Justice. Electricity: citizens condemn the Metropolis

It is a victory which comes after nearly ten years of legal struggle. Residents of Nancy, Laxou and Vandeuvre have canceled an article of the concession contract for the electricity distribution network between the Metropolis and the operator Enedis, a subsidiary of EDF. The canceled clause concerns termination indemnities to be paid by the local authority in the event of a dispute or termination of contract with the concessionaire. In the event of a change of operator or a change in management, the cost to the community was estimated at more than 70 million euros by the applicants. “A significant amount with regard to the finances of the Metropolis of Greater Nancy”, develops the Administrative Court of Appeal of Nancy in its judgment.

While Enedis is currently the only legal operator, the new European provisions and the gradual opening up to competition of the electricity sector could change the situation in the years to come. However, the Metropolis is bound by contract until… 2049. In its judgment, the Court recognized that “modifications of the concession during the period covered by the contract are probable”.

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A first contract already contested

The facts deserve to be clarified: the Metropolis has delegated the public electricity distribution service to Enedis. But in 2011, a contract signed between the Metropolis and the operator made cringe among some citizens and within other local authorities, who feared that the contract, very advantageous for EDF, would set a precedent.

In 2014, the Nancy administrative court had two clauses annulled, one granting ownership of the Linky meters to Enedis, the other defining very high compensation for termination or breach of contract. Following this court decision, an amendment to the contract was drawn up in 2015. However, this still did not cap the severance or termination indemnities.In addition to this, you need to know more about it.

The applicants, some of whom are also members of Bien commun, which had attacked the Nancy Thermal project, are now waiting for the decision to set a precedent and for the Métropole to renegotiate the new contract, signed in December 2019, which binds it to Enedis until 2049. Above all, they hope that this court decision will provide a boost for other citizen-taxpayers to act on issues of local life.

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