Previous News Items
Latest PV news... DECC loses appeal
Chris Huhne on Court of Appeal
decision on Feed-in Tariffs
Energy and Climate Change Secretary Chris Huhne said:
"The
Court of Appeal has upheld the High Court ruling on FITs albeit on
different grounds. We disagree and are seeking permission to appeal to
the Supreme Court.
“We have already put before Parliament
changes to the regulations that will bring a 21p rate into effect from
April for solar pv installations from 3 March to help reduce the
pressure on the budget and provide as much certainty as we can for
consumers and industry.
“We want to maximise the number of
installations that are possible within the available budget rather than
use available money to pay a higher tariff to half the number of
installations. Solar PV can have strong and vibrant future in UK and we
want a lasting FITs scheme to support that future and jobs in the
industry.”
Read the press notice here
25
January 2012
|
Feed-in Tariffs update
On
19 January DECC laid before Parliament draft licence modifications
which, subject to the Parliamentary process set out in the Energy Act
2008, makes provision for a reduced tariff rate (from 1 April 2012
onwards) for new solar PV installations with an eligibility date on or
after 3 March 2012 under the Feed–in Tariffs scheme (FITs).
Read the press notice here
Read the full written ministerial statement on the DECC website here
20
January 2012
|
The Solar PV Appeal by DECC
Nothing has gone to
plan.
Friday 13 January was to be the day on which:
- DECC
would apply for leave to appeal against the decision of the High Court
that (in sum) it acted illegally in proposing to cut the
solar
FIT tariff by the amount and in the timeframe it proposed; and
- having
been granted leave, its appeal would be heard and the Court would
retire without giving judgement;
- that
judgement would be given on 20 January; and
- finally,
on 30 January, DECC would publish its plans for the future, taking
account of the Court’s judgement.
The
court hasn’t yet taken the first decision. A DECC spokesman said: "The
Court of Appeal has not yet decided whether to give permission for an
appeal or made a judgement on the FITs case. The Court will wrap up the
decision on permission for an appeal and a possible judgement if an
appeal is allowed in the next few weeks.”
A decision is expected now on 9 February.
A copy of the argument by DECC has been released here.
13
January 2012
|
News on Solar FITs
Judicial Review and Appeal
On
21-22 December there was a judicial review hearing concerning the
legality of DECC’s proposed reduction of the solar PV FIT tariff. DECC
lost the case and (4 January) lodged an appeal.
There will be
two appeal hearings: one hearing seeking permission to appeal and, if
leave is granted, one hearing for the appeal itself. The hearing(s)
will be held on 13 January with the decision published on or about 20
January.
If DECC wins, it aims to publish its response to the FIT consultation
(which is the subject of the appeal) and
the long-awaited Phase 2 Comprehensive Review (the review that will
deal with everything other than solar PV) on or about 30 January.
The Future
for FITs
DECC
has said that the content of the Phase 2 consultation depends on the
appeal and on how much solar PV has been installed since 12 December.
What that means is that support for all the different technologies
depends on how much of DECC’s solar PV budget is left and on how much
DECC can ‘recoup’ from other FIT technologies. The Minister (Greg
Barker) told Business Green that the budget for 2011-2012 has been
exceeded; most believe it has been exceeded for the 2012-2013. The REA
suggests this could mean the tariff for all post April 2012
PV systems will fall to 9p kWh (equivalent to 2ROCs).
Supreme Court
Appeal
If
DECC loses its appeal it may appeal to the Supreme Court. If it does
so, timing is unpredictable: it would be a path-breaker appeal.
21p Tariff
DECC
has provided one bit of certainty in saying: “The tariff rate for PV
installations less than or equal to 4kW will not fall below 21p for
installations with an eligibility date between 12th December 2011 and
31st March 2012.”
6
January 2012
|
Delays to FIT Cuts?
In
November two solar companies, Solarcentury and HomeSun, together with
Friends of the Earth, joined together as Applicants to seek judicial
review of the legality of the Government’s intentions to cut the FIT by
half as from 12 December.
Yesterday, 15 December, the High
Court granted permission to the Applicants and, saying the case was
urgent, has set a hearing date of 20-21 December next week.
The
judge hearing the application, Mr Justice Mitting, said the proposed
cuts had given rise to “economic risk” for those engaged in the solar
industry and the challenge should be heard as a matter of urgency.
What is at issue here is timing: no-one has any belief that the tariffs
can be made to change.
