Energy licence modification appeal: Firmus Energy

The CMA determined an appeal by Firmus against a decision by NIAUR to modify the conditions of Firmus’ Licence.

• From: Competition and Markets Authority
• Published: 28 December 2016
• Last updated: 3 November 2017 — See all updates

• Case type: Regulatory references and appeals
• Case state: Closed
• Market sector: Utilities
• Opened: 28 December 2016
• Closed: 3 November 2017

Administrative timetable

Statutory deadline: 27 June 2017

Full administrative timetable

Contact

Email: firmus.niaur@cma.gsi.gov.uk

Costs order

3 November 2017: The CMA has announced its costs order and costs final determination in the appeal by Firmus against the decision by the NIAUR of 28 October 2016 to modify the conditions of Firmus’ Licence to give effect to the GD17 price control determination. A non-confidential version of the order and determination is below.

• Costs order (3.11.17)
• Costs final determination (3.11.17)

Final determination

26 June 2017: The CMA has announced its final determination in the appeal by Firmus against the decision by the NIAUR of 28 October 2016 to modify the conditions of Firmus’ Licence to give effect to the GD17 price control determination. A non-confidential version of the determination is below.

• Final determination (28.6.17)
• News story: CMA issues final determination in NI gas distribution appeal (26.6.17)

Deadline for third party representations

The deadline for any third party to make representations or observations to the CMA about the Northern Ireland Authority for Utility Regulation’s representations and observations and/or the representations and observations received from third parties is 9am on 14 February 2017. Any representations or observations should be sent to the CMA in writing by 9am on 14 February.

Representations and observations

• Consumer Council (30.1.17)
• Major Energy Users’ Council (30.1.17)
• Manufacturing NI (30.1.17)
• Northern Ireland Authority for Utility Regulation (30.1.17)

Appeal group appointed

4 January 2017: The CMA has appointed a group of panel members to determine the appeal. Phil Evans (Chair), Roger Finbow and Jon Stern.

Permission granted to appeal

28 December 2016: The CMA has granted permission to appeal to the CMA concerning the decision by the Northern Ireland Authority for Utility Regulation (NIAUR) of 28 October 2016 to modify the conditions of the Firmus Energy (Distribution) Limited Licence (Firmus) to give effect to the GD17 price control determination.

Firmus Energy (Distribution) Limited sought permission from the CMA to appeal following NIAUR’s final decision to give effect to the GD17 price control determination which will operate from 1 January 2017 to 31 December 2022.

Under the Gas (Northern Ireland) Order 1996 (as amended) a licence modification by NIAUR may be appealed to the CMA for a determination.

• Decision on permission to appeal (28.12.16)

Background documents

• NIAUR decision (28.12.16)
• Firmus notice of appeal (28.12.16)
• NIAUR’s representations and observations in respect of the application for permission to appeal (28.12.16)

Published 28 December 2016
Last updated 3 November 2017 + show all updates

1. 3 November 2017

   Determination on costs and costs order published.

2. 28 June 2017

   Final determination published.

3. 26 June 2017

   Decision announced.

4. 1 February 2017

   Timetable published and deadline for third party representations added.

5. 30 January 2017

   Representations and observations published.

6. 9 January 2017

   Deadline for third party representations added.

7. 4 January 2017

   Appeal group appointed.

8. 28 December 2016

   First published.