ACER calls for improvements in the Network Code on Forward Capacity Allocation

On 18 December 2013, ACER adopted its opinion on the Network Code on Forward Capacity Allocation. The Agency recognises ENTSO-E’s effort to align the Network Code to the Framework Guidelines and Regulation (EC) No 714/2009 and to involve stakeholders through a transparent process, maintaining a good level of stakeholder involvement. The Agency acknowledges the significant efforts of ENTSO-E to define the requirements and responsibilities of Transmission System Operators and other entities performing the functions within coordinated long-term capacity calculation, allocation and nomination in general. However, the Network Code submitted by ENTSO-E to the Agency on 1 October 2013 is in some aspects not in line with the Framework Guidelines and the objectives stated therein, and lacks ambition regarding the implementation horizon. ACER has requested several amendments to the Network code to ensure full alignment with the Framework Guidelines as well as consistency with other electricity network codes. In particular, the two following aspects are of concern: the deadlines set to implement terms and conditions or methodologies and the firmness regime. ACER considers that these suggestions can be addressed by ENTSO-E within a short period of time, in order for the Agency to recommend the Network Code for adoption to the European Commission.