As to the timing issues, they are:
- first,
that the consultation for the changes ends after the changes take
effect – so the consultation is not a consultation at all, more a
statement of intent; and
- second,
there is a good arguable case that the changes in the tariff should
only be made at the end of a FIT Year, i.e., at the end of March/start
of April.
If the
Applicants succeed, the Court cannot simply introduce its own preferred
time. All it can do is say what the Government got wrong; it cannot
substitute its own view about what is right. That is subject to the one
proviso here: if the High Court found that the Government can only make
tariff changes at the end of a FIT year then, absent any changes in the
legislation, none could become effective until March 31.
DECC
must be expected to appeal if it loses – and that will cause delay.
Delay in cases like this is not helpful unless the provisions
complained of are suspended. Could they be suspended? They could; but
whether they will be cannot be predicted with any certainty.
Government
seems very determined about the cuts to this scheme. Its main
justification is that we’ve run out of money. Just two weeks ago before
the Energy & Climate Change Select Committee, Greg Barker, the
Minister for Energy, said:
“One
thing I am absolutely sure …is that shifting the eligibility date to 1
April would be absolutely catastrophic”. “I have learned of numerous
schemes that have had to be cancelled as a result of the review. Some
of them are … very large schemes run by Social Housing… There is
absolutely no way that this scheme could have coped with the volume of
demand out there …”
The best reasonably possible outcome
to next week’s hearing is a fairly short delay to enable schemes that
couldn’t make it under the wire by 12 December to get there by a
slightly later date. For many schemes, that slightly later date is all
the breathing space they will need.
16
December 2011
|
Solar PV Feed-in Tariff in Parliament
The
Energy and Climate Change Select Committee and the Environmental Audit
Select Committee are preparing a joint report into solar feed-in
tariffs and DECC’s management of the scheme. It is likely to be quite
sparky.
The Committees, in considering all the obvious issues,
invited written submissions and received a stupendous 61 responses. One
submission referred to the ‘DECC policy of “watch and panic”’, a
response that indicated the general tone of the written and the oral
submissions. [Link]
There
have been two public evidence sessions. In the first, the Committees
examined a number of solar companies and investors (HomeSun, Solar
Trade Association, Bath and West Community Energy and Solarcentury).
The evidence was fairly consistent that cuts could have been – should
have been – made, but not in the way DECC managed them.
The
Committees then examined, rather snappily and suspiciously, two senior
officials from DECC and the Energy Minister, Greg Barker. This little
spat between Moira Wallace from DECC and Barry Gardiner from the Energy
& Climate Change Committee indicates the underlying tone:
Moira Wallace:
I think you are assuming we are trying to mislead you and what we are
trying-
Barry Gardiner:
That is not hard.
Moira Wallace:
I know that.
[Link]
On
1 December there was a further public session, examining Chloe Smith,
Minister at the Treasury and Jonathan Mills, Treasury Director General,
Energy, Environment and Agriculture. The Minister went out of her way
to ensure the Committees knew that the budget, the changes, the figures
and the future were all matters for DECC and none of these things were
the responsibility of or could be blamed upon the Treasury. [Link]
13
December 2011
|
Impending Reports, Consultations,
Announcements
December 2011
- Publication
of final proposals for a capacity mechanism
- Provision
of details of institutional framework to deliver EMR
- Ofgem
decision on increasing the liquidity of wholesale electricity markets
- Publication
of revised regulation for electricity interconnection
- Publication
of outline process for nuclear plant and timetable
- Legislative
and policy framework for nuclear in place
- Publication
of statutory guidance re nuclear waste
- Finalising
pricing mechanism for disposal of higher activity waste
- Government
response to Dr Mike Weightman’s final report on lessons learned at
Fukushima
New Year –
Spring 2012
- Publication
of CfD FIT Tariff
- Government
to launch a new CCS selection process
- Publication
of Ofgem final proposals on electricity retail market reform
- Aviation
Investment Fund Company to agree a plan with government to resolve wind
farm problems
- Publication
of Bioenergy Strategy in early 2012
Spring 2012
- Ofgem
report on incentives beyond those in its Significant Code Review to
avoid gas deficit emergencies
- Update
of estimates of shale gas resources
- Decisions
for the ROC scheme up to 2017
- UK
Green Investments to fund green infrastructure projects and energy
efficiency
Summer 2012
- First
electricity systems policy document
Autumn 2012
- Ofgem
annual Connect and Manage monitoring report
- Green
Deal opens
- Sometime
in 2012
- EU
rules to be agreed re compensation for indirect impacts of
the EUETS on electricity costs
- Government
policy for decarbonising heat
- Proposals
for reform of the community benefit regime
- Proposals
for removing barriers to district heating
2013
- Carbon
Price Floor starts
- Increase
in CCL discount for Climate Change Agreements to 90%
- Opening
in January of scheme for compensation for EUETS on electricity costs
capped at £110m
- Final
decisions on new nuclear applications
- Office
of Nuclear Regulation
2014
- EMR
legislative framework for future energy generation to be in place
- The
first CfD FITs available
- Choice
of support scheme for new renewable generation available
- Start
of development of communications and data infrastructure for smart
meters
2017
- ROCs
scheme closes 31 March – CfD FITs takes over
2019
- Complete
roll-out of smart meters
General
- Introduce
powers to import/export renewable energy
- Drive
down the cost of offshore wind to £100 per megawatt hour by 2020
05
December 2011
|
More on the Cuts to the FIT for Solar PV
Speaking
at a conference today, a spokesman from DECC conceded that the original
modelling of the solar PV FIT scheme had been mistaken and that these
mistakes were the primary cause of failed expectations about the growth
of solar PV.
