First appeal against an Ofgem energy code decision

Summary of appeal (3 pages, PDF) by Utilita Electricity Limited to the Competition Commission under the Energy Act 2004 against Ofgem's P194 decision endorsing a move towards a more "marginal" calculation of cash-out prices in the Balancing and Settlement Code. Utilita claims that Ofgem relied on quantitative estimates of the reduction in balancing costs that would result from the implementation of P194 that were wrong and/or on which there had not been an opportunity to comment. Utilita also claims that Ofgem did not take sufficient account of responses to its consultation, including in relation to the alleged discriminatory impact of P194 on small/non-portfolio participants. The Commission's timetable (1 pages, PDF) promises a determination towards the end of June 2006.

Update, 12 May 2006: appeal abandoned.

For further information or advice please contact Franck Latrémolière.

Filed under BETTA, Competition Commission, Electricity, Ofgem.

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