Final Determinations on Capacity Market Disputes 2025-2026
Summary
Ofgem published final Tier 2 determinations on Capacity Market disputes for the 2025-2026 Delivery Year. The determinations review whether the Delivery Body correctly applied Capacity Market Regulations and Rules when reaching prequalification decisions. Eleven dispute determinations were published covering companies including Capbal (Kilwinning) Limited, OakTree Power Limited, Flexion Energy Holdings UK LTD, and others.
What changed
Ofgem published final determinations resolving 11 Tier 2 Capacity Market disputes for the 2025-2026 Delivery Year. The determinations address whether the Delivery Body correctly applied Capacity Market Regulations and Rules when making prequalification decisions for electricity generation and storage facilities.\n\nAffected parties include electricity generators, solar farms, and battery storage operators who challenged Delivery Body prequalification decisions. Each determination is based on evidence available to the Delivery Body at the time of the original decision. The determinations are binding on the specific parties and establish how Capacity Market Rules should be interpreted in prequalification disputes.
What to do next
- Monitor for updates on Capacity Market dispute determinations
- Review published determinations for any relevant precedent
Archived snapshot
Apr 13, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Capacity Market Disputes: final determinations 2025 to 2026
Publication type: Decision Publication date:
13 April 2026
Topic: Electricity generation Subtopic: Wholesale markets Print this page
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Details
The Delivery Body (formally known as the Electricity Market Reform Delivery Body) assesses prequalification applications for the Capacity Market and issues decisions to applicants.
If an applicant disagrees with a decision, it can first ask the Delivery Body to review it. This is called a Tier 1 dispute. If the applicant remains dissatisfied after that review, it can ask the Delivery Body to make a formal determination. This is called a Tier 2 dispute.
Our review considers whether the Delivery Body correctly applied the Capacity Market Regulations and Rules when reaching its original decision, based on the evidence available to it at the time.
We are required to publish our Tier 2 determinations. This page is updated with determinations for appeals submitted during the 2025 to 2026 Delivery Year.
Documents
Capacity Market Appeal 2026: Capbal (Kilwinning) Limited [PDF, 256.11KB] Capacity Market Appeal 2026: OakTree Power Limited [PDF, 281.90KB] Capacity Market Appeal 2026: Northwold Solar Farm Limited [PDF, 283.72KB] Capacity Market Appeal 2026: Nextpower Rutherglen Limited [PDF, 244.48KB] Capacity Market Appeal 2026: Harmony KB Limited [PDF, 199.30KB] Capacity Market Appeal 2026: Flexion Energy Holdings UK LTD appeal 1 [PDF, 226.00KB] Capacity Market Appeal 2026: Flexion Energy Holdings UK LTD appeal 2 [PDF, 258.59KB] Capacity Market Appeal 2026: ENGIE Power Limited [PDF, 219.00KB] Capacity Market Appeal 2026: Diodes Zetex Semiconductors Limited [PDF, 200.98KB] Capacity Market Appeal 2026: Battery Box Limited [PDF, 206.95KB] Print this page
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