Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2023-10-27
Buyer: Commission for Regulation of Utilities
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 38551000 | 38554000 | 50411300 | 71600000 | 71621000

Technical requirements: Work on the Smart Meter Data Access Code (“the Code”) needs to be progressed in 2021 and 2022 to ensure the activities envisaged under the CEP are made possible. Requirements for the preferred Tenderer will include drafting a Smart Meter Data Access Code for consultation, supporting the work on a CRU consultation paper, developing a final version of the Code and supporting work on a CRU decision paper. It is expected that this will involve stakeholder engagement, representing the CRU at various forums and oversight of the implementation of the Code post publication.
This Code will set out certain rules for processing data from smart meters. The Code will establish which entities can use the customers’ smart meter data, for what purposes and under which conditions. It will define the purposes for which customers’ personal data can be used by ESB Networks in its’ role as the Distribution Network Operator, by Energy Suppliers who are providing a service to customers, other parties such as SEAI, the CSO for research purposes and other actors in the energy market whose role is set out in the CEP. This will include aggregators and demand side response providers. The intention is for this Code to establish a basis for market participants, including the DSO, to use meter data for network planning, real time grid management and information provision purposes.
European and international examples will inform the development of the Code for Ireland and it is envisaged that the preferred Tenderer will have considerable technical experience of the approach taken elsewhere. The Tenderer should have an understanding of energy markets and smart metering systems, particularly with defining rules for access to smart metering data of the final customer. It is preferable but not required for the Tenderer to have experience in preparing legal documents.
Work on the Smart Meter Data Access Code (“the Code”) needs to be progressed in 2021 and 2022 to ensure the activities envisaged under the CEP are made possible. Requirements for the preferred Tenderer will include drafting a Smart Meter Data Access Code for consultation, supporting the work on a CRU consultation paper, developing a final version of the Code and supporting work on a CRU decision paper. It is expected that this will involve stakeholder engagement, representing the CRU at various forums and oversight of the implementation of the Code post publication.
This Code will set out certain rules for processing data from smart meters. The Code will establish which entities can use the customers’ smart meter data, for what purposes and under which conditions. It will define the purposes for which customers’ personal data can be used by ESB Networks in its’ role as the Distribution Network Operator, by Energy Suppliers who are providing a service to customers, other parties such as SEAI, the CSO for research purposes and other actors in the energy market whose role is set out in the CEP. This will include aggregators and demand side response providers. The intention is for this Code to establish a basis for market participants, including the DSO, to use meter data for network planning, real time grid management and information provision purposes.
European and international examples will inform the development of the Code for Ireland and it is envisaged that the preferred Tenderer will have considerable technical experience of the approach taken elsewhere. The Tenderer should have an understanding of energy markets and smart metering systems, particularly with defining rules for access to smart metering data of the final customer. It is preferable but not required for the Tenderer to have experience in preparing legal documents.
In 2021 the CRU entered into a contract with Gemserv for the provision of consultancy support in relation to the development of a Smart Meter Data Access Code. The project to develop and deliver the Smart Meter Data Access Code has taken longer and involved more work than initially anticipated. There are a number of reasons for the longer timeframe, which include the timeline for the transposition of EU legislation as well as legal challenges, which required additional legal reviews to be conducted. Further to this, the responses to the initial consultation resulted in the need to conduct a second round of consultation, which was not anticipated. Finally, the pressures placed on the energy markets in 2022, as a result of the war in Ukraine resulted in the CRU needing to prioritise work in other areas at certain times. These factors could not have been anticipated at the time of the contract period being developed, but have ultimately lead to a need to modify the contract signed in 2021. The modification will extend the period of the contract to 31/03/2025 and increase the number of draw-down days that can be utilised by 100.
The project to develop and deliver the Smart Meter Data Access Code has taken longer and involved more work than initially anticipated. There are a number of reasons for the longer timeframe, which include the timeline for the transposition of EU legislation as well as legal challenges, which required additional legal reviews to be conducted. Further to this, the responses to the initial consultation resulted in the need to conduct a second round of consultation, which was not anticipated. Finally, the pressures placed on the energy markets in 2022, as a result of the war in Ukraine resulted in the CRU needing to prioritise work in other areas at certain times. These factors could not have been anticipated at the time of the contract period being developed, but have ultimately lead to a need to modify the contract signed in 2021. The modification will extend the period of the contract to 31/03/2025 and increase the number of draw-down days that can be utilised by 100.


Winner: Gemserv Ireland Limited