- Oct 2020
- Oct 2020
On 2 October 2020, the Authority published its notice of proposal to issue a Final Order (FO) on Flow Energy Limited in accordance with Section 25(1) of the Electricity Act 1989 (EA89).
The particular behaviour of concern giving rise to the proposed FO was that Flow Energy Limited failed to meet its Renewables Obligations (RO), by failing to produce Renewables Obligation Certificates (ROC) to the Authority by 1 September 2020, or to make payments as an alternative by 31 August 2020, sufficient to discharge its RO and its RO Quarter 1 2018-19 Mutualisation payment. Flow Energy Limited subsequently failed to provide robust assurance that it could and would be in a position to make the necessary payment, including applicable interest, by the late payment deadline of 31 October 2020 and has failed to pay its RO mutualisation payment forthwith.
The Authority noted the representations received in the context of the consultation undertaken pursuant to section 26(1) of the EA89.
Flow Energy Limited has now provided sufficient assurances that it will make the RO payment for 2019-2020 by the late payment deadline of 31 October, including all applicable interest, thus ensuring compliance with its RO for 2019-2020. It will also make its RO 2018/19 quarter 1 mutualisation payment.
Therefore, on 28 October 2020, the Authority made a decision not to make a FO.