1. Transmission Workstream 6th January 2010
Manifest Errors for Entry Capacity Overruns Appeals Possible Mod Proposal
Transmission Workstream
6th January 2010

2. Background
GasTerra had an issue with significant (>£m) Entry overrun charges incurred during April, as a result of a ‘manifest error’
Mod 341 to introduce Manifest Error Provisions into UNC
Out for Consultation
Close out 4th Feb
Appeals Mod now being prepared to accompany Mod 341

3. Contents Purpose of Appeal Process Proposed Process Steps Grounds
Outcome

4. 1. Purpose of Appeal
Manifest Errors Process in 341 requires UNCC to consider Claim and determine
If it is a valid error
What adjustment should be made to overrun charges
341 contains robust provisions to:
protect UNCC members from personal liability, and
require independent/impartial consideration of a Claim
Appeal process would provide:
Possibility of scrutiny of a UNCC decision
Thereby reducing the likelihood of the need to use it
and
Mechanism to amend in the unlikely event of a biased or otherwise procedurally flawed decision

5. Appeal to Authority permitted
2. Possible Process
Appeal to Authority permitted
Within 5 days of determination of UNCC being notified to Users
In writing, copied to UNCC Chair
Who can Appeal?
Users (whose invoices may be affected)
Voting UNCC members (who may be aware of improper procedure)
Claimant
Grounds:
That the decision of the UNCC was not made in accordance with section B, and that the failure to comply with section B had a material impact on the UNCC’s determination
Possible Outcomes
Uphold UNCC ruling
Substitute its own ruling for that of UNCC
Remit for re-consideration by UNCC

6. 3. Questions Should a fee be payable ?
£5000 to capacity neutrality, as a deterrent to spurious appeals ?
What reporting requirements/ ‘obligations’ should there be ?
Not appropriate to specify Ofgem’s procedures in UNC
Can we ask for a report on the determination?
Include right for UNCC to write to Ofgem after 55 days ?
Any other concerns not covered?

7. 7. Next Steps Submit for Consultation at Jan Mod Panel
Decision by Feb Mod Panel
Gemini Changes Mod (to follow, if necessary)
Any comments/views –
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