Nabuh Energy Ltd: Provisional Order

Oct 2019
Nov 2019

On 31 October 2019, the Authority issued a provisional order to Nabuh Energy Ltd (Nabuh) in accordance with section 25(2) of the Electricity Act 1989 (EA89).

The particular behaviour of concern was that Nabuh failed to meet its Renewables Obligations (RO), because it did not produce Renewables Obligation Certificates (ROC) to the Authority by 1 September 2019, or make payments as an alternative by 31 August 2019, sufficient to discharge its RO.

In September 2019, Nabuh had provided 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 2019.

However, on 30 October 2019, Nabuh informed Ofgem that it would not be able to pay its RO in full by 31 October 2019.

The provisional order required Nabuh to make the payment of its RO, in full, forthwith.

Provisional orders are issued in certain circumstances in accordance with the statutory framework and where certain conditions are satisfied. Further information regarding provisional orders is contained within our Enforcement Guidelines.

For information relating to this provisional order, please see the Notice of reasons below published on 4 November 2019.

On 21 November 2019, the Authority made a Revocation Order in accordance with Section 25(7)(c) of the Electricity Act 1989. The Authority decided that the terms of the provisional order were no longer requisite for the purpose of ensuring Nabuh’s compliance, as Nabuh paid the outstanding sum on 8 and 15 November 2019.

The provisional order is no longer in place.