CAT judgement on gas metering contracts
April 29 2009 - 9:25AM
UK Regulatory
TIDMNG. TIDM35DT TIDMBD02 TIDM87QJ
RNS Number : 3853R
National Grid PLC
29 April 2009
29 April 2009
National Grid plc
Competition Appeal Tribunal judgment on Gas Metering Contracts
National Grid plc ("National Grid") welcomes the Competition Appeal Tribunal's
judgment earlier today not to uphold in full Ofgem's 2008 decision that National
Grid had infringed the Competition Act 1998 by entering into a number of
metering contracts with UK gas suppliers in 2004.
Although the Tribunal found that certain aspects of our legacy gas metering
contracts were unacceptable, it recognised that Ofgem was involved in the
development of the contracts and stated in its judgment: "We can well understand
National Grid's surprise and dismay when the Authority opened its investigation
into these agreements ... and imposed such a substantial fine".
The Tribunal found that there was no abuse in respect of our new and replacement
gas metering contracts, justifying our decision to appeal, and therefore we are
disappointed that the GBP41.6m fine originally imposed has only been reduced to
GBP30m.
National Grid Executive Director, Mark Fairbairn said: "We note the Competition
Appeal Tribunal's judgment, in which it has upheld our arguments that aspects of
Ofgem's decision were flawed. We are however disappointed that the Tribunal
found certain aspects of the legacy meter contracts, which offered lower prices
to customers than regulatory terms, were unacceptable.
"We continue to believe that our gas metering contracts have not harmed
consumers, competition or gas suppliers.We will now thoroughly review the
judgment and consider our next steps."
Additional information
National Grid Metering provides regulated gas meter and meter reading services
on behalf of gas suppliers for an asset base of around 18 million* domestic,
industrial and commercial meters. With revenues of GBP349m*, it
represents around 3% of National Grid as a whole.
The investigation related to Metering Services Agreements (MSAs). These are
domestic gas metering contracts which were freely and openly negotiated with gas
suppliers and discussed with Ofgem. They were offered to suppliers as a lower
cost alternative to the default regulated contracts.
National Grid also owns a non-regulated meter business, OnStream, which provides
rental, installation, maintenance and meter reading services for gas and
electricity meters throughout Great Britain, on behalf of energy suppliers.
National Grid is reviewing the detail of the judgement and considering the
options which could include seeking leave to appeal to the court of appeal.
* Revenues and meter numbers as at 31 March 2008.
Contacts
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Brunswick
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This information is provided by RNS
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