Publications & News


FIT Tariff Changes

Changes are proposed to all the FIT tariffs. There are two consultation documents.

The first is for proposed changes to the solar PV tariff - see here. This consultation ends on 3 April 2012.

The second is for proposed changes to the tariffs for all the other technologies - see here. This consultation ends on 26 April 2012.

In each case a degression arrangement for the entire FIT-period is proposed. Below are the tables showing what the changes will be (in the case of solar there are three options moving forward).

December Changes to PV Solar

The changes to the FIT Tariff for solar PV proposed by Government for last December are below.

Table

April Changes to PV Solar

Further changes are proposed for solar PV from next July until the year end 2015.
They are Option A or Option B or Option C – the resultants tariff tables are below.

Option A

Table

Tariff Pt 7: applies from 1 October 2014, or 2 months after total deployment since 1 April 2012 exceeds 2542 MW (whichever of these dates is earlier)

Tariff Pt 8: applies from 1 April 2015, or 2 months after total deployment since 1 April 2012 exceeds 3542 MW (whichever of these dates is earlier)

Option B

Table

Option C

Table

October Changes to Non-PV Technologies

Table

Tariffs up to 2020

Table


25 January 2012


Note: Previous News items below or click  here

Articles & Blog

You can also read the articles below in our blog by clicking here  

Articles published to date:

November 2011 - The End of Solar?
   
October 2011 - What Renewable Heat Incentive?
   
August 2011 - What’s Happening to the FIT Scheme?
   
July 2011 - Can Government Keep the FIT Changes?
     
June 2011 - Funding Renewables
 
March 2011 - Where’s the Incentive in the Renewable Heat Incentive?
 
February 2011 - EMR Capacity Mechanism Presentation
 
December 2010 - Fundamental Market Reform
 
November 2010 - Slimming FITs and Stealth Taxes
     
October 2010 - Squeezing FITs
   
September 2010 - What's Happened to the RHI?
   
August 2010 - Wrong-Footing the CRC
   
July 2010 - Filling the Energy Gap
   
May 2010 - Delivering Nuclear Power
   
April 2010 - Saying Yes, But Meaning No
   
March 2010 - The Shape of Things To Come
   
February 2010 - How to Get It Really Wrong
   
January 2010 - It's Not a Treaty Guv, Honest
   
December 2009 - Price Cap, Price Control and Income Distribution: The New Energy Bill
   
November 2009 - CCA Locking the Stable Door
   
October 2009 - CCA Inappropriate Behaviour
   
September 2009 - Black Holes & Illegal Acts
   



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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:
  1. 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
  2. having been granted leave, its appeal would be heard and the Court would retire without giving judgement;
  3. that judgement would be given on 20 January; and
  4. 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
 

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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Stop Press – Judicial Review 

At the last count 11 companies had combined to apply for judicial review of Chris Huhne’s decision to have an early review of the FIT (feed-in tariff) as it relates to solar PV. More are expected to join, or to consider joining.

See these articles for a breakdown of the details:

> Businessgreen.com 'Solar firms file judicial review feed-tariff cuts'

> Guardian.co.uk: 'Solar legal action feed-in-tariffs'

> Farmersguardian.com: Solar companies to challenge subsidy review in court'



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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