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Disputes

A Trading Query/Dispute can arise as a result of errors in the data, processes and/or rules used for the purposes of settlement, where such errors affect the Trading Charges paid to or from Parties. Trading Queries/Disputes can also arise as a result of errors in the determination of whether a Party is in Credit Default. Details on raising a Trading Query/Dispute are listed in Balancing and Settlement Code Procedure (BSCP) 11 – Volume Allocation and Settlement Run Queries, available for download from the Related Documents menu to the right of the page.

Query Stage

A Party can raise a Trading Query by completing the relevant form provided in BSCP11 and forwarding it to ELEXON. ELEXON then investigates the Trading Query in consultation with any relevant parties, agents and/or experts in accordance with the process defined in BSCP11. Results of such investigations are then forwarded to the Party that raised the Query (the “Raising Party”).

Raising a Trading Query may provide the opportunity for a perceived settlement error to be corrected without the requirement to raise a formal Trading Dispute. Dependent upon the results of the investigation the Trading Query can be either:

  • resolved inherently multilaterally if resolved via a reconciliation run;
  • withdrawn; or
  • requested for escalation to the Trading Disputes Committee (TDC) by the Raising Party. At this point in the process a Trading Query becomes a Trading Dispute. Escalation will only be allowed if the materiality of an error exceeds a £500 threshold.

Dispute Stage

A Party raises a Trading Dispute by the completion and submission to ELEXON of the relevant form in BSCP11 along with supporting information and documentation.

ELEXON collates all relevant information pertaining to the Dispute, and presents it to the next appropriate TDC Meeting. The TDC will assess the Trading Dispute and decide whether there has been a settlement error, and if so what, if any, corrections should be made.

Where the TDC fails to reach a majority decision or a Party disagrees with the TDC decision, the TDC or the Party may, (within 30 days), refer the matter to the Panel for determination. At this point the Panel may decide not to review the matter. In these circumstances, or if the Party disagrees with the Panel decision, a Party may (within 30 days) refer the matter to the Electricity Arbitration Association. A Trading Dispute cannot be referred to arbitration without first allowing the Panel the option of making a decision or declining to review. The decision of the arbiter is final and binding. If the Trading Dispute is not referred to arbitration within the specified time period the decision of the TDC (or where appropriate the Panel) is final and binding.

For more information on the Trading Query and Disputes Process refer to Section W – ‘Trading Queries and Trading Disputes’ of the Balancing and Settlement Code (BSC), the BSC Summary and the information sheet ‘Overview of Trading Query and Trading Disputes Process’. All documents are available from the Related Documents menu to the right of the page.

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