appeals

Latest in appeals

This week marks one year since the deadline for water companies in England and Wales to accept or reject Ofwat's final determinations for PR19. Ruth Williams delves into the final submissions to the Competition & Markets Authority (CMA) - from the appellant companies and the regulator - and recaps the arguments so far.
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The CMA has confirmed it will publish its final determinations for Anglian, Bristol, Northumbrian and Yorkshire in February instead of December. It said the high level of stakeholder interest in the appeals meant it would make full use of the time available.
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Anglian, Bristol, Northumbrian and Yorkshire Water may have to wait until February for a decision on their appeal against Ofwat's final determinations. Utility Week understands the CMA is consulting on extending the timetable to conduct as robust a review as possible
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The four water companies that appealed Ofwat's final determination for PR19 have said the Competition and Market Authority's preliminary redetermination strikes a better balance between risk and reward for investors but still doesn't go far enough towards improving the financeability of their business plans.
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Yorkshire Water has told Utility Week that notwithstanding the gains allowed by the CMA on its PR19 appeal, the regulatory settlement remains tough, particularly with the opex challenge and difficult ODIs to deliver.
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Ofwat has expressed concern that in its PR19 provisional redeterminations, the CMA has set a rate of return that is lower than that requested by the appellant companies in their business plans. Senior director David Black told Utility Week this goes against the precedent of previous cases. Read his comments and reaction from across the industry.
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The CMA is due to deliver its initial redetermination of the PR19 business plans from Anglian, Bristol, Northumbrian and Yorkshire imminently. Will it side with Ofwat or the companies on customer engagement, returns and resilience? Utility Week gauges the view of an analyst, legal expert and ratings agency.
Comment
The Competition and Markets Authority has told Utility Week it expects to hit its deadline of mid-September to deliver its first take on the appeals by four water companies to Ofwat's final determinations on their AMP7 business plans. All eyes will be on any adjustments to WACC, what value is placed on customer input and the levels of investment permitted.
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Concerns that redeterminations of water company business plans could benefit shareholders more than consumers have been raised by watchdog groups, with one suggesting firms that argued otherwise were masking “a far more important conflict” between themselves and the regulator.
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Utility Week examines Bristol Water's statement of case to the CMA in which it outlines what it sees as errors made by Ofwat in the final determination of its business plan for the next five years. It is challenging the regulators approach to cost of capital, cost allowance and balance of risk, among other areas.
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The four water companies appealing to the CMA have submitted their grounds for requesting a redetermination. As part of a short series Utility Week will explore each of their Statements of Case and the reasons for not accepting Ofwat’s final determinations. In this piece, we examine the arguments from Anglian.
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