P472 ‘Amendment to provisions for Parties to bring claims against BSC Agents in BSC Section E’
Formal title: Amendment to provisions for Parties to bring claims against BSC Agents in BSC Section E
This Modification proposes to amend BSC Section E to remove the requirement for Parties to be able to bring claims against BSC Agents. An industry Workgroup will be formed to consider what other measures (if any) might be appropriate to mitigate the impact of this on Parties.
BSC Section E ‘BSC Agents’ paragraph 2.4.1 (and related provisions) allow Parties to bring claims against BSC Agents. These requirements, which have always been heavily caveated, have never been used. Moreover, their benefit to Parties has gradually eroded over time. This erosion is due to the increased complexity in the delivery of BSC Agent services, resulting in the distribution of service delivery responsibilities across software developers, other Technology Services Providers, and BSC Agents.
Elexon believes that the increased cost of BSC Agent services arising from maintaining these provisions now exceeds any benefit Parties are ever likely to obtain from them, and the requirement should be removed entirely or replaced with an alternative mechanism for ensuring accountability of BSC Agents.
Therefore, this Modification propose to amend BSC Section E which contains the rules covering BSC Agents. The proposed solution (for discussion by an industry Workgroup) aims to remove the requirements for Parties to be able to bring claims directly against BSC Agents.