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.

CMA Final determination

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).

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.

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).

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.

Contact

Any queries or submissions relating to this matter should be sent to [email protected]

Updates to this page

Published 1 September 2023
Last updated 19 April 2024 + show all updates
  1. Final determination on costs and final costs order published

  2. Full text of final determination, appendix and glossary published

  3. Summary of final determination and Order published.

  4. New addition to administrative timetable.

  5. Permission to intervene granted

  6. Response from GEMA published.

  7. Decision published

  8. First published.