CMP473 Urgency Request Letter v2.0

Public Nadir Hafeez Ofgem By email Anthony Pygram Independent Chair CUSC & Grid Code Panel 21 April 2026 CMP473 Request for Urgency Dear Nadir Connection and Use of System Code (CUSC) Modification Panel Request for Urgency and Recommended Timetable for CMP473: Clarification of contract updates required with a Gate 2 Modification Offer. On 13 April 2026, RWE raised CMP473. The Proposer sent a request to the CUSC Panel Secretary for this modification to be treated as urgent. CMP473 seeks to clarify which updates to Existing Agreements shall be implemented. Currently, updates to Existing Agreement appendices included within Gate 2 Modification Offers lack consistent treatment, particularly in relation to a network company causing a Completion Date delay. All documentation for this modification can be located via the following link. The CUSC Modifications Panel ("the Panel") on 21 April 2026, considered CMP473 and the associated request for urgency. This letter sets out the views of the Panel on the request for urgent treatment and the procedure and timetable that the Panel recommends. The Proposer set out their rationale for Urgency against Ofgem’s Urgency criteria (a) which is as follows: a) A significant commercial impact on parties, consumers or other stakeholder(s). It is essential that connecting Users are issued with accurate offers. There is a limited window for acceptance of offers, and Users should not be expected to take on the significant commercial risk of signing inaccurate or non-compliant offers. We believe the NESO may currently be in breach of its obligations under CUSC Section 18, clause 18.14.2, and this modification should resolve any discrepancy moving forward. In order that clarity is achieved at the earliest opportunity to have effect in relation to the maximum number of Gate 2 Modification Offers still to be issued, urgency is required. Panel Consideration of the Request for Urgency The Panel considered the request for urgency with reference to Ofgem Guidance on Code Modification Urgency Criteria. The majority view of the Panel is that CMP473 does meet Ofgem’s Public Urgency criteria1. Therefore, the recommendation of the Panel is that CMP473 should be treated as an Urgent CUSC Modification Proposal. Panel members set out their rationale behind this decision: • Four Panel members agreed with the Proposer’s rationale for urgency. • One Panel member abstained from voting. • A Panel member noted that it is crucial that developers have Gate 2 contracts offered to them by the NESO are accurate. Given the time limited nature of accepting offers, it is assessed that this modification is treated as Urgent. Failure to do this could have a material impact on Users. • The NESO Panel member believes that, in particular, the status of Appendix J is currently unclear, and so this modification provides a material clarification, which has the potential to significantly impact the contractual terms agreed under a connection offer. When considered alongside the timelines for accepting Gate 2 offers, this modification therefore meets the threshold for urgency under commercial impact. Procedure and Timetable The Panel discussed an appropriate timetable for CMP473 in the instance that urgency is granted. The Panel agreed that CMP473 subject to Ofgem’s decision on Urgency should follow the attached Code Administrator’s proposed timetable (Appendix 1 Urgent recommendation). In Appendix 2 of this letter, the Code Administrator has also provided the timeline if this follows standard timescales with the assumption that Panel prioritises this high in the prioritisation stack. Panel noted that if urgency is required, there would be; o Code Administrator Consultation period of less than 15 Business Days o There would be less than 5 clear Business Days between publication of the Draft Final Modification Report and Panel’s recommendation; and o There would be less than 5 clear Business Days for Panel to check that their Recommendation Vote had been recorded correctly Under CUSC Section 8.24.4, we are now consulting the Authority as to whether this Modification is an Urgent CUSC Modification Proposal. 1 Ofgem’s current view is that an urgent modification should be linked to an imminent issue or a current issue that if not urgently addressed may cause: a) A significant commercial impact on parties, consumers or other stakeholder(s); or b) A significant impact on the safety and security of the electricity and/or gas systems; or c) A party to be in breach of any relevant legal requirements. Public Please do not hesitate to contact me if you have any questions on this letter or the proposed process and timetable. I look forward to receiving your response Yours sincerely Anthony Pygram Anthony Pygram Independent Chair of the CUSC and Grid Code Panel Appendix 1– Urgent Timeline Modification Stage Date Modification presented to Panel 21 April 2026 Ofgem decision on Urgency By 5pm on 28 April 2026 Code Administrator Consultation 29 April 2026 – 05 May 2026 Draft Final Modification Report (DFMR) issued to Panel 07 May 2026 Panel undertake DFMR recommendation vote 13 May 2026 Final Modification Report issued to Panel to check votes recorded correctly 13 May 2026 Final Modification Report issued to Ofgem 13 May 2026 Ofgem decision 20 May 2026 Implementation Date 5 Business Days following Authority Decision Appendix 2 – Standard Timeline Modification Stage Date Modification presented to Panel 21 April 2026 Code Administrator Consultation 23 April - 15 May 2026 Draft Final Modification Report (DFMR) issued to Panel 18 June 2026 Panel undertake DFMR recommendation vote 26 June 2026 Final Modification Report issued to Panel to check votes recorded correctly 29 June - 06 July 2026 Final Modification Report issued to Ofgem 07 July 2026 Ofgem decision TBC Implementation Date 5 Business Days following Authority Decision Public See separate attachment Appendix 3 – Panel Urgency Vote