This page details the possible steps to identify and address non-compliance with the BSC.
Responsibilities of Parties and Agents
Parties and Party Agents are responsible for ensuring they meet the obligations set out in the Code and Code Subsidiary Documents (CSDs) such as the BSC Procedures (BSCP). Suppliers and CVA Registrants are also responsible for making sure their appointed Agents act in compliance with the Code.
Elexon expects all Parties and Agents to have robust processes in place to identify and rectify potential non-compliances. We may also notify Parties or Agents of non-compliances identified through the detective Performance Assurance Techniques such as the BSC Audit, Performance Assurance Monitoring (PAM) and Technical Assurance of Metering (TAM).
Supporting compliance through remedial actions
Elexon uses the remedial Performance Assurance Techniques to support Parties and Agents to return to compliance with the Code.
Making a plan to return to compliance
If you are not in compliance with the Code, you must put in place a plan to return to compliance as soon as possible. Parties and Agents with an Operational Support Manager (OSM) should keep them updated of their plans and progress.
If we decide you require additional support, or if there is a significant risk to Settlement, we may work with you to agree a set of actions and a timescale to correct an identified error or failure. This is referred to as ‘Error and Failure Resolution’ (EFR).
What happens if you fail to return to compliance
If you fail to make sufficient progress towards rectifying a non-compliance, you may be escalated to the Performance Assurance Board (PAB) or BSC Panel.
The Panel may decide to:
- issue a public notice informing the industry of your continued non-compliance with the Code
- (if you are a BSC Party) place you in Default, potentially restricting your ability to take on new business
- (if you are a Party Agent) remove your Qualified status, or require that you undergo re-qualification, preventing you from taking on new business and potentially removing you from the Market entirely
Supplier Charges
Each month, we can charge Suppliers who fail to return enough actual metered data into Settlement and redistribute the money to other Trading Parties to mitigate the impact of estimated volumes
Trading disputes
Suppliers that identify errors in their Settlement data that have passed the “fluid period” for amendment (currently ~14 months) or may adversely affect their ability to continue trading can raise a Trading Dispute to request permission to make changes outside of the normal process of Reconciliation Runs.
Trading Disputes must be raised by certain deadlines and pass a certain “materiality” (pounds and pence) threshold before they can be considered by the Trading Disputes Committee (TDC), a sub-Committee of the BSC Panel. The TDC then decide whether to grant permission for these changes to be made.