ScottishPower fails in judicial review of transmission charges

Mr Justice Walker sitting in the High Court in London has rejected the application for judicial review of Ofgem's approval of National Grid's electricity transmission charging structure in Great Britain submitted by ScottishPower energy companies. The judgment (67 pages) is not currently available on the free online services.

The judge agreed with ScottishPower that Ofgem's response to a complaint made after the approval decision about the cost-reflectivity of the charges had been "an inadequate response", but found that this did not affect the legality of Ofgem's approval of National Grid's proposed charging structure.

On the reasoning of the approval decision itself, the judgment rejects ScottishPower's claims about Ofgem's alleged failure to verify the information provided by National Grid as justification for its incremental cost calculations and proposed charging structure. The judge found that the points raised by ScottishPower had not revealed any error or unreasonableness on Ofgem's part, and that there had been no unfair lack of consultation or information in the process leading up to Ofgem's approval of the charging structure.

For further information or advice please contact Franck Latrémolière.

Filed under BETTA, Electricity, Ofgem, Price controls, UK courts.

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