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DCUSA Version 14.3 Pre-Release

DCUSA Version 14.3 Pre-Release

Please be advised that the pre-release of version 14.3 of the DCUSA containing the amendments made to the agreement by any approved Change Proposals which are due to be implemented on 23 June 2022 has been published on the DCUSA website. This document has been red-line marked against the previous version (DCUSA Version 14.2). The finalised version of DCUSA v14.3 will be implemented on 23 June 2022.

Where Can I Locate The Document?

To access the document, please proceed to the ‘DCUSA Document’ page, where you will find it in the section titled ‘Next Release (v14.3 Pre-Release Beta)

Which DCUSA Change Proposals (DCPs) Will Be Implemented?

This pre-release contains the amendments made by the following DCPs which have been approved for implementation on 23 June 2022:

  DCP Description of the change
DCP 402 ‘Amendment to the ‘Effective From’ Date of DCP 349’ DCP 402 was raised with the intent of amending the ‘effective from’ date currently set in the DCP 349 legal text, which has been approved to be implemented on 01 April 2022, from 24 June 2022 to 29 June 2023. This allows for a transition time of a minimum of 12 months for existing Suppliers to move to the new requirements.

Following on from the Authority’s Decision to accept DCP 349 ‘Effectiveness of the current provision of unsecured cover under Schedule 1’, it was noted that there was an error in the legal text in relation to the date upon which the requirements are to become effective. The DCP 349 legal text, which was implemented on 01 April 2022, included reference to 24 June 2022 as being the date from which the new requirements were to have effect from, however this should have read 29 June 2023. DCP 402 was raised as a housekeeping change to amend the legal text that was introduced by DCP 349 (Schedule 1, Paragraphs 2.13 and 2.13B) to state 29 June 2023 as the date from which the new requirements are to have effect from.

DCP 397 ‘Modification of the Load Managed Area Notice Template’ DCP 397 was raised with the intent of modifying the Schedule 8 – Demand Control, Appendix A – Load Managed Area Notice template and associated legal text, by including additional columns of useful information.

As a result of DCP 397, Appendix A of Schedule 8, which is the Load Managed Area Notice template, now to includes an additional 16 column headers, and modifications have been made to the legal text in paragraph 5.3 to describe the additional column headers.

The additional column headers have been shared and discussed with the EnergyUK working groups to ensure they provide the level of detail needed for Suppliers to better understand the Load Switching Regimes. The information in Appendix A will be available for energy Suppliers and meter operators when they are on site configuring smart meters, or any other device being used to replicate Load Switching Regimes in a designated Load Managed Areas.

DCP 386 ‘Sharing Network Information with Owners and Occupiers’   DCP 386 was raised with the intent of amending DCUSA Clause 17.10 and the National Terms of Connection (NTC) to clarify how DNOs and IDNOs may share network information with owners and occupiers.

Because of provisions within the Utilities Act, when Distributors find themselves in conversations with either landlords or tenants of the same premises they are restricted in only being able to provide information to the bill paying customer for whom they are providing a connection under the Electricity Act 1989. So where that customer is a tenant, the interpretation is that they should not discuss the affairs of that individual or business with the landlord of the premises. The information relating to the affairs of the individual or business is taken to include the Maximum Import Capacity (MIC) and Maximum Export Capacity (MEC). This stance is further evidenced by Clause 17.10.1 of DCUSA that Distributors must place in connection agreements, which states:

“The [Connectee] agrees that the [Distributor] shall, on the application of any person purporting to be an owner and/or occupier (or prospective owner and/or occupier) of the [Connected Premises], be entitled to disclose to such person the fact that this [Agreement] contains terms which differ from the terms set out in the National Terms of Connection”

This Clause reinforces the position that Distributors cannot discuss the content of any connection agreement with a landlord without consent, only the existence of an agreement and this is frustrating for landlords.

A similar restriction occurs with purchasers of premises, where for example they contact the Distributor to find out the capacity so they can assess if it will meet their requirement or whether they may wish to upgrade it or reduce it once the purchase is complete.

By adding terms into the DCUSA Clause 17.10 and the NTC to clarify that on the application of any person purporting to be the owner and/or occupier of a Premises (or prospective owner and/or occupier) who can show a reasonable cause for requiring the information, the Distributor will be entitled to disclose the MIC and/or MEC details of the Premises, together with whether the connection is constrained.

 

What Is The Purpose Of This Pre-Release?

In accordance with Clause 14.6, the Secretariat on behalf of the Panel, issue this pre-release to Parties prior to its intended implementation to allow Parties to see which parts of the agreement have been amended ahead of time.

Where Can I Find Further Information?

If you have any questions or would like to discuss any of the items in this email further, please contact the DCUSA helpdesk via:

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