Abstract
<span lang="EN-GB"><span style="font-size: medium;">This article presents a new framework for analysis and design of legal-governance settings for collective action challenges, particularly of local (smart) microgrids, with a focus on related local planning. The framework connects Ostrom’s IAD-Framework with Institutional Legal Theory (ILT), to foster proper understanding of both empirical and legal-prescriptive elements. This is relevant to state of affairs analyses, but also to design-oriented analysis towards institutional change of legal settings for local smart systems. The proposed framework connection (named ‘ILTIAD’) contributes to a proper empirico-legal understanding of existing and possible improvements in public-private arrangements relevant to bring about innovations of the said local microgrids. </span></span> <span lang="EN-GB"><span style="font-size: medium;"> </span></span> <span lang="EN-GB"><span style="font-size: medium;">A three-step conceptual approach is presented. The first step is about relating local smart microgrids to the concept of a collective action and explaining the relevance of adding an ILT perspective to the IAD-framework. The second step is to frame the connection between IAD and ILT (as ILTIAD) with a view on relevant action situations. To this end, Ostrom’s ‘rules-in-use’ are connected to legal ‘rules-in-form’. This institutional rule-perspective is then aligned with action situations at Ostrom’s four analytical levels, considering that different legal institutions are relevant to the content of action situation rules. In the third step, the institutional rule-perspective is placed in the specific legal setting of an example for a Dutch Crown Decree on experiments for decentralized renewable energy projects. We demonstrate how the abstract ILTIAD-framework provides a lens to identify legal aspects as constraints and opportunities within action situations. Furthermore, we show from a design perspective how the framework can help identify gaps and conflicts when establishing and maintaining particular local smart microgrids. In doing so we also connect to dynamic aspects of underlying transition justice concerns, following energy expansion versus energy democratization frames. In conclusion the article reflects inter alia on some analytical and methodological aspects of ILTIAD as compared to the IAD-framework.</span></span>
Highlights
In order to obtain an understanding of the institutional setting two aspects have to be considered first: the need for collective action to operate and manage local electricity grids sustainably and the multiplicity of institutional levels
In this article we address the following question: ‘How can the empirico-legal ILTIAD model support analysis and design of microgrids, and what does this reveal when applied to Dutch experiments about the future of community microgrids?’ This leads us to first explain the ILTIAD model in more abstract terms, to demonstrate how it can support analysis and design in a particular context, of the Dutch experimental legal regime
At the point where we find that experimentation paints a diffuse picture, ILTIAD can assist in arriving at a proper design of the experimentation rules
Summary
“Without serious upgrading of existing grids and metering, renewable energy generation will be put on hold, security of the networks will be compromised, opportunities for energy saving and energy efficiency will be missed, and the internal energy market will develop at a much slower pace.” (European Commission 2011, 2). Looking at that Dutch context, its current legal setting comes with two main constraints that reflect a divide between desired rules-in-use for and of a flourishing microgrid practice, and existing rules-in-form that stand in the way of such practice These constraints exemplify the concept of ‘regulatory disconnect’ between regulation and innovation, and are known to “arise when innovation in the market develops in a faster tempo or differently than envisaged compared to respective regulation (Butenko 2016, 702).”. The first main constraint amounts to a prohibitive disconnect between the standard rules-in-form that prescribe vertical unbundling as cornerstone of the existing energy market, and a desired microgrid rules-in-use practice whereby single legal entities (e.g. a community) combine the functions of energy generation, grid management and consumption.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
