2011 Network access code.pdf 1 23/09/2011 09:29 Network access code

214 Pages·2011·1.91 MB·English

2011 Network access code.pdf 1 23/09/2011 09:29
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Northumbrian Water and Essex & Suffolk Water
Version 10.0
October 2011

Northumbrian Water Limited

Network Access Code

Version 10.0
October 2011

Northumbrian Water Ltd Contents
Network Access Code Version 10.0

CONTENTS

PART 1 - INTRODUCTION

1 Introduction 3
1.1 Role of the Access Code 3
1.2 Relevant framework documents 3
1.3 Structure of this Access Code 5
1.4 Role of key industry players 7
1.5 Definition of services 11
1.6 How to contact us 12

PART 2 – WHOLESALE SUPPLIES

2 Wholesale supplies 15
2.1 Introduction 15
2.2 Confidentiality Agreements 15
2.3 Operational Code and Common Contract 16

Appendices to Part 2 17
A-2.1 Operational Code 19

A-2.2 Common Contract 29

PART 3 – COMBINED SUPPLIES

3 Application for combined supply access 71
3.1 Process requirements 71
3.2 Confirming eligibility 72
3.3 Application procedure 73
3.4 Access Criteria 84

4 Legal contract, arbitration and disputes resolution 89
4.1 Contract terms 89
4.2 Arbitration and disputes resolution processes 93

5 Supply system connections 95
5.1 Connection of Licensee‟s source to the supply system 95
5.2 Connection of qualifying premises to the network 98
5.3 Connection of secondary undertaker‟s supply system to the
primary undertaker‟s supply system 99

6 Customer Transfer Protocol 101
6.1 Principles 101
6.2 Rules of behaviour 101
6.3 Data transfer 101
6.4 Registration and operational processes 102
Northumbrian Water Ltd Contents
Network Access Code Version 10.0

7 Control and balancing of supply system 103
7.1 Supply system management 103
7.2 Metering services 107
7.3 Supply system balancing 109

8 Supply system maintenance and emergency procedures 113
8.1 Diagnosis of system issues 113
8.2 Planned system maintenance 116
8.3 Unplanned system maintenance 118
8.4 Safety aspects of planned, unplanned and emergency
work 119
8.5 Emergency procedures and security 119
8.6 Customer protection 122
8.7 Support processes 122

9 Customer contact arrangements 125
9.1 Customer contact arrangements for operational queries
and complaints 125
9.2 Customer contact arrangements for emergencies and
events 127

Appendices to Part 3 129
A-3.1 Glossary of defined terms (combined suppies) 131
A-3.2 Proforma applications for combined supply access 137

PART 4 – ACCESS PRICING

10 Access pricing 169
10.1 Indicative access prices 169
10.2 Case-specific access prices 169
10.3 Indicative wholesale supply access prices 169
10.4 Indicative combined supply access prices 172

Appendices to Part 4 175
A-4.1 Indiative wholesale prices 177
A-4.2 Indicative combined supply prices 183

APPENDIX

Standard Confidentiality Agreement 199
Northumbrian Water Ltd Part 1
Network Access Code Version 10.0 Introduction

PART 1

INTRODUCTION

Northumbrian Water Ltd Part 1, Chapter 1
Network Access Code Version 10.0 Introduction

1 INTRODUCTION

1.1 ROLE OF THE ACCESS CODE

This document is the water supply system access code (the Access Code) of
Northumbrian Water Ltd (NWL). It sets out the price and non-price terms for access
to NWL‟s water supply systems in accordance with the requirements of NWL‟s
Instrument of Appointment and current guidance issued by the Water Services
Regulation Authority (Ofwat). This document applies both to NWL‟s supply systems
in the North East of England, where the company trades as Northumbrian Water and
in the South East of England, where it trades as Essex & Suffolk Water (hereafter
referred to as the North East operating area and the Essex & Suffolk operating areas,
respectively). Unless specifically stated or the context requires otherwise, all
references to NWL in this document should be taken to apply equally to the North
East and Essex & Suffolk operating areas.

This version of our Access Code supersedes all previous versions and we reserve
the right to further amend it at any time in the light of experience and events,
including changes to legislation and to Ofwat‟s Access codes guidance. As a
minimum, we will in any case review the Access Code annually in October or as
otherwise directed by Ofwat.

