P194 energy code appeal abandoned

Competition Commission notice (1 page, PDF) that Utilita Electricity Limited has abandoned its appeal under the Energy Act 2004 against Ofgem's P194 decision endorsing a move towards a more "marginal" calculation of cash-out prices in the GB electricity Balancing and Settlement Code.

This follows from the conditions (5 pages, PDF) set on Friday 28 April 2006 by the Competition Commission for the admissibility of the appeal, which included a request for rectification of formal deficiencies and for evidence that Utilita was materially affected by P194. The Competition Commission also expressed doubts as to whether Utilita's claims that the P194 decision had been illegally made should be resolved through judicial review proceedings rather than by the Competition Commission under the Energy Act 2004.

For further information or advice please contact Franck Latrémolière.

Filed under BETTA, Competition Commission, Electricity, Ofgem.

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