Energy sector weekly round-up to 13 March 2017
This update summarises content produced in the past week by Practical Law's UK and EU services that is likely to be of interest to lawyers working in the energy sector. Key developments include the launch of an Ofgem consultation on its Targeted Charging Review.
ACER Board of Appeal dismisses appeals seeking annulment of ACER decision on electricity TSOs proposal for the determination of capacity calculation regions
The Agency for the Co-operation of Energy Regulators (ACER) Board of Appeal has dismissed four appeals seeking full or partial annulment of ACER's November 2016 decision on the electricity transmission system operators' (TSOs) proposal for the determination of capacity calculation regions (that is, the geographic area in which co-ordinated capacity calculation is applied). Read more ( www.practicallaw.com/w-006-9994) .
ACER publishes e-survey on the Interoperability and Data Exchange Network Code Implementation Monitoring
The Agency for the Co-operation of Energy Regulators (ACER) has invited gas companies and TSOs to participate in an e-survey on the Interoperability and Data Exchange Network Code Implementation Monitoring. The survey is available online until 30 April 2017 for gas companies and TSOs to provide views on the implementation of Network Code on Interoperability and Data Exchange Rules concerning the issues of Interconnection Agreements, Gas Quality, and Odourisation and Data Exchange. Read more ( www.practicallaw.com/w-006-9737) .
BEREC publishes opinion on phase II investigation into the market for wholesale high-quality access provided at a fixed location in the Netherlands
BEREC has published its opinion on the serious doubts raised by the European Commission about the market for wholesale high-quality access provided at a fixed location in the Netherlands. The Commission's doubts concern the Dutch regulatory authority's market definition and significant market power assessment. BEREC has reached the view that the Commission's serious doubts are justified. Read more ( www.practicallaw.com/w-006-9650) .
ECJ clarifies definition of hydropower under Renewable Energy Directive 2009
The Court of Justice (ECJ) has decided that the meaning of "hydropower" as a renewable energy source under the Renewable Energy Directive 2009 (2009/28/EC) extends to include a hydropower plant at the point of discharge of industrial waste water (JD v Prezes Urzędu Regulacji Energetyki (Judgment)  EUECJ C-4/16) Read more ( www.practicallaw.com/w-006-8810) .
ECJ rules competent authority can require surrender of wrongly-issued unused emission allowances from operator
The Court of Justice (ECJ) had given a judgment outlining how the EU Emissions Trading Scheme Directive 2003 (2003/87/EC) must be interpreted (ArcelorMittal Rodange et Schifflange SA v Etat du Grand-duche de Luxembourg Case C-321/15) Read more ( www.practicallaw.com/w-006-8828) .
Ofgem launches consultation on Targeted Charging Review
Ofgem has published a consultation on its Targeted Charging Review. Ofgem is proposing to launch a Significant Code Review to assess options for network residual charges, and to consider the current charges for smaller embedded generation. Ofgem invites views by 5 May 2017. Read more ( www.practicallaw.com/w-006-8942) .
Ofgem opens tenders for second stage of TR5
Ofgem is inviting companies to submit bids to own and run links to the Galloper wind farm off the east coast of England, and the Walney Extension wind farm in the Irish Sea. The two links represent the second stage of the fifth tender round (TR5) for offshore transmission owners. Read more ( www.practicallaw.com/w-006-8894) .
Ofgem publishes comments on Targeted Charging Review
Ofgem has published comments on its consultation proposal to launch a Significant Code Review to assess options for network residual charges and current charges for smaller embedded generation. Read more ( www.practicallaw.com/w-006-9488) .
Ofgem publishes decision on DCC margin and incentives for its role in transitional phase of Switching Programme
Ofgem has published its decision on the Data and Communications Company's (DCC) margin and incentives for its activities during the transitional phase of the Switching Programme. DCC’s licence was modified in May 2016 to give DCC new obligations and set out the funding arrangements for its role in the Switching Programme. DCC is required to contribute to the design of the Centralised Registration Service (CRS) and switching arrangements and to procure Relevant Service Capability to deliver the CRS. Read more ( www.practicallaw.com/w-006-9635) .
Ofgem publishes reports and extends timetable for responses to network charging arrangements consultation
Ofgem has published additional reports and extended the timetable for responses to its consultation on its minded to decision and draft impact assessment on Connection and Use of System Code proposals to change electricity transmission charging arrangements for embedded generators. Read more ( www.practicallaw.com/w-006-9534) .