R (SSE Generation Ltd) v Gas and Electricity Markets Authority
[2019] EWCA Civ 1081
판결 이유
Ofgem's decisions on the methodology for allocating transmission charges are subject to judicial review on conventional public law grounds, but the court will respect the regulator's specialist expertise in technical matters.
사실관계
SSE challenged Ofgem's decision on the allocation of transmission charges, arguing the methodology was irrational and failed to take account of relevant considerations.
판결 요약
The Court of Appeal held that Ofgem's decision was lawful. The court emphasised that it would not substitute its own judgment for the regulator's on technical economic matters, but would review whether the decision was within the range of reasonable responses.
주요 인용문
"The court must respect the specialist expertise of the regulator in matters of economic assessment and technical methodology."
— Lindblom LJ
후속 처리
Part of the jurisprudence on judicial review of economic regulators.