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.
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.