This Access Code does not constitute a contract for the multilateral use of NWL‟s
assets. It sets out a framework which would be used to establish terms for access, in
accordance with Section 66D(2) of the amended Water Industry Act and Ofwat‟s
Access codes guidance. Generally, such agreements are required to be case-
specific, reflecting the particular requirements of each access proposal.
Nevertheless, the terms and conditions of access agreements will reflect the
requirements of this Access Code in a consistent and non-discriminatory manner.

This version of our Access Code reflects the introduction by Ofwat in its latest Access
codes guidance of an Operational Code and Common Contract in relation to
wholesale supplies of water to licensees. Accordingly, we have restructured our
Access Code and now show the provisions in relation to wholesale and combined
supplies in separate parts of the document. As required by Ofwat‟s latest guidance,
the section on wholesale supplies, which follows this introductory section, now
consists mainly of the Operational Code and Common Contract.

1.2 RELEVANT FRAMEWORK DOCUMENTS
1.2.1 Introduction
The Water Act 2003 (WA03) does not repeal or suspend the Competition Act 1998
(CA98) and its “Doctrine of Essential Facilities”, which was previously assumed to be
the relevant legislation governing access, but it does create a framework for licensed
access to treated water networks and to discrete non-potable water networks serving
non-household customers. In particular, it prohibits access to such water supply
systems except where access is by the incumbent undertaker or a supplier licensed
by Ofwat for the purposes of supplying eligible customers.

The framework is set out in Schedule 4 of WA03, which contains the revisions to the
Water Industry Act 1991 (WIA) needed to implement the framework. Ofwat has
produced statutory guidance on access terms as required by Section 66D(4) of the

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Northumbrian Water Ltd Part 1, Chapter 1
Network Access Code Version 10.0 Introduction

revised WIA. This guidance includes, inter alia, an explanation of the framework.
Licensees applying to NWL for access will need to be thoroughly familiar with the
Ofwat guidance, which is available from the Ofwat website, http://www.ofwat.gov.uk/
(see 1.2.2 for a list of relevant framework documents)

Licensees considering making an application for a combined supply, which involves
common carriage, should also be familiar with the Drinking Water Inspectorate (DWI)
requirements for water supply and the role of DWI. General information is obtainable
from the DWI website, http://www.dwi.gov.uk/. Section 1.2.2 lists specific DWI
documents to which Licensees may need to refer.

Licensees applying for a combined supply will need to ensure that any raw water
source they intend to use is properly licensed for the purposes of public water supply.
Advice on this should be sought from the regional office of the Environment Agency,
which is responsible for abstraction licensing under the terms of the Water
Resources Act 1991. For a general appreciation of the role and duties of the
Environment Agency, combined licensees should read the Environment Act 1995, or
visit the EA website at http://www.environment-agency.gov.uk/.

1.2.2 List of relevant framework documents
i) Primary and secondary legislation
Water Industry Act 1991
http://www.legislation.gov.uk/ukpga/1991/56/contents
The Water Supply (Exceptions from Supply System Prohibitions) Regulations
2005
http://www.legislation.gov.uk/uksi/2005/3075/contents/made
The Water Supply Licence (New Customer Exception) Regulations 2005
http://www.legislation.gov.uk/uksi/2005/3076/contents/made
The Water Supply Licence (Application) Regulations 2005
http://www.legislation.gov.uk/uksi/2005/1638/contents/made
The Water Supply (Water Fittings) Regulations 1999
http://www.legislation.gov.uk/uksi/1999/1148/contents/made
Competition Act 1998
http://www.legislation.gov.uk/ukpga/1998/41/contents

ii) Statutory and non-statutory guidance
Access codes guidance
http://www.ofwat.gov.uk/competition/wsl/gud_pro_accesscodes.pdf
Guidance on Eligibility
http://www.ofwat.gov.uk/competition/wsl/gud_pro_wslelig.pdf
Guidance on Applying for a Water Supply Licence
http://www.ofwat.gov.uk/competition/wsl/gud_pro_wslappguid.pdf

Customer Transfer Protocol
http://www.ofwat.gov.uk/competition/wsl/pap_pos_wsltransport.pdf
http://www.ofwat.gov.uk/competition/wsl/pap_tec_100201ctpsupp1.pdf

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