EDF/SSE code modification appeal

EDF and SSE are appealing Ofgem’s decision to reject a code modification on charges to generators for the electricity transmission system in 2015/16.

Administrative timetable

Date appeal received: 6 December 2017

Costs order

3 May 2018: The CMA has announced its final determination on costs in relation to the EDF Energy/SSE appeal against Ofgem’s decision to reject code modification proposals. A non-confidential version of the determination is below.

Decision

26 February 2018: The CMA published its order in relation to the EDF Energy/SSE appeal against Ofgem’s decision to reject code modification proposals.

Notice of extension for the determination period

Responses to the notice of appeal

Permission to intervene granted

On 10 January 2018, the CMA granted permission to National Grid Electricity Transmission plc to intervene in the appeal.

Permission to appeal granted

On 19 December 2017, the CMA granted permission to EDF and SSE to appeal against Ofgem’s decision to reject code modification proposals.

Appeal group appointed

13 December 2017: The CMA has appointed a group of panel members to determine the appeal. John Wotton (Chair), Anne Fletcher and Jon Stern.

Notice of appeal

EDF and SSE are appealing a decision by Ofgem in respect of an energy code modification (CMP261). CMP261 ‘Ensuring the TNUoS paid by Generators in GB in Charging Year 2015/16 is in compliance with the €2.5/MWh annual average limit set in EU Regulation 838/2010 Part B (3)’ was a modification seeking to change the amount paid by generators in the charging year 2015/16. Ofgem rejected the proposed modification.

Published 13 December 2017
Last updated 3 May 2018 + show all updates
  1. Final determination on costs and costs order published.

  2. Decision published.

  3. Decision announced.

  4. Administrative time table updated and notice of extension added.

  5. Decision on permission to intervene and responses to the notice of appeal published.

  6. Full administrative timetable and decision on permission to appeal published.

  7. First published.