Where we explore the Terminations and Appeals process
We may recommend an early termination of the Derogation for the following reasons:
An applicant wants to cancel a Derogation before the agreed expiration timescales.
The Derogation poses a greater than anticipated risk on third parties.
If an applicant does not adopt the agreed remedial measures.
The Code Manager will review the recommendation and produce a revised Derogation report to the Performance Assurance Board.
The Code Manager will keep the applicant and/or Ofgem informed throughout the process following the PAB decision.
Any decision made by the Performance Assurance Board members in consideration of a Derogation or Sandbox application may be appealed, such as decision to grant the Derogation or Sandbox Trial or its early termination.
Any REC party, including the applicant, may raise an appeal by submitting an Appeal Form available from the REC Portal here within ten working days of the publication of the meeting minutes.
The Code Manager will receive and manage appeals, seeking further information from the appealing party to support the appeal case, where required. This may be shared with the Performance Assurance Board for comment.
The Code Manager will escalate the appeal to Ofgem for review and decide to whether uphold or overturn the Performance Assurance Board decision. Ofgem may overrule a decision of the PAB and direct a different decision.