So far as the future is concerned, he elaborated on some of the points
made in the consultation published last week.
- There
will be a new rule requiring the building to which solar PV is fitted
to be energy efficient before the full FIT can be earned. The rule will
apply from 1 April 2012 to domestic properties, but DECC will consider
its application to other properties.
- There
will be a ‘penalty’ against multi-ownership – only 80% of the new,
reduced FIT can be earned on more than one property owned by the same
entity. There has been a feeling that social housing will be exempt.
The growth of domestic PV has been at its greatest in social housing
and it will be stopped so far as possible by the reduced tariff – so
there will be no concessions for social housing, even though there
might be concessions for commercial schemes.
- The
date of 12 December will not be deferred. The DECC budget is running
out and the growth in solar PV must be halted. If it can’t be slowed
substantially it will be cut.
Curiously,
despite all the measures to stop solar PV in its tracks (for the
moment), DECC seems to be optimistic about its future.
09
November 2011
|
New Solar PV Changes
The
FIT tariff is to be reduced again by half for some schemes; multi-owned
schemes will get a further FIT reduction and all buildings supplied
with solar PV must have energy efficient measures in place. The main
measures will be in effect by 12 December. The consultation ends 23
December. Click here for the DECC FIT Scheme
Consultation document and here for
the Impact Assessment
10
October 2011
|
New Solar Rules
On
18 October the new FIT Order that changes the rules applying to
extensions will come into effect. Fom that date onward it will not be
possible to treat two schemes built on the same site within 12 months
of each other as the same scheme so as to enable them both to get the
tariff available for the first scheme.
At
the same time (or earlier) we expect to be told the outcome of the
Comprehensive Feed-in Tariff Review – it was due to complete by the
year end. It is rumoured that the FIT tariff will change yet again.
That much is expected. What will matter will be when the tariff
changes.
Renewable Heat Incentive
The
RHI is off, yet again and yet again it is due to be back on ‘shortly’.
If that is true it will be the first time in the history of the RHI,
which has been continually deferred until just some short time or
another for eighteen months. If it is to be back on soon it will either
be because the rules have been re-written to comply with EU
requirements (and got through Parliament) or because the Treasury has
backed down and agreed to the level of subsidies proposed. It has been
suggested that the RHI might be done and dusted by the end of November.
Who knows, it might: but that means the rules are to be re-written and
got through both houses of Parliament in six weeks. That might not
quite make the records, but it’s pretty tight. See here.
Renewable Obligation
DECC
has announced that the level of the RO for 2012/13 has been set by
headroom and will be 0.158 ROCs/MWh in England, Wales and Scotland and
0.081 ROCs/MWh in Northern Ireland. See here.
10
October 2011
|
Our Response to the Consultation on a change to
the rules on the treatment of extensions to installations under the GB
Feed-in Tariffs scheme
Do you agree
or disagree with the proposal to take steps to amend the extension
rules?
We disagree
with the proposals
1. We are disturbed at the manner in
which DECC has approached amendment of the extension rules and it is
that, the administration of policy rather than its formulation, that
causes us most concern.
2. Although that is so, we are of the
very firm view that changing the rules so soon after the start of the
FIT scheme will have - and already has had - a substantial and adverse
effect on investor confidence.
3. We believe that this situation of
regulatory risk is significantly worsened by DECC's reasons for the
change.
4. DECC's reasons are set out in the
Impact Assessment accompanying the Consultation.
