Derogations from electricity distribution charging rules

The request was successful.

Franck Latrémolière

Dear Office of Gas and Electricity Markets,

I am looking for information related to derogations or applications for a derogation from any obligations in electricity distribution licences to comply with any charging methodologies or charging statements (including, without limitation, any derogations that have been granted under paragraphs 13A.14 and 13B.14, and any applications for a derogation under these paragraphs).

For each such derogation or application for a derogation, please provide a list of correspondence to or from Ofgem, notes of relevant external meetings or conversations, and Ofgem's decision granting or refusing the derogation in cases where a decision has been made. Where possible, please provide copies of each document, letter or meeting note.

I would like information going back to 1 April 2012.

I have searched the Internet, including your public websites, before making this request. I have found information about the following cases:

SPEN's derogations from the EDCM related to sole use assets
https://www.ofgem.gov.uk/publications-an...
https://www.ofgem.gov.uk/publications-an...
https://www.ofgem.gov.uk/publications-an...

SEPD's site-specific derogation from the CDCM
https://www.ofgem.gov.uk/publications-an...
https://www.ofgem.gov.uk/publications-an...

The arrangements for rescheduling of charges for supplies to domestic customers (in some cases, by £5/customer) in several DNO areas between late 2013 and 2017, for example:
http://www.scottishpower.com/userfiles/d...
https://www.westernpower.co.uk/docs/syst...
https://epr.ofgem.gov.uk/document/Downlo...

The consent to allow the errors in Northern Powergrid Yorkshire's method M models for 2016/2017 and 2017/2018 to stand
https://www.ofgem.gov.uk/publications-an...

WPD's 2016 application for Derogation from the high cost cap in the Common Connection Charging Methodology
https://www.ofgem.gov.uk/publications-an...

Provided that you are satisfied that the information on your public website about these cases is complete, you do not need to include anything about these cases on your response.

Yours faithfully,

Franck Latrémolière

FOI, Office of Gas and Electricity Markets

Dear Frank,

I am acknowledging receipt of your request for information. Case number for reference is 2098-2017. It will be passed to the appropriate team for consideration.

Regards

Paul Kitcher
Head of Information Management
Knowledge Management
9 Millbank
London
SW1P 3GE
Tel: 020 7901 7011
www.ofgem.gov.uk

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FOI, Office of Gas and Electricity Markets

Dear Franck,

Colleagues here have been researching the determinations listed below. As your question stands where you are asking for ;

"I am looking for information related to derogations or applications for a derogation from any obligations in electricity distribution licences to comply with any charging methodologies or charging statements (including, without limitation, any derogations that have been granted under paragraphs 13A.14 and 13B.14, and any applications for a derogation under these paragraphs).

For each such derogation or application for a derogation, please provide a list of correspondence to or from Ofgem, notes of relevant external meetings or conversations, and Ofgem's decision granting or refusing the derogation in cases where a decision has been made. Where possible, please provide copies of each document, letter or meeting note."

You list six individual derogations - just for these it would require a large amount of work on behalf of the relevant teams and would in our view fall on cost grounds as we would have little alternative but to apply a section 12 (cost) restriction to your enquiry. I understand others could also be in scope covering a period in excess of 4 years.

We do however agree that where possible it would be in the public interest to publish as much background material as possible to make available as complete an audit trail of these decisions as is viable within cost and time constraints; for example are there particular derogations that are of interest to you at this time where you feel current information is insufficient? I'd be happy to discuss with you how we could achieve an position where we can release information needed along the lines of your request. Grateful if you could give me a call early next week.

Regards

Paul Kitcher
Head of Information Management
Knowledge Management
9 Millbank
London
SW1P 3GE
Tel: 020 7901 7011
www.ofgem.gov.uk

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Franck Latrémolière

Dear Paul,

I am sorry it took me so long to follow up on this. I should be grateful if you would re-process my detailed request for documents restricted to just one unsuccessful application for derogation, specifically Electricity North West Limited's request of 27 October 2016 for derogation from condition 13A.4. I hope that, with this restriction, the request will fall within the cost limit.

It would be really nice if in the future Ofgem would release timely information to the public about all its ongoing regulatory processses, including requests for consent, directions and derogations, and if the EPR or Ofgem's main website were modernised and restructured to provide easy access to accurate and complete lists of cases or documents of this kind. But I appreciate that these things are easier said than done.

Yours sincerely,

Franck Latrémolière

FOI, Office of Gas and Electricity Markets

HI Frank,

Acknowledging your request which I'll get off to the relevant team.

I'll pass on your comments to the web team not sure what their plans are at the moment. My team have responsibility for the EPR there is nothing in this year's budget for an update. I'd acknowledge it's at a stage where we can see we are going to have to do some work on it - but his may have to wait to the next software upgrade. Ironic to think this is only 4 years old and more or less out of date!

Regards

Paul Kitcher
Head of Information Management
Knowledge Management
9 Millbank
London
SW1P 3GE
Tel: 020 7901 7011
www.ofgem.gov.uk

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Franck Latrémolière

Dear Paul,

Has something got lost? There seems to have been no prompt response to my narrowed-down request of 8 June 2017.

Yours sincerely,

Franck Latrémolière

FOI, Office of Gas and Electricity Markets

Franck apologies for the delay I have been chasing.

Paul

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Franck Latrémolière

Dear Office of Gas and Electricity Markets,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Office of Gas and Electricity Markets's handling of my FOI request 'Derogations from electricity distribution charging rules'.

I think that after 12 weeks of waiting it is necessary to begin the formal dispute resolution process.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Franck Latrémolière

Paul Kitcher, Office of Gas and Electricity Markets

5 Attachments

Dear Frank

Please find attached correspondence relating to the ENWL derogation from January. I apologise for the delay in responding.

There were a number of email files which I have merged into a single PDF, each chain is in date order and should be reasonably straight forward to follow.

The other documents are the formal request and rejection letters plus other information required to make the decision.

In all cases we have removed names of Ofgem staff (except senior civil servants) and all staff at ENWL. This is to comply with data privacy and is permitted in the personal data exemption S40(2) of the Freedom of Information Act.

Regards

Paul Kitcher
Head of Information Management
Knowledge Management
9 Millbank
London
SW1P 3GE
Tel: 020 7901 7011
www.ofgem.gov.uk

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