Energy Licence Modification Appeal 2023

The CMA has published its final determination and Order in the appeal by Northern Powergrid (Northeast) Plc and Northern Powergrid (Yorkshire) Plc against the decision of GEMA to proceed with modifications to their electricity distribution licences.

From:
Competition and Markets Authority
Published
9 March 2023
Last updated
13 March 2024 — See all updates
Case type:
Regulatory references and appeals
Case state:
Open
Market sector:
Energy
Opened:
3 March 2023

Administrative timetable

Published on 4 May 2023, as required by Rule 13 of the Energy Licence Modification Appeals: Competition and Markets Authority Rules (CMA70). Any revisions made to the timetable will be published on this website.

Date Action
29 September 2023 Statutory deadline for final determination
21 September 2023 Issue and publication of final determination
August 2023 Consultation with parties and interveners on provisional determination
Late July to early August 2023 Issue of provisional determination to parties and interveners
June 2023 Main hearings
24 April 2023 Deadline for GEMA’s response and for any applications for permission to intervene
30 March 2023 Permission to appeal granted and published
16 March 2023 GEMA lodged submissions on whether permission to appeal should be granted
2 March 2023 Permission to appeal sought by NPg

CMA final costs determination and Order

13 March 2024: on 12 March 2024 the CMA issued to the Parties its final determination and Order on costs in relation to the Energy Licence Modification Appeal 2023. Non-sensitive versions of these documents are published below.

CMA final determination and Order

21 September 2023: The CMA has published its final determination and Order in the Energy Licence Modification Appeal 2023.

Appellant’s Reply to GEMA’s Response

22 May 2023: On 15 May 2023, the appellant replied to GEMA’s Response to the appellant’s Notice of Appeal.

Response to the Notice of Appeal

4 May 2023: On 24 April 2023, GEMA responded to the appellant’s Notice of Appeal.

Interveners

28 April 2023: On 24 April 2023, the CMA received an application for permission to intervene from Citizens Advice. On 26 April 2023, the CMA issued its decision on the application allowing Citizens Advice to intervene.

Appeal group appointed

30 March 2023: The CMA has appointed a group of 3 panel members to determine the appeal.

Kip Meek (Chair), Robin Cohen and Susan Hankey.

CMA decision on permission

30 March 2023: The CMA has granted permission to appeal on all grounds pleaded by Northern Powergrid (Northeast) Plc and Northern Powergrid (Yorkshire) Plc.

Notice of appeal

2 March 2023: Northern Powergrid (Northeast) Plc and Northern Powergrid (Yorkshire) Plc applied for permission to appeal GEMA’s decision of 3 February 2023 on the proposed modifications to their electricity distribution licences. These licence modifications are based on GEMA’s RIIO-ED2 price control decisions of 30 November 2022.

Contact

Any queries or submissions relating to this matter should be sent to ED2Appeal@cma.gov.uk.

Published 9 March 2023
Last updated 13 March 2024 + show all updates

  1. CMA final costs determination and Order published

  2. Final determination published

  3. NPg’s reply to GEMA’s response.

  4. Response to Notice of Appeal updated.

  5. Citizens Advice intervention notice and CMA's decision on permission to intervene published.

  6. Appeal group appointed.

  7. Decision on permission to appeal published.

  8. First published.

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