4.1. Paragraph 22 of the Evidence Base of
the Impact Assessment outlines the savings to be achieved by the
proposed change:
"DECC estimates that around eight projects are currently contemplating
making use of the loophole, amounting to around 40MW of large scale
solar. If the 8 projects are originally built at 100kW each, then
avoiding their extension to 5MW each would save approximately £190m
(2011 prices, discounted) in resource costs over the 25-year lifetime
of the projects."
It is noteworthy that "resource costs" is defined by the Impact
Assessment as the costs to the economy of deploying solar PV as
compared to the costs of deploying gas CCGT. The comparison one would
normally expect to see in such circumstances – especially when trying
to maintain investor confidence the renewable power sector – would be
another renewable or low-carbon technology.
4.2 The Impact Assessment notes (at
Analysis and Evidence) that one of the effects of denying entry to just
eight 5MW schemes is to create the need to buy EUAs, thus making clear
that there will be, as a result of Government action, a gap between
outturns and the UK targets.
"If fewer
installations are able to exploit the extensions loophole, this could
lead to lower carbon savings. Based on eight 5MW projects exploiting
the loophole, closing the loophole would mean the UK needing to
purchase approximately £10m worth of EUAs (2011 prices, discounted)
over the 25-year lifetime of the projects."
5.
The conclusion to be drawn from these extracts is that we are being
told very clearly that whatever energy policy the Government holds
itself out as promoting, that policy is liable to short-term changes
for reasons entirely unrelated to it. Indeed, it tells us that such
changes may be made even if they
run counter to the policy.
6. The Impact Assessment has a little to say about investor
confidence – far too little and far too complacently, in our view:
6.1 it states (at Analysis and Evidence):
"Amending the extensions rule may have a negative impact on investor
confidence"
6.2 it also states at paragraph 17:
"There is a risk
that the proposed amendment to the extensions rule will have a negative
impact on investor confidence."
7. We see no evidence at all that any
attention has been given to the issue of investor confidence. The
references to a loss of confidence that "may" occur and to the "risk"
of loss of investor confidence are dismissals of an issue that ought to
be centre stage in any government’s assessment of changes its proposes
to make to its policies. The Consultation requires consultees
to provide reasons for their claims: we would wish that obligation to
run in both directions.
Q2: Do you
agree or disagree with the way in which it is proposed to change these
rules, as set out in the draft amendment to Article 15 of the FITs
Order?
We disagree
with the way DECC has so far approached the proposed changes to the
rules
1.
Generally
The manner in which
DECC has set about changing the rules to the FIT scheme from the outset
has had the appearance of being haphazard, with decisions appearing to
be made on the hoof and announcements made but not followed up or
announcements not being made when they should be. DECC's manner of dealing
with the entire issue up until it began to deal with the extension
rules was immensely unhelpful to developers and investors and it must
just be assumed that its capacity to deal with such issues was at an
all-time low. But its dealings with the proposal to amend the extension
rules introduces regulatory risk at a serious level.
2.
Government Promised No Retrospectivity
2.1 In March 2011 DECC published the document Consultation on fast-track
review of Feed-in Tariffs for small scale low carbon electricity
(Fast-Track Consultation) announcing that the FIT tariff for 50kW plus
solar PV schemes would reduce and the change in law would be effective
on 1 August 2011. The document asserted at paragraph 11:
"As the coalition has repeatedly stressed, the Government will not act
retrospectively and any changes to generation tariffs implemented as a
result of the fast-track review will only affect new entrants into the
FITs scheme. Installations which are already accredited for FITs at the
time the changes come into force will not be affected."
2.2 This insistence on there being no retrospectivity was first made by
the Minister Greg Clarke when, in addressing the House of Commons in
November 2010 he said:
"we will not act retrospectively".
2.3 It was made again, as indicated above, in the Fast-Track
Consultation.
2.4 It was made later as an addendum to the announcement in
June of the Government's decision following the closing of that
consultation:
"the proposed changes to tariffs would apply to all installations with
an eligibility date (as defined in Condition 33 of the Standard
Conditions of Electricity Supply Licences) on or after 1 August 2011".
2.5 And it appeared, importantly, in paragraph 3.1
of the Treasury's document The
Control Framework for DECC levy-funded Spending:
"The Government remains committed to maintaining support levels for
those existing investments where it has said it would do so and not to
making retrospective changes."
2.6 We were, we believed, entitled to believe there
would be no retrospectivity because Government promised us so again and
again.
