R (on the application of Peak Gen Top Co Ltd and others) v Gas and Electricity Markets Authority

Electricity – Supply. The defendant Ofgem's approval of changes to the use of system charging methodology in the Connection and Use of System Code had not failed to take account of material considerations and/or facts, particularly, the impact of small embedded generators on long-term avoided marginal costs. The Administrative Court, in dismissing the claimant small embedded generators' application for judicial review, further held that the decision had not been contrary to the EU principle of non-discrimination.