For announcement of referral see Ofgem Press Notice R/91
21 August 2000
AES Fifoots Point Limited referred to the Competition Commission
Terms of Reference
1. The Director General of Electricity Supply (‘the Director’),
in exercise of his powers under section 12 of the Electricity Act
1989 (c.29) (‘the Act’), hereby refers to the Competition Commission
for investigation and report the following questions:
- whether the continuation without modification of those provisions
of the Licence granted to AES Fifoots Point Limited under section 6(1)(a)
of the Act (the "Licence") which apply in relation to the
determination of wholesale electricity prices (including the absence
of nay provision which prohibits conduct, (whether the Licence holder
is acting alone or with one or more other undertakings), which amounts
to an abuse of a position of substantial market power (whether alone
or together with its affiliated and related undertakings) operates or
may be expected to operate against the public interest; and
- if so, whether any such effects adverse to the public interest which
that matter has or my be expected to have could be remedied or prevented
by modification of conditions to the Licence.
2. The Director, in the exercise of the power conferred upon him
by section 12 of the Act, specifies in the schedules to this
reference, for the purpose of assisting the Commission in carrying out
the investigation on this reference,
- the effects adverse to the public interest which, in his opinion,
the matter specified in paragrpah 1above has or may be expected to have;
and
- modifications to the Licence by which, in his opinion, those effects
could be remedied or prevented.
3. The report on this reference shall be made no later than 1 November
2000.
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