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Tuesday, 19 August 2014 07:30

Ofwat removes another barrier to competition

Water industry regulator Ofwat has announced that the 'costs principle', widely cited as creating an inefficient barrier to competition, is to be replaced.

The costs principle is used to determine the charges paid by licensed water suppliers to the water companies for a supply of water to serve their customers is to be replaced.

Currently the charges payable are fixed in accordance with the principle – which allows the water company to recover any relevant expenses reasonably incurred, together with the appropriate amount in respect of qualifying expenses and a reasonable return, from the licensee.

The amount is limited to the extent that the sums exceed any financial benefits which the water company receives as a result of the supplier supplying water to the premises of relevant customers.

The approach previously taken under the costs principle was a ‘retail-minus’ approach. To calculate an access price the water company started with the retail price to customers, subtracted any retail costs that were deemed avoidable, reducible or recoverable in some other way and then added back on any expenses of dealing with the licensee, as opposed to the customer.

Widely cited as creating an inefficient barrier to competition, the costs principle will eventually be removed from legislation under new provisions in the Water Act 2014 and replaced with a new charging regime. The regime will be based on Ofwat charging rules developed in the light of Government charging guidance - the Government has already published a set of charging principles setting the direction for the new regime.

From February 2015, when new charges are published for the provision of wholesale water and wastewater services by the water companies, Ofwat will put transparent wholesale charges in place.

The regulator intends to set access prices in line with a bottom-up wholesale charging approach in any determinations relating to non-household retail access to wholesale services referred to Ofwat from now on.

Ofwat now expects the water companies in England and Wales to consider moving away from a retail-minus approach when approached by water supply licensees for bundled access prices.

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