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Click to edit Master title Open Water Legal workshop – 28 January 2015 Shepherd & Wedderburn LLP.

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Presentation on theme: "Click to edit Master title Open Water Legal workshop – 28 January 2015 Shepherd & Wedderburn LLP."— Presentation transcript:

1 Click to edit Master title Open Water Legal workshop – 28 January 2015 Shepherd & Wedderburn LLP

2 Click to edit Master title Overall work programme Working collaboratively – DEFRA, Companies, OFWAT, Programme Codes recommended by Programme – OFWAT makes codes subject to any ministerial direction DEFRA Commencement Charging guidance Exit regulations CMA appeal rights Companies Decisions on overall structure and approach to the retail market Data preparation, cleansing and alignment with Data Transaction Catalogue Systems procurement, design, development and testing Assurance activities Wholesale tariffs

3 Click to edit Master title Overall work programme Ofwat Market Design/policy review e.g. eligibility, interim supplier code, interim governance Charging – wholesale/retail charging, access pricing, charging rules Licensing – design and transition, giving effect to market documents, consultation in parallel with MAP 3 Programme Developing the codes and agreements required to support retail market reform Developing and setting up the enduring Market Operator Carrying out the central systems procurement Collaborative approach with companies through consultations and workshops

4 Click to edit Master title Market documents – the story so far Developing the agreements, codes and processes required to underpin retail market reform MAP 1 – July 2014 – initial outline of arrangements Summer/Autumn 2014 – consultation workshops, constructive feedback and engagement with companies MAP 2 – December 2014 – legal architecture and draft Wholesale-Retail Code, Market Arrangements Code, Wholesale Contract Consultation response date for detailed comments on market documents – 11 February 2015 Part E operational terms update Other comments on MAP 2 – 2 March 2015

5 Click to edit Master title Market documents – what’s next? Workshop today to provide an overview of current thinking and documents with a legal focus Facilitate your work in developing consultation responses and/or in supporting strategic decision making within businesses Further Open Water workshops 29–30 January – walk through MAP 2 concepts, structures and material 25–26 February – present new material under preparation for MAP 3 24–26 March – Open Water thinking in response to comments received on MAP2 consultation

6 Click to edit Master title Market documents – what’s next? MAP 3 early May complete any gaps identified in MAP2 develop any new required CSDs – e.g. understand and accommodate wholesale tariffs published on 2 February address consultation responses MAP 4 late September 2015 incorporating final technical detail and feedback from IT systems vendor baselined for market opening to allow companies and MO to continue with their preparations

7 Click to edit Master title Legal overview Tools available to support introducing rules and processes Joint working with Tom Sharpe QC Appendix 2 of MAP 2 Time for consultation, engagement and feedback Next steps/implementation – DEFRA/OFWAT/Open Water Commencement Interaction with retail exit Wholesale tariffs and charging guidance and rules Licensing framework

8 Click to edit Master title Legal overview Acts Charging Guidance Charging Rules Wholesale Tariff Document Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Interim Supply Code Appointment Exit Regs CMA Regs IS T&Cs MO C C C Wholesale Retail Undertaker P&D s BTOTMT CSDs Forms Other

9 Click to edit Master title Legal overview Key People and companies Legislation (primary and secondary) Licences and appointments Statutory codes and contracts Documents relating to wholesale charges Multi-lateral contract

10 Click to edit Master title Legal overview Licensed Retailer C C C Undertaker

11 Click to edit Master title Legal overview Licensed Retailer MO C C C Undertaker

12 Click to edit Master title Legal overview Acts Licensed Retailer Exit Regs CMA Regs MO C C C Other Undertaker

13 Click to edit Master title Legal overview Acts Licensed Retailer Appointment Exit Regs CMA Regs MO C C C Undertaker Other

14 Click to edit Master title Legal overview Acts Licensed Retailer Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other

15 Click to edit Master title Legal overview Acts Licensed Retailer Licence Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other

16 Click to edit Master title Legal overview Acts Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other

17 Click to edit Master title Legal overview Acts Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other

18 Click to edit Master title Legal overview Acts Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other P&D s BTOTMT CSDs Forms

19 Click to edit Master title Legal overview Acts Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker Other P&D s BTOTMT CSDs Forms

20 Click to edit Master title Legal overview Acts Charging Guidance Charging Rules Wholesale Tariff Document Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker P&D s BTOTMT CSDs Forms Other

21 Click to edit Master title Legal overview Acts Charging Guidance Charging Rules Wholesale Tariff Document Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Appointment Exit Regs CMA Regs MO C C C Wholesale Retail Undertaker P&D s BTOTMT CSDs Forms Other

22 Click to edit Master title Legal overview Acts Charging Guidance Charging Rules Wholesale Tariff Document Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Interim Supply Code Appointment Exit Regs CMA Regs IS T&Cs MO C C C Wholesale Retail Undertaker P&D s BTOTMT CSDs Forms Other

23 Click to edit Master title Legal overview Acts Charging Guidance Charging Rules Wholesale Tariff Document Wholesale-Retail Code Licensed Retailer Licence Wholesale Contract Interim Supply Code Appointment Exit Regs CMA Regs IS T&Cs MO C C C Wholesale Retail Undertaker P&D s BTOTMT CSDs Forms Other

24 Click to edit Master title Discussion session Overall legal architecture Statutory Code – Wholesale-Retail Code and Wholesale Contract Market Arrangements Code MO membership and board/constitution Panel set up and membership and change process MO budget and sharing

25 Click to edit Master title Some key themes Company decisions on structure – legal architecture includes factors that will influence those decisions Statutory code plus a multilateral Market Arrangements code – regulated access Ofwat’s developing licensing strategy and approach and the developing Exit Regulations Treatment of legally integrated companies Termination, default, disputes and liability Decision to separate/exit or remain legally integrated is key Moving forward Companies will be involved in MOSL and any enduring MO set up and constitution, interim governance and Board/panel elections Wholesale contract signing and the transition to market opening Data issues

26 Click to edit Master title Next steps Supporting companies in their consultation responses – 11 February and 2 March Working collaboratively with companies as we move from defining rules towards implementation Contact and queries: Stephen Beddoes, Ofwat – Thank you Gordon Downie Regulation/legal architecture Liz McRobb Codes and processes lead and market terms Fiona Parker Regulation/legal architecture and operational terms Joanna Boag-Thomson Wholesale contract/ business terms and procurement


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