P472 Amendment to provisions for Parties to bring claims against BSC Agents in BSC Section E
Formal title: Amendment to provisions for Parties to bring claims against BSC Agents in BSC Section E
BSC Section E ‘BSC Agents’ paragraph 2.4.1 (and related provisions) allow Parties to bring claims against BSC Agents. These requirements, which have always been heavily caveated, have never been used. Moreover, their benefit to Parties has gradually eroded over time. This erosion is due to the increased complexity in the delivery of BSC Agent services, resulting in the distribution of service delivery responsibilities across software developers, other Technology Services Providers, and BSC Agents.
It was originally proposed to completely remove the obligation that BSC Agents must contractually allow Parties to bring claims against them. However, this is not proportionate to the issue and in most circumstances Elexon would expect and require BSC Agents to sign up to the existing provisions.
Therefore, the revised Proposed Solution seeks to amend BSC Section E ‘BSC Agents’ to allow Elexon to remove the requirement for Parties to be able to bring claims against BSC Agents where Elexon believes there would be value in doing so and only where the Panel agrees.