Part 1: Nuclear Energy Generation Projects: Regulated Asset Base Model Section 10: Decisions relating to allowed revenue of relevant licensee nuclear company: appeals to CMA
This section sets out the circumstances under which a relevant licensee nuclear company can make a reference to the Competition and Markets Authority to appeal certain decisions made by the Authority relating to its allowed revenue.
	Subsection (1) makes clear that this section only applies where a relevant licensee nuclear company’s electricity generation licence contains explicit provision, by virtue of section 6(5)(g), enabling the company to refer decisions of the Authority falling within section 10(3) to the CMA. For the purposes of such appeals, subsection (2) applies the existing framework in the Electricity Act 1989 applicable to appeals to the CMA brought against decisions of the Authority to proceed with the modification of a condition of a licence under section 11A of that Act.
	Subsection (3) sets out the types of decisions that fall within this section. More specifically, these are decisions made by the Authority during the course of its regulation of the relevant licensee nuclear company, which in the CMA’s opinion relate to the allowed revenue that the company may receive, and which the company would not be able to refer to the CMA under the existing appeal process provided by section 11C of the Electricity Act 1989. This enables a relevant licensee nuclear company to, for example, appeal a decision of the Authority which relates to the company’s allowed revenue where this has not immediately resulted in a modification to the company’s licence.
	Solely for the purposes of their application to the decisions in subsection (3), subsection (4) "amends" the relevant provisions of the Electricity Act 1989 where this is required to tailor the existing appeals processes for the purposes for the new appeal route established by section 10.