The Differentiated Implementation of European Participation Rules in Energy Infrastructure Planning

The building of electricity grids is a major challenge of infrastructure planning. According to Directive 2009/72/EU, “ten-year network development plans” outline which grids are to be built. Regulatory agencies have to consult “actual or potential system users” on these plans. However, Germany exceeds these requirements and conducts three rounds of full-fledged public participation. Using rational choice and sociological institutionalism, this article argues that the over-implementation of Directive 2009/72/EU is due to two causes: First, the old German corporatist system of grid planning was dysfunctional. Second, there was a major discourse on public participation following the contentious railway project “Stuttgart 21.” The domestic implementation of Directive 2009/72/EU then opened a window of opportunity for advocates of public participation to implement their preferences. A comparison with France corroborates the argument that both conditions must be fulfilled to cause a major reform.