Decision paper and guidance document on network code derogations

17 February 2017

Today, the Utility Regulator (UR)  has published a decision paper and guidance document on derogations from network codes, grid codes/standards in electricity generation, distribution and transmission licences.

A derogation is a direction from the UR relieving the applicant, licensee or non-licensee from its obligation to comply with a technical standard or code which may be required by a licence or by legislation. Derogations are issued in specific circumstances and have a specified duration.

On 1 December 2016, we launched a consultation on derogations as a result of European Network Codes Regulations which require us to consult on and publish criteria for granting derogations from the provisions of the regulations. We also sought to clarify the process for granting derogations relating to technical codes and standards which generation, transmission and distribution licensees are obliged to comply under their licences. Four responses to the consultation were received and are published below:

SONI response

RES response

NIRIG response

NIE Networks response

The guidance document identifies the criteria and brings together all the requirements for submitting a derogation request and the processes we will follow when making a decision. The procedures for submission of derogation requests, which are set out in the guidance document, will take effect from 17 February 2017.

We have notified the European Commission of the criteria, as required by the Network Codes Regulations. A link to our letter is below:

Letter to European Commission