23 Sep 2026

Proposed reform of Electricity Market Act: Statutory prioritisation regime for grid connection requests

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On 18 September 2026, the Finnish Ministry of Economic Affairs and Employment published a draft government proposal for the amendment of the Electricity Market Act (588/2013) (in Finnish, sähkömarkkinalaki) for consultation. The consultation period runs until 9 October 2026. The proposal would introduce a statutory prioritisation regime governing how grid operators process grid connection requests in situations of scarce grid capacity. The new provisions are intended to enter into force on 1 January 2027, but the proposed provisions would also apply to existing grid connection requests where no binding grid connection agreement has yet been concluded. This article discusses the key features of the proposed prioritisation regime and the significance of the reform for projects seeking grid connection.

Four priority groups based on the capacity and purpose of the connection

Under the proposal, grid connection requests for electricity consumption sites and electricity storage facilities would be placed into four priority groups based on the connection capacity and purpose of use. The priority groups would not apply to electricity generation. 

In practice, the priority group would determine how quickly and predictably a grid connection request is processed. Priority group 1 requests would be processed strictly in order of arrival, offering the most predictable route to a connection. Requests in groups 2 to 4, by contrast, would be processed in priority group specific batches twice a year, with grid operators required to run the first such batch by 31 December 2027 at the latest, meaning a project placed in one of these groups could face a wait of several months before its request is even taken up for comparison against competing requests in the same area.

The four priority groups would be:

  • Group 1: electricity consumption sites up to 3 MW; data centres up to 1 MW; critical electricity consumption sites where the connection is essential to maintaining that activity; small electricity storage facilities up to 100 kVA; and storage facilities connected to a power plant complex that are not charged with electricity taken from the grid.
  • Group 2: electricity consumption sites of 3–100 MW; data centres of 1–10 MW.
  • Group 3: electricity consumption sites above 100 MW; data centres above 10 MW.
  • Group 4: other electricity storage facilities not falling within group 1.

Within all of groups 2 to 4, ranking would primarily follow the location of the connection, with a better position given to requests concerning an area where capacity is available. In practice, this creates a clear incentive to direct large electricity consumption sites, including data centres, towards areas with spare grid capacity rather than the already congested areas. The grid operator would also have to take into account the development stage of the electricity consumption site or storage facility for requests in groups 2 to 4.

For data centres, the proposed priority group allocation would mean that lower capacity thresholds apply than for other electricity consumption sites. For example, a 15 MW data centre would fall into group 3, while a 15 MW industrial electricity consumption site would be placed in group 2.

Two routes to a better position: flexibility and production commitments

Within groups 2 and 3, a connecting party could improve its position by giving, on a voluntary basis, either a flexibility commitment (in Finnish: joustositoumus) or a production commitment (in Finnish: tuotantositoumus) as part of its grid connection request. This ranking factor would apply only after location has been taken into account. It would be relevant in cases where the location-based assessment does not otherwise distinguish between competing requests within the same area.

Under a flexibility commitment, the connecting party would commit to offering, on an organised marketplace, flexible electricity production capacity capable of uninterrupted output, amounting to at least 10% of the electricity consumption site's peak demand. Under a production commitment, the connecting party would commit to covering at least 50% of the consumption site's estimated annual electricity consumption with electricity produced at a power plant commissioned no more than 36 months before the electricity consumption site and located in the same area as the electricity consumption site from a transmission congestion (in Finnish: kantaverkon siirtorajoitus) perspective.  The transmission system operator would be responsible for determining and publishing such areas.

For a project developer, either route effectively means taking on a long-term operational obligation in exchange for a more favourable position in the prioritisation regime. The connecting party would have to comply with the commitment for the entire operating life of the connection, and material non-compliance could, following a failure to remedy within a reasonable time, entitle the grid operator to terminate the grid connection agreement. 

The proposed prioritisation regime, if enacted, would fundamentally reshape how grid operators assess and process grid connection requests. The reform would affect a broad range of stakeholders, including industrial operators, data centre developers and energy storage developers, each of whom would need to evaluate how the new priority groups, capacity thresholds and voluntary commitment mechanisms impact their existing plans and future projects. It remains to be seen how the proposed legislation will progress through the parliamentary process and what final form the new regime will take. The consultation period, which runs until 9 October 2026, offers stakeholders an opportunity to provide feedback that may shape the outcome.

Additional information

Our Energy practice will continue to monitor the progress of the legislative project and provide updates as developments unfold. For further information, please contact the lawyers listed on this page.

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