2.7 We were wrong and the Government misled us. The
race to close off a loophole at the point at which it must have been
apparent to everyone that investment has been made on a considerable
scale – the race to prevent that investment being anything other than
wasted – is very effective retrospective action.
3.
Government Is Acting Retrospectively
3.1 On 11 April 2011, there were discussions with OFGEM about
the application of the extension rules under Article 15 of the The
Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
(FIT Order). Confirmation was being sought of the viability
of using the Order to build small-scale schemes and extend them within
twelve months to benefit from the existing FIT Tariff. OFGEM provided
that confirmation and, in doing
so, made plain that DECC was quite aware of what they both seemed to
call the ‘loophole’.
3.2 It has become plain to us that other investors
and developers were, both earlier and later than this, holding
discussions with OFGEM on a range of regulatory issues specifically
connected with extending schemes after the 1 August deadline for the
reduced Feed-in Tariff. We believe we are justified in concluding that
as a result DECC knew of these discussions and knew of the proposed use
of the extension rules – that is to say, that DECC believed a number of
developers were aiming to extend schemes in this manner as early as
April and perhaps earlier. Perhaps we can put the point
more bluntly: we know that DECC knew; Ofgem made that plain.
3.3 At the time at which the Government announced
changes to the FIT Tariff – i.e., when it announced the reduction in
the solar PV returns – then, at that time, when DECC knew about the
extension rules and knew about the proposed use of the extension rules
by developers, if it had intended to make changes it should have made
them then. Developers and investors were entitled to conclude that it
would have made them then. Or were we to conclude that the department
whose main task was renewable energy policy somehow overlooked such a
significant issue, even though it knew of it? We would find such a
conclusion impossible to draw.
3.4 Despite this, DECC claimed as late as
22 July to have had no knowledge of the intended use of the FIT Order.
It announced in the Impact Assessment (under Interventions and Options):
"Since announcing the outcome of the fast track review, there has been
evidence that some large scale solar PV developers are intending to use
provisions in the FITs legislation on the accreditation of extensions
to installations, in order to take advantage of the current tariffs
beyond 1 August 2011. This was not the intended effect of the
extensions rules and is inconsistent with the objective of the fast
track review. These provisions effectively create a loophole which,
were it to remain open, would have a considerable impact on the FITs
spending envelope and the integrity of the scheme, undermining the
intended effect of the fast track review. Government intervention is
therefore necessary to address this loophole as soon as possible."
We find the implication of this as unlikely as that the Government
never intended the use of solar PV for large-scale schemes, which it
clearly did: that evidence was with DECC as early as 11 April and quite
possibly earlier.
3.5 See also, importantly, paragraphs 4.5 and 4.6 below in
which it is made clear that DECC has no intention of adhering to its
promise that no change would be retrospective.
3.6 Had DECC taken steps to close the loophole at
the point at which it first learned of it or had it announced that it
would do so and the conditions under which it would do so, investors
and developers would have been on notice as to the nature of the risk
they ran. Most would not have taken that risk. Most would have exited
the market at that time. We are among
those who would not have invested in any standalone solar PV projects.
Government simply had to deal with the information then in its
possession and not act retrospectively.
5.
DECC's Intentional Creation of Uncertainty
4.1 From time to time during June DECC officials appeared not
to believe that the extension rules would change. There is evidence
that comfort was provided by senior DECC officials that it would not
amend the extension rules.
4.2 But on 20 July an email was sent to a small group of
people from two trade associations reporting that DECC had advised them
to advise their members that the loophole would be closed off. There
was no public statement, no indication of what would be changed or of
any means to achieve the change. Those who were not members of the
trade associations or who did not have contacts who were members would
have been unaware of DECC's intentions.
4.3 On or about 22 July a consultation was published by DECC
announcing its intention to close the loophole “as soon as
possible”. At the time of publication it is reported that the
DECC website contained a statement as to the date the amendment would
become effective: that was 31 October. The Impact Assessment contained
a similar date.
4.4 It is reported (in a recent conversation between a senior
DECC official and another that the date was subsequently removed from
the site. The Consultation made clear what was to be changed (Article
15 of the FIT Order) but it did not indicate any timescale. Thus
although it appeared at the outset that the Secretary of State had
taken steps to make plain what the law was to be and from when, the
removal of that date and, some ten days later, the localised emails,
muddied the law again.
4.5 On 2 August the two trade associations again sent an email to their
members saying that they had discussed the timing issues with DECC.
