Update on our Decision on industry proposals CMP264 and CMP265

Publication date
24th January 2018
Information types
Policy areas

Ofgem has been served with a claim for judicial review concerning its decision to approve WACM4 of CUSC modifications CMP264 and CMP265.   

The case number is: CO/4397/2017.

National Grid Electricity Transmission plc has been named by the claimants as an interested party to the proceedings.

Ofgem has filed its Acknowledgement of Service and Summary Grounds of Resistance for contesting the claim. 

Any bodies that consider themselves interested parties, should take their own legal advice in relation to this matter.   Ofgem’s decision to approve WACM4 of CUSC modifications CMP264 and CMP265 stands unless quashed by the court.

The CMP264/CMP265 Impact Assessment and Decision was updated on 23rd October 2017 with this information.

Update – 18 January 2018

The Claimants have applied to the Court for an injunction to prevent the decision taking effect as planned from April 2018. The Claimants have asked the Court to deal with this urgently, prior to the start of the ‘T-1’ Capacity Market auction on 30 January 2018. 

A hearing is scheduled for 23 January 2018. Ofgem is resisting the Claimant’s application for an injunction and unless the injunction is granted, the decision will take effect on 1 April 2018. 

Ofgem will publish a further update on this page as soon as possible following the Court’s decision on the injunction application.

Update – 23 January 2018

Ofgem welcomes today's refusal by the High Court to grant an injunction to delay implementation of our decision on charging arrangements for smaller embedded generators. The Court’s decision is in the interests of customers.

The application made by the claimants would have delayed implementation of our decision until April 2019, which we believe would cost customers approximately £500 million.

Our focus is now on defending our decision in a substantive hearing scheduled for late April 2018.