Financial resilience appeal 2023
The CMA has published its final determination and Order in the appeal by Utilita Energy Limited (Utilita) against the decision of Ofgem (GEMA) to introduce a common minimum capital requirement, which was published on 26 July 2023.
Administrative timetable
Published on 16 November 2023, as required by Rule 13 of the Energy Licence Modification Appeals: Competition and Markets Authority Rules (CMA 70). Any revisions to this timetable will be published on this website.
| Date | Action |
|---|---|
| 21 January 2024 | Statutory deadline for final determination |
| 19 January 2024 | Final determination issued to parties |
| Early December 2023 | Provisional determination shared with parties. |
| Late October 2023 | Main hearings |
| 12 October 2023 | Deadline for GEMA’s response to the Notice of Appeal and for any applications for permission to intervene |
| 21 September 2023 | Permission to appeal granted and published |
| 7 September 2023 | GEMA sent representations on whether permission to appeal should be granted |
| 23 August 2023 | Permission to appeal sought by Utilita |
CMA final costs determination and Order
19 April 2024: On 17 April 2024 the CMA issued to the Parties its final determination and Order on costs in relation to the Financial Resilience Appeal 2023. Non-sensitive versions of these documents are published below.
- (19.4.24)
- (19.4.24)
CMA Final determination
- (23.1.24)
- (23.1.24)
- (19.1.24)
- (19.1.24)
Response to the Notice of Appeal
18 October 2023: On 12 October 2023 the CMA received a response from Ofgem (GEMA) to the Notice of Appeal by Utilita Energy Limited (Utilita).
- (18.10.23)
Interveners
25 October 2023: On 12 October 2023 the CMA received applications for permission to intervene from EDF Energy Customers Limited (EDFE) and from OVO Energy Limited (OVO). On 19 October 2023, the CMA issued its decisions on the applications allowing both EDFE and OVO to intervene.
- (25.10.23)
- (25.10.23)
- (25.10.23)
- (25.10.23)
Appeal group appointed
21 September 2023: The CMA has appointed a group of 3 panel members to determine the appeal.
Richard Feasey (Chair), Anne Fletcher and Jo Armstrong.
CMA decision on permission
21 September 2023: The CMA has granted permission to appeal on all grounds pleaded by Utilita Energy Limited (Utilita).
- (21.9.23)
Notice of appeal
23 August 2023: Utilita Energy Limited (Utilita) has applied for permission to appeal GEMA’s decision of 26 July 2023 to introduce a common minimum capital requirement. The decision related to the modifications of standard licence conditions and concerns the decision to impose the capital target in respect of gas and electricity supply licences.
The CMA has 4 months to determine the appeal.
- (1.9.23)
Contact
Any queries or submissions relating to this matter should be sent to utilitaappeal@cma.gov.uk
Updates to this page
Published 1 September 2023Last updated 19 April 2024 + show all updates
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Final determination on costs and final costs order published
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Full text of final determination, appendix and glossary published
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Summary of final determination and Order published.
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New addition to administrative timetable.
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Permission to intervene granted
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Response from GEMA published.
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Decision published
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First published.