That email contained quotations from various emails with DECC lawyers,
one of which indicated:
• that the changes might be introduced by
a procedure that did not involve being laid before Parliament when in
session;
• that they could, if they wished, count
the days on which it was laid before Parliament as not merely including
days when Parliament was not present, but including weekends, too; and
• that the Ministers might introduce it
with no time for it to be laid before Parliament, with the consequence
that it would be in effect immediately. T
The lawyers also indicated that although it was a “convention” that any
minimum period required was 21 days, it was ‘merely’ a convention and
might be disregarded. Constitutionally, the latter is a disturbing
position for a British government to adopt.
4.6 On 11 August, with the assistance of the Green Economy Team at BiS,
the timetable was clarified. It appeared that it was to be entirely ad hoc and entirely
determined by how many schemes had applied to Ofgem for accreditation.
If too many applied (i.e., if the DECC PV budget was likely to be
exceeded) emergency legislation might be rushed through – but if fewer
completed the process, the more usual timetable would be applied. This is a
very clear instance of retrospective action.
4.7 By muddying the legislative timetable
and contemplating the use of enmergency legislation, DECC is making the
application of the law uncertain, and it would seem that it is intending
to do so – and further undermining investor confidence.
5.
Changing The Facts
In pursuit of its intention to keep solar PV schemes below a certain
level, the Government seems intent to re-write its own
legislative history. In the 14 July debate in the House of
Lords, Lord Marland indicated that it had never been intended that
solar PV should be large scale. Lord Whitty demurred, saying that he
had been involved in the last government in the FIT scheme and that
they had specifically wanted to encourage large-scale activities.
6.
The Amendment Proposed
6.1 DECC has made it plain that it wishes
to adjust Government energy policy to limit the subsidy costs of the
renewable budget.
6.2 It is quite apparent, as Lord Whitty
says, that the larger schemes are more cost-effective and, as the
MInister Greg Clarke recently noted in a speech, solar has a bigger
role to play than he had envisaged
6.3 It is also apparent that current
Government action will have a substantial effect on investment. The
finance community has already over the last year or so - and
more pressingly in the last months - made it plain that
Government energy policy is at an investment crossroads as a result of
the sheer amount of regulatory uncertainty it has introduced. The
nature of this particular uncertainty – that the tinkering is ad hoc, that it
runs counter to Government energy policy, that the rules are applied in
an uncertain way and that, as a result, going forward there is nothing
in energy that can be viewed as certain – all this makes the regulatory
risk of the recent actions of DECC foolhardy.
6.4 As to the alternative means of
dealing with the issue, it is noteworthy that it has arisen because all
subsidy budgets were not subsumed into a single budget by DECC at the
time of the Spending Review and that it produced separate budgets for
the FIT and for the (underspent) ROC regime. Government seems intent as
a result of hanging onto a separate Renewables Obligation budget,
whilst appearing to seek its gradual replacement by a FIT regime, of
changing its mind about what was presented as a fundamental direction
for its policy. Modification of the basic budget, combined
with a properly-managed timetable and a properly-organised plan, would
have avoided much of the mess that now confronts it. Making those
changes now will go some way to ameliorating the worst of what DECC has
brought on the Government and the renewable energy sector.
8
September 2011
|
New Solar Rules – Yet Again!
Last
week a sorry little note was produced by a couple of the renewables
associations saying that they had been told, on what appeared to be a
no-names basis, that DECC had told them – and told them to tell their
members - that it was about to change the law to choke off the capacity
of solar schemes to build extensions after 1 August and retain the
pre-1 August tariff level.
It appeared to be news to the associations that DECC had known about
this ‘loophole’ for a considerable time.
This sort of behaviour by DECC is unusual, or worse.
DECC
has now published a ‘consultation’ confirming the underhanded rumours,
saying that they aim to close off the ‘loophole’ as soon as possible.
For the consultation, see here.
Clearly
what DECC intends is to lay an order before the two Houses of
Parliament when they reconvene on 5 September. The procedure to be
followed is ‘negative’, i.e., the instrument becomes law if it is not
objected to by either House in a 40 day period. The Lords may not
object (it is a matter of the constitution). We can predict the Commons
won’t.
On
15 September each House goes into recess for more than four days (the
Commons is in recess until 10 October and the Lords until 3 October).
The rule is that the 40 day
period needs to run when Parliament is in session and is suspended
during periods of absence longer than 4 days.
27
July 2011
|
Creating and managing a demand side
response
A paper based
on a presentation given in March 2011 by David Tolley, DLT ConsultingCreating on managing a
demand side response - click here.
