P370: Allowing non-BSC Parties to raise Modifications

Formal title: P370 'Allow the Panel to designate non-BSC Parties to raise Modifications'

Current Status

Submission
Initial Written Assessment
Assessment Procedure
Report Phase
With Authority
Awaiting Implementation
Implemented

Summary

The current designation process to allow non-BSC Parties to raise Modifications is described in BSC Section F ‘Modification Procedures’. Currently, Ofgem (‘the Authority’) can designate “such other bodies representative of interested third parties” to raise a Modification. This designation process was recently tested for the first time since the BSC was introduced and has been shown to be slow and opaque. It is also contrary to the direction of travel encouraged by Ofgem for Panels to become more Self-Governing.

P370 proposes to move the body responsible for designating non-BSC Parties to be able to raise Modification Proposals from Ofgem to the BSC Panel. The Proposed solution has no route of appeal whereas the Alternative solution has a route of appeal to Ofgem.

Progression

The P370 Assessment Report was presented to the Panel on 13 December 2018. The Panel’s initial majority view was that the P370 Alternative Modification be approved. The Report Phase Consultation was issued on 7 January 2019 with responses due on the 25 January 2019. The Draft Modification Report will be presented to the Panel on 14 February 2019. The Panel will consider all responses and will agree on a final recommendation to the Authority on whether the change should be made.

At its last meeting on 23 November 2018, the Workgroup raised an Alternative Modification Proposal. The Alternative Modification Proposal is the same as the original solution that was consulted on in the Assessment Procedure Consultation. The Proposed Modification is exactly the same as the Alternative except that there is no right to appeal the Panel’s designation decisions (for Parties or non-BSC Parties).

At its meeting on 12 July 2018, ELEXON recommended to the Panel to raise P370. The Panel agreed to raise the Modification Proposal in accordance with Section F2.1.1(d)(i) and agreed for the Modification to proceed directly to the Assessment Procedure.

The first Workgroup meeting was held on 3 August 2018. The second Workgroup meeting was held on 28 August 2018. The third meeting was postponed due to issues with quoracy and was held on 4 October 2018. At this meeting, the Workgroup agreed on a solution for Assessment Consultation. The Assessment Procedure Consultation was issued on 23 October 2018 and closed on 12 November 2018.

Workgroup Meetings

Next Events

The Draft Modification Report will be presented to the Panel on 14 February 2019.

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