Third party access exemptions

Open and non-discriminatory access to the networks by those who do not own the physical network infrastructure, known as third party access (TPA), is fundamental in facilitating greater competition and making energy markets work effectively.

Owners and operators of the electricity networks, the transmission system operator (SO) and the distribution system operators (DSOs), and the owners/ operators of interconnectors, are obliged by European legislation and related licence conditions to provide non-discriminatory access to their lines, pipes and other facilities to third parties.

Under EU legislation, interconnectors, storage facilities and LNG import terminals may apply for an exemption from being required to offer access to third parties. This route is intended to promote the development of such facilities within GB.

Ofgem considers each request for exemption on a case by case basis to see if certain criteria set out in legislation  are met. We have already taken a number of decisions to provide exemptions.

As part of the granting of an exemption we may, and in some circumstances are  required to, impose certain conditions on the operation of the facility (for example, the exemption may be limited to a certain time period).    

The GB Markets team oversees the process for considering applications for exemption from the Directive Regulated Third Party Access (RTPA) requirements. This largely covers the following types of infrastructure development:

  • gas and electricity interconnectors to other countries
  • gas storage facilities
  • Liquefied Natural Gas (LNG) importation facilities.


Publications and updates

  • Published: 25th Feb 2010
  • Closed: 9th Apr 2010
  • Consultations and responses
  • 4 Associated documents
Following BritNed’s access rule consultation, this letter explains the process the Authority intends to follow in its consideration of the BritNed access rules.

  • Published: 18th Dec 2009
  • Decisions
  • 2 Associated documents
Final Decision on Storengy UK Limited’s application for an exemption from section 19B of the Gas Act 1986

  • Published: 18th Dec 2009
  • Closed: 5th Feb 2010
  • Consultations and responses
  • 7 Associated documents
A consultation on EDFE’s request for an exemption from the negotiated third party access requirements for its proposed Hill Top Farm storage facility.

  • Published: 1st Oct 2009
  • Closed: 5th Nov 2009
  • Consultations and responses
  • 9 Associated documents
A consultation on Storengy's request for an exemption from the negotiated third party access requirements for its proposed Stublach storage facility.

  • Published: 16th Jun 2009
  • Open letters and correspondence
  • 1 Associated documents
Following an internal review Ofgem will continue to consider applications for exemptions from nTPA requirements for minor gas storage facilities. This open letter provides guidance on the criteria that we will use to consider exemption applications.

  • Published: 11th Feb 2009
  • Other
  • 3 Associated documents
Following a request from the European Commission, Ofgem has amended the two exemption orders granted to EWC in respect of two proposed electricity interconnectors between GB and Ireland.

  • Published: 26th Sep 2008
  • Decisions
  • 3 Associated documents
This document sets out Ofgem's decision to grant EWC two exemptions from Third Party Access requirements in relation to its two proposed electricity interconnectors with the Republic of Ireland.

  • Published: 2nd Jul 2008
  • Closed: 12th Aug 2008
  • Consultations and responses
  • 9 Associated documents
Consultation on Ofgem's proposal to grant East West Cable One (formally Imera Power) an exemption from Third Party Access and Use of Revenue requirements.

  • Published: 5th Dec 2007
  • Agendas, minutes and presentations
  • 2 Associated documents
This is a letter of invitation to a meeting on the anti-hoarding arrangements in place at the Isle of Grain LNG importation facility (Grain 1)

  • Published: 22nd Nov 2007
  • Closed: 10th Dec 2007
  • Consultations and responses
  • 6 Associated documents
Ofgem invites market participants to express concerns about current arrangements for access to secondary capacity at the Isle of Grain LNG importation terminal.