Non-discrimination obligations: RPCA, uncommitted capacity and other matters

In October 2025, the Authority consulted on proposed Code amendments to introduce principles-based non-discrimination obligations (NDOs) for the four large gentailers. The proposed NDOs seek to address competition concerns in hedge markets arising from gentailers’ vertical integration and control of the flexible generation base.

This consultation seeks stakeholder feedback on specific aspects of the October proposal.

Firstly, a core component of the proposed Code change was introducing a six-monthly Retail Price Consistency Assessment (RPCA) that would require gentailers to illustrate the link between their retail prices and their expected cost of supply. This is to demonstrate there are no barriers to an equally efficient retailer competing with a gentailer it relies on for wholesale supply.

Subject to this consultation, the Authority expects to release its decision on the proposed Code amendments to introduce NDOs for gentailers in May 2026. However, we are consulting now on RPCA guidance so we will be better able to implement the RPCA as soon as possible – if the decision is made to go ahead with the proposed Code change. At the same time as consulting on the proposed guidance, we are also consulting on further Code amendments on RPCAs.

Secondly, the proposed NDO 1(2) requires that gentailers do not discriminate in favour of their own business units for the supply of uncommitted capacity without an objectively justifiable reason. This consultation seeks feedback on two options that we believe respond to submitters’ concerns about uncommitted capacity that arose from the previous consultation.

We are also proposing further Code changes to the proposal that gentailers are required to maintain non-discrimination policies, which specify in more detail the requirements for those policies, and changes to audit requirements.

Given this consultation, and subject to the feedback we receive, we expect to make final decisions on the introduction of non-discrimination obligations in May.

We continue to aim for 1 July 2026 as the implementation date for any new obligations and will consider the timing of various reporting obligations as part of any final decision.