Symbio Energy Limited: Final Order

Opened:
Oct 2020
Closed:
Dec 2020

On 2 October 2020, the Authority published its notice of proposal to issue a Final Order (FO) on Symbio Energy Limited in accordance with Section 25(1) of the Electricity Act 1989 (EA89).

The Authority has been in discussions with Symbio Energy Limited regarding compliance with its obligations under Article 7 of the Renewables Obligation Order 2015 and RO Quarter 1 2028/19 Mutualisation Payment.

The particular behaviour of concern giving rise to the proposed FO was that Symbio Energy Limited failed to meet its Renewables Obligations (RO), by failing to produce Renewables Obligation Certificates (ROCs) to the Authority by 1 September 2020, or to make payments as an alternative by 31 August 2020, sufficient to discharge its RO and RO Quarter 1 2028/19 Mutualisation Payment forthwith.

Symbio 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.

The FO requires Symbio Energy Limited to make a payment to the Authority in full settlement of its RO for the obligation period of 1 April 2019 to 31 March 2020, in the sum of £927,870.57, plus accrued interest, by no later than 31 October 2020 and RO Mutualisation payment of £55.80.

The Authority noted the representations received in the context of the consultation undertaken pursuant to section 26(1) of the EA89. It considered these representations carefully and concluded that no modifications were required to its findings nor to the proposed FO, other than to reflect that Symbio had then made its RO Mutualisation payment of £55.80 and reduced the RO amount outstanding to £506,308.40.

Therefore, on 28 October 2020, the Authority made the FO, pursuant to section 25(1) of the EA89, requiring Symbio Energy Limited to:

1. Make a payment to the Authority in full settlement of its RO, for the obligation period of 1 April 2019 to 31 March 2020, in the sum of £506,308.40, plus accrued interest, by no later than 31 October 2020; and

2. Notify the Authority by email to megan.pickard@ofgem.gov.uk and susan.paget@ofgem.gov.uk of such payment immediately after it has been made.

The Authority set out its reasons for making the FO in a Notice of reasons pursuant to Section 49A(1)(f) and 49A(2) of the EA89 dated 30 October 2020.

On 10 November 2020, Symbio paid its RO and ROS obligations in full. On 13 November, the Authority published its notice of proposal to revoke the Final Order imposed on Symbio on 28 October 2020. The Authority was satisfied that the Final Order should be revoked because Symbio had paid its RO and ROS obligations in full, albeit late.

The Authority gave this notice in accordance with section 26(6) of the Electricity Act 1989. Any representations or objections with respect to the proposed revocation were invited to be made to the Authority by 5pm, 10 December 2020. No representations or objections were received in response to the proposal to revoke the Final Order

On 14 December 2020, the Authority issued a Revocation Order under section 25(7)(c) of the Electricity Act 1989. The Authority decided that the Final Order was no longer required for the purpose of ensuring Symbio’s compliance with the RO as on 10 November 2020 Symbio paid the outstanding funds relating to their Renewables Obligation for the relevant year. The Final Order is no longer in place.