The Competition and Markets Authority has published its Final Determinations in the first ever appeals under section 11C of the Electricity Act 1989. The two cases related to the price controls made by GEMA for electricity distribution for the eight years to 2023.
The appeal by British Gas Trading challenged some £1.4 billion of the around £17 billion allowed to 'slow track' distribution network operators. The CMA rejected four out of BGT's five grounds of appeal, resulting in a change in revenue of around £105 million.
A separate appeal by Northern Powergrid led to an increase of £11 million in that company's allowable revenue.
Daniel Jowell QC and Gerard Rothschild acted for Scottish Power Energy Networks, instructed by Allen & Overy and Shepherd & Wedderburn.
Richard Gordon QC, Tony Singla, and Andrew McIntyre acted for UK Power Networks, instructed by CMS Cameron McKenna.