Company: National Grid Gas (NGG) (October 2011)
Gas emergency standards - investigation into compliance with Standard Special Licence Condition D10 (SSLC D10) of the gas transporter licence.
Ofgem is investigating whether NGG complied with gas emergency standards included in its gas transporter licence. In particular, Ofgem is investigating the circumstances around four NGG gas distribution network operators (East of England, North London, North West and West Midlands) failing to meet the standard for responding to 97 per cent of uncontrolled gas escapes within one hour and two of those operators (East of England and North West) for failure to meet the standard for responding to 97 per cent of controlled gas escapes within two hours during 2010-11. We are also examining steps taken by the GDNs to comply in relation to 2011-12.
Company: Northern Gas Networks (NGN) (October 2011)
Gas emergency standards - investigation into compliance with Standard Special Licence Condition D10 (SSLC D10) of the gas transporter licence.
Ofgem is investigating whether NGN complied with gas emergency standards included in its gas transporter licence. In particular, Ofgem is investigating the circumstances around a failure to meet the standard for responding to 97 per cent of uncontrolled gas escapes within one hour and to 97 per cent of controlled gas escapes within two hours during 2010-11. We are also examining steps taken by the GDN to comply in relation to 2011-12.
Company: Scottish Power (June 2011)
Investigation into compliance with the Consumer Protection from Unfair Trading Regulations 2008
Ofgem is investigating whether Scottish Power is complying with the requirements of the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs”) in relation to its online tariff, ScottishPower Direct – October 2012 Offer. In particular, Ofgem is investigating whether aspects of the marketing and promotion of that tariff and/or its Ts&Cs are prohibited under the CPRs because they amount to misleading action under Regulation 5(1) of the CPRs and/or a misleading omission under Regulation 6(1) of the CPRs.
The CPRs prohibit traders in all sectors from engaging in, amongst other things, unfair commercial practices which mislead consumers and set out rules that determine when such commercial practices are unfair and misleading.
Company: Opus Energy Limited (May 2011)
Investigation into the reporting under the Renewables Obligation (RO) by Opus Energy Limited
Ofgem is investigating Opus Energy Limited’s compliance with the requirements under the RO for the reporting of electricity supply data to Ofgem.
The RO Orders for England and Wales and for Scotland, which are or were in place at the time to which this investigation relates, require electricity suppliers to report to Ofgem, by 1 July each year, all electricity supplied to customers during the preceding compliance period (from 1 April to 31 March).
Company: Wales and West Utilities (May 2011)
Investigation into compliance with obligations on regulatory reporting under the gas transporter licence
Ofgem is investigating Wales and West Utilities’ (WWU) compliance with obligations on reporting of information to Ofgem on WWU’s mains replacement programme under its gas transporters licence. These obligations include those under Standard Special Conditions A26 (Provision of information to the Authority), A30 (Regulatory Accounts), A40 (Price control review information), D9 (Transportation activity incentive scheme and performance reporting) and Special conditions E2B (Restriction on revenue in respect of the Distribution Network transportation activity), E3 (Allocation of revenues and costs for calculations under the price control in respect of the Distribution Network), and E6 (Information to be provided to the Authority in connection with the transportation system revenue restriction in respect of the Distribution Network) of its gas transporter licence.
(From 1 April 2008, due to amendments following the gas distribution price control, the relevant requirements referred to in part E2B, E3 and E6 are now held in Special conditions E5 (Mains and services replacement expenditure adjustment), E17 (Allocation of revenues and costs for calculations under the price control) and E20 (Revenue reporting and associated information to be provided to the Authority in connection with the distribution network transportation activity revenue restriction).
Company: E.ON (March 2011)
Investigation into misreporting of the distribution of compact fluorescent lamps (CFLs) (Article 16(1)(a) of the Electricity and Gas (Carbon Emissions Reduction) Order 2008)
Ofgem is investigating the accuracy of information provided by E.ON regarding the way in which it has met obligations on limiting carbon emissions by distributing free light bulbs.
Article 16(1)(a) requires that an energy supplier must provide to the Gas and Electricity Markets Authority information relating to:
(i) its proposals for complying with any aspect of the carbon emissions reduction obligation; and
(ii) whether the supplier has complied with those obligations.
Company: Scottish Power (March 2011)
Investigation into compliance with obligations under the gas and electricity supply licences (Standard Licence Condition 27.2A)
Ofgem is investigating whether Scottish Power are complying with the requirements of condition 27.2A of their gas and electricity supply licence.
Condition 27.2A requires that any difference in the terms and conditions between different payment methods must be reflective of the costs to the supplier of those different methods. The investigation has been launched in relation to the significant difference between Scottish Power’s standard and direct debit tariffs.
Company: MA Energy Ltd (February 2011)
Provisional order in relation to compliance with obligations under the supply licence (standard licence condition 11)
A provisional order has been made against MA Energy on 2 February 2011 in relation to the company's compliance with obligations under its licence and industry codes in relation to the purchase of electricity and other matters.
Company: npower, Scottish Power, Scottish and Southern Energy, EDF Energy (September 2010)
Investigation into compliance with obligations under the gas and electricity supply licences (Standard Licence Condition 25)
Ofgem is investigating whether npower, Scottish Power, Scottish and Southern Energy, and EDF Energy are complying with obligations under standard licence condition 25 with respect to telephone and face-to-face sales activities.
By way of background, following the Energy Supply Probe – link opens in a new browser window, Ofgem put in place a new version of standard licence condition 25 with a view to helping domestic customers make well-informed decisions in response to telephone and face-to-face sales activities. In particular, there are new requirements for domestic suppliers to provide estimates and comparisons during face-to-face sales activities (with effect from 18 January 2010) and to secure the achievement of an objective in respect of both face-to-face and telesales activities (with effect from 21 October 2009). In summary, the objective requires domestic suppliers to take all reasonable steps to ensure information provided is complete and accurate, understandable, appropriate and not misleading, and that sales activities are conducted in a fair, transparent, appropriate and professional manner.
Company: EDF Energy (December 2010)
Investigation into compliance with the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (the “CHSR”)
Ofgem is still investigating whether EDF Energy has breached these regulations. The investigation has now been extended to consider whether EDF Energy’s customer contact centre is complying with the requirements of the CHSR and other related obligations. Regulation 7 of the CHSR requires that suppliers (a) receive, handle and process consumer complaints in an efficient and timely manner and (b) allocate and maintain such level of resources as may reasonably be required to enable it to do so.
Company: British Gas and npower (July 2010)
Investigation into compliance with the Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008 (the “CHSR”)
Ofgem is investigating whether British Gas and npower are complying with the Consumer Complaints Handling Standards. Since October 2008 energy suppliers and network operators have had to meet strict regulations on handling customer complaints. The standards are designed to provide effective protection for customers and comprise a number of key requirements to which these companies must adhere when a customer makes a complaint. Ofgem’s latest research - link opens in a new browser window suggests that customers are still largely dissatisfied with the way suppliers handle complaints.
Company: Electricity North West Limited (January 2009)
Investigation into alleged abuse of a dominant position by Electricity North West Limited
Ofgem is investigating allegations of abuse of a dominant position by Electricity North West Limited (“ENW”), under section 18 of the Competition Act 1998 (the Chapter II prohibition). The allegations relate to the terms imposed by ENW on independent networks connecting to ENW’s pre-existing network; and whether these terms foreclose the market to competitors in the area in which ENW is the incumbent Distribution Network Operator.