Ofwat has formally referred the requests from five companies for a redetermination of their PR24 Final Determination to the Competition and Markets Authority (CMA). The referral commences the six-month period which the CMA has to consider appeals (subject to any request for an extension).

The five companies whose requests have been referred to the CMA are:

• Anglian Water
• Northumbrian Water
• South East Water
• Southern Water
• Wessex Water

The PR24 determinations set out a record £104 billion investment funding for the sector.

Ofwat commented:

“The increase in investment means that customers’ bills will increase from 1 April; many customers are already expressing concerns about the level of increase.

“While the companies have not yet set out the details of their reasons for appealing, their initial statements highlight the need for additional funding beyond the substantial increase already allowed. This would mean a further increase in bills for customers.”

In its covering letter to the CMA Ofwat highlights that the price review was a collaborative, transparent and thorough process. Ofwat states that each company’s business plan was thoroughly reviewed, to set a package that included efficient and justified expenditure allowances, stretching but achievable performance commitments, and a fair balance between risk and return.

Thames Water requests delay to CMA referral

Thames Water requested a reference to the CMA last month, but has since asked for the formal reference to the CMA to be deferred for a period of up to 18 weeks.

Ofwat said this reflects the company’s view that further discussions could result in steps that would unlock a market-led solution for the recapitalisation of the company, including through an equity raise, without the need for the reference to the CMA.

Ofwat considers that this proposal creates the opportunity to recapitalise and transform the business sooner than is likely to be possible if the company remains in the CMA redetermination process.

“We note that following our final determination a range of potential equity investors presented proposals to lead this turnaround.

“Therefore, following discussion with the CMA, and given our view that the final determination is in the best interests of customers and the environment, Ofwat has agreed to this request”, the regulator said.

Ofwat will provide a fuller submission to the CMA once it has reviewed the companies’ Statements of Case.