Ofgem – Publication of Inside Information Under REMIT Article 4: Use of Thresholds and Related Practices

Why It Matters

Failure to publish timely outage data can distort price signals and expose firms to regulatory penalties, undermining confidence in the UK power market.

Key Takeaways

• Ofgem warns 100 MW threshold may hide material outage data
• Fixed MW thresholds conflict with REMIT Article 2’s inside‑information definition
• Participants must treat thresholds as advisory, not mandatory
• Ofgem and PPATs will monitor compliance and enforce penalties
• Offshore transmission owners face specific scrutiny over non‑balancing assets

Pulse Analysis

The Regulation on Wholesale Energy Market Transparency and Integrity (REMIT) was introduced to curb insider trading and ensure that all material information about electricity generation and transmission reaches the market promptly. Under Article 4, market participants must publish outage and availability data that could influence prices. While internal thresholds, such as a 100 MW volume trigger, can streamline reporting for operators, the regulator stresses that any fixed metric is at odds with REMIT’s definition of inside information, which is based on materiality rather than a static number.

Ofgem’s 15 April 2026 letter highlights concrete risks that arise when the 100 MW rule is applied rigidly. By treating the threshold as a hard stop, generators may delay publishing outages that fall just below the limit, creating blind spots for traders and potentially distorting price signals. The regulator argues that such delays breach Article 4 and undermine the market’s integrity, especially in the British power system where capacity margins can be tight. Moreover, the guidance flags offshore transmission owners and non‑balancing‑mechanism assets as areas where mis‑applied thresholds could exacerbate information gaps.

Practically, market participants are now expected to revise internal policies so that MW thresholds become advisory cues rather than decisive cut‑offs. Companies should implement automated monitoring that flags any outage, regardless of size, and escalates it for rapid publication under REMIT. Ofgem and the Power Purchase Agreement Teams (PPATs) have signaled heightened surveillance and will impose sanctions where non‑compliance is identified. Aligning reporting practices with the regulator’s guidance not only avoids penalties but also strengthens market confidence, supporting more accurate price formation and investment decisions in the evolving UK energy landscape.