26
July 2011
|
Energy White Paper
The
Electricity Market Reform White Paper has been published:
Click here
It is accompanied by the Renewables Roadmap: Click here
Allen Overy also have an article: Click here
18
July 2011
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FIT Reduction Confirmed – and Expansion
Prefigured!
Minister
of Energy Greg Barker has announced the new rates of FIT tariff for
solar PV and anaerobic digestion. From 1st August 2011, new entrants
into the FIT scheme will receive amended tariff rates as originally
proposed in March:
Solar PV:
>50 kW – ≤ 150 kW Total Installed Capacity (TIC) - 19.0p/ kWh
>150 kW – ≤ 250 kW TIC - 15.0p/ kWh
250 kW – 5 MW TIC and stand-alone installations - 8.5p/ kWh
Anaerobic
digestion:
≤ 250 kW - 14.0p/ kWh
>250 kW – ≤ 500 kW - 13.0p/ kWh
The
press statement included the following claim: “Without urgent action,
the scheme would have been overwhelmed within a very short period of
time”. That was the reason we were given for the change in the first
place. See:
http://www.decc.gov.uk/en/content/cms/consultations/fit_review/fit_review.aspx
Despite
that, on the day he announced the solar FIT cut Greg Barker is reported
by the Guardian as saying "I'd like to be able to be more generous with
the large-scale projects, but I've got £860m from the spending review …
so the focus of the current scheme needs to be on the small scale, to
get the maximum number of installations. But we now need to think
creatively about how we can engage commercial-scale solar as a more
important part of the energy mix … we've got to find additional
pathways – and that means changing the way that solar is perceived in
the department." One wonders exactly who it is who runs energy policy,
since it clearly isn’t the Minister. See:
http://www.guardian.co.uk/environment/2011/jun/03/solar-energy-greg-barker.
9
June 2011
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Can you make money
while saving the planet?
A
presentation describing practical issues between you and a
profit from a 1MW (preferably) renewable scheme - click here.
2
June 2011
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Energy Market Reform
The Select
Committee on Energy & Climate Change has just published its
Report on Electricity Market Reform (Links: Vol. 1, Vol. 2).
Its main conclusions are:
- There
must be fundamental reform to break up the dominance of the Big Six
energy companies to stop them stitching up the market.
Government
proposals fail to deal with this and just tinker at the edges.
- The
mechanisms for price and capacity reform are too complex, are not
focussed, in some cases are premature - and they cost a great
deal more than is necessary.
- The
carbon floor is a straight subsidy for nuclear. There is no point
Government continuing to deny it – the upshot of the denial is a
greater spread of the subsidy in an attempt to conceal it, which is
wasteful.
The
Chair of the committee, Tim Yeo MP, said: "The Government must go back
to the drawing board and come up with a more straightforward and
coherent set of plans to reform the electricity market.”
16
May 2011
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Budget Changes
Carbon Price Floor:
to be introduced from 1 April 2013 at “around” £16 p/t following a
linear path to £30 p/t in 2020.
Climate
Change Agreements:
To be extended to 2023. The Climate Change Levy discount will rise from
65% to 80% from April 2013. There will be a consultation on
simplification proposals this summer.
Carbon
Reduction Commitment: Allowances will be £12 p/t CO2.
Draft regulations for allowance sales will be published later this year.
24
March 2011
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Feed-in Tariff Review
Proposals
to reduce the financial support available to larger scale
solar-produced electricity have been published by the Government today.
•
Press notice
•
Proposals
Renewable Heat Incentive
The Renewable Heat Incentive has been published.
> Download a copy here
> See the new tariff table here
> Compare with the old tariff table here
See this month’s article
for an assessment
18
March 2011
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Fast-Track
Solar Review
In
November Greg Clarke, in talking about solar photovoltaic projects,
informed the House of Commons that “large field-based developments
should not be allowed to distort the available funding for roof-based
PV”. He announced a review to rectify the situation inherited from the
previous government - but failed to say when it would take place and
exactly what its subject matter was to be.
We have now been provided with the answers – DECC today issued
a press statement
entitled Huhne takes action on solar farm threat in which the Secretary
of State for Energy, Chris Huhne, announced that the review had started.
The review will, it seems, be in two parts. More precisely, there will
be two reviews.
- There
will be a fast-track review of large-scale solar installations. These
are installations greater than 50kW. This review will make changes to
tariffs as soon as possible. When is as soon as possible? Like the
oft-deferred Renewable Heat Incentive (deferred yet again, this
morning) it will follow the consultation that is to be held ‘later in
the year’.
