Energy Licence Modification Appeal 2023
| Decision Date | 09 March 2023 |
| Date | 09 March 2023 |
| Subject Matter | Regulatory references and appeals |
| Court | Competition and Markets Authority (EW) |
1
NORTHERN POWERGRID (NORTHEAST) PLC and
NORTHERN POWERGRID (YORKSHIRE) PLC
- and -
GAS AND ELECTRICITY MARKETS AUTHORITY
Decision on Permission to Appeal
1. Under cover of a Notice of Appeal received by the Competition and Markets
Authority (CMA) on 2 March 2023, Northern Powergrid (Northeast) Plc
(NPgN) and Northern Powergrid (Yorkshire) Plc (NPgY) (collectively NPg)
sought permission to bring an appeal under section 11C of the Electricity Act
1989 against the decision by the Gas and Electricity Markets Authority
to modify the electricity distribution licences of NPgN and NPgY (the Decision)
to give effect to the RIIO-ED2 price control determinations.
Requirement for permission to appeal
2. Under section 11C(3) of the Electricity Act 1989, the CMA’s permission is
required before such an appeal may be brought.
3. I make this decision on permission to appeal in my capacity as an authorised
member of the CMA (see paragraph 1(8) of Schedule 5A to the Electricity Act
1989).
4. In making this decision I have had regard to NPg’s Notice of Appeal, as well
as to the submissions in response made by GEMA on 16 March 2023, and to
a further letter dated 20 March 2023 from NPg’s solicitors.
Decision on permission
5. On 2 March 2023, NPg’s Notice of Appeal was received by the CMA within
the period prescribed by paragraph 1(3) of Schedule 5A to the Electricity Act
1989.
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