision, the respondent took into account irrelevant considerations and failed to take into account relevant considerations. In judicial review proceedings, the two groups of companies seek various orders and declarations including orders quashing the CRU’s decision, and that the regulator gives effect to the EU regulation regarding compensation. They also seek a variety of declarations including that compensation must be paid in accordance with the EU regulation by the transmission system operator, which in this case is Eirgrid, as licensed by the commission.