- There will also be a comprehensive review which
reports at the end of the year and which will assess tariff levels,
administration and technologies. The tariffs for this part of the
review are not expected to change until 2012 “unless the review reveals
a need for greater urgency”.
07
February 2011
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Fundamental
Market Reform
The
proposals for market reform fall in four parts: carbon price support, a
capacity mechanism, feed-in tariffs and an emissions performance
standard. Treasury is dealing with the first of these, DECC with the
remainder.
The Treasury consultation ends 11 February, the DECC consultation 10
March.
The main consultation papers and some key commentaries can be found at
the links below.
03
February 2011
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Further
Delays to the Renewable Heat Incentive
The
Renewable Heat Incentive was due to be published on 10th December. Then
it was due to be published before the end of the year – and, not long
afterwards, by early in the New Year. The date has slipped again and we
now expect it to be published in early-to-mid-February.
The
problem seems to be the inability of different government departments
(DECC and DEFRA) to agree on air quality provisions and, specifically,
on the limits to place on emissions from biomass plants.
It
seems unlikely that this can be agreed and provided for in the detail
needed in the next 2-3 weeks. Leaving to one side issues concerning
technical measurement of biomass emissions, the timetable itself forms
an obstacle to clear and speedy resolution:
- the regulations have to be published in draft
form for consultation;
- there then must follow a consultation period –
which is usually twelve weeks;
- then the regulations need to be passed into law
by a short elapse of time to become effective.
All
this suggests that the regulations would need to be published in
February if they are to be made into law for June. If that doesn’t
happen – and it probably won’t – either the RHI itself will be yet
further delayed or the issue of biomass emissions measurement will
remain unsettled, and hence uncertain, until a new set of draft
regulations and a fresh set of consultations are published.
11
January 2011
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The
Renewable Heat Incentive
We
were led to expect publication of the government’s conclusions on the
RHI scheme on 10th December (and we had reasonably hoped for them
around about the time of the Comprehensive Spending Review).
We continue to be disappointed: we now cannot expect them until “early”
in the New Year.
The continued delay is troubling.
- The
previous government drew back from implementation of the scheme because
it couldn’t reconcile itself to paying the subsidy from general
taxation.
- The current government has deferred its
decision in the past while it refined the scheme and made ‘economies’
in it.
- There are rumours that some (unspecified)
technologies are to be excluded from it.
Yet further delay is suggestive of further ‘refinements’.
22
December 2010
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PV
Field Array and Rooftop Schemes
On
11 November the Energy Minister, Greg Barker, told the House of Commons
that PV field arrays were distorting the solar market. He said:
“We
are absolutely committed to solar PV and to the widest range of
domestic and community-scale renewables, but the fact is that we
inherited a system that simply failed to anticipate industrial-scale,
stand-alone, greenfield solar, and, although we will not act
retrospectively, large field-based developments should not be allowed
to distort the available funding for roof-based PV, other PV and other
types of renewables. “
Since making that statement,
government has been active – talking to developers and trying to find a
way to cap the scheme so that it will remain within the limits agreed
with the Treasury at the Comprehensive Spending Review.
Assurances
have been given that field-array schemes already in place will be
unaffected. Those being developed run the risk of a cap being imposed
before completion and thereby of failing to qualify for FIT payments.
Other solar developments also appear to be under discussion and it is
being said both that the review of the 2013 FIT scheme will be brought
forward and that these different PV applications may also be capped.
In
consequence and until government publishes its conclusions (due before
the year-end), the time for developing these schemes with any degree of
certainty is being treated as if it were relatively short.
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The
CRC Energy Efficiency Scheme
The CRC Energy
Efficiency Scheme - previously known as the
Carbon Reduction Commitment - came into effect in
April 2010 and requires all affected organisations, including those
listed below, to register by 30 September 2010, failing which they will
be fined.
- Companies and subsidiaries
- Government departments (including hospitals)
- Private schools and universities
- State schools and local authorities
- Franchisors and franchisees
An affected organisation is one that in 2008 received some amount of
electricity through a half-hour meter settled on the half-hourly
market. How much they received will determine what kind of CRC Scheme
participant they are.
- 6,000 MWh plus annual supply - full
participants.
- 3,000 MWh plus – reporting on annual supply
- Less than 3,000 MWh – providing contact details
The fines for failure to register are hefty: £5,000 plus £500 per business
day for 80 days. There are fines for failure to register adequately and
failure to disclose information.
DECC Guidance:
Click here (opens in new window)
EA Guidance: Click
here (opens in new window)
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