The Competition and Markets Authority has dismissed an appeal against Ofgem’s decision to reject a proposal to modify the Connection and Use of System Code.
The appeal related to a proposal known as CMP344, which sought to amend the charging methodology which governs the recovery of the costs of the electricity transmission network in Great Britain. The proposal related to the treatment of certain costs relating to infrastructure by which offshore windfarms are connected to the onshore network.
Ofgem decided to reject CMP344, and the appellants challenged that decision by way of an appeal to the Competition and Markets Authority under section 173 of the Energy Act 2004. The appeal was dismissed on all grounds.
The CMA’s determination is available here.
Tom Hickman KC and Warren Fitt acted for the appellants, instructed by Pinsent Masons LLP.
George Molyneaux acted for Ofgem, with Amy Rogers KC and Jonathan Worboys of 11 KBW.


