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Energy Code Modification Appeals

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Utilita Electricity Limited V GEMA on Code Modification P194
CC01/06

Disclosures of interest

Peter Freeman, Deputy Chairman of the CC, plans to appoint Christopher Goodall, a member of the CC, to join the group that will be conducting this appeal, should permission to appeal be granted.

Mr Goodall has an investment of £5,000 in Westmill Wind Farm, a mutually owned wind farm under construction. He believes that Westmill has sold all its output at a fixed price for five years, and 60% for a further seven years. He believes the P194 decision will therefore not affect the income from this investment to any significant extent.

He is also a trustee of small charitable trust which holds an investment of £2,500 in this wind farm.

Mr Goodall does not believe that the matter disclosed above in relation to him will affect his ability to act impartially and independently as a member of the group.

The CC is satisfied that the investments referred to above will not affect Mr Goodall’s ability to act independently or impartially in discharging the CC’s functions in this appeal.

John Davies, the Economic Analysis Director for the appeal was, from September 1999 Until October 2003, employee and shareholder in Frontier Economics, a consultancy working for, amongst others, energy sector clients. In this and previous employment (Coopers & Lybrand – January 1994 to January 1998, London Economics – March 1998 to May 1999, Burns & Davies Consulting – May 1999 to September 1999) he worked as a consultant for a number of energy sector parties including:
Ofgem, TXU, Ofreg, Elexon, Midlands Electricity, British Energy, EdF, Electrabel, RWE, Transco, National Grid. This advice occasionally covered matters relating to the Balancing and Settlement Code (BSC) and related issues. He also provided litigation support to Denton Wilde Sapte in a matter relating to the BSC, involving eight weeks work in 2001/2002.

Neither the Commission nor Mr Davies believe that the matter disclosed above in relation to him will affect his ability to advise the Group independantly and impartially.