Consultation on proposed revisions to the NDRHI (GB and NI) formal review process
Consultation
- Upcoming
- Open
- Closed (awaiting decision)
- Closed (with decision)
Publication date
Closing date
Industry sector
Generation and Wholesale Market
Scheme name
Non-Domestic RHI
Decision
Through our administration of both the NDRHI (GB) and NDRHI (NI), where any prospective, current or former participant is unhappy about a decision Ofgem has made regarding their participation in the scheme, they may ask us to review the decision. Statutory reviews of decisions are specifically provided for in the Regulations. Historically we have additionally offered a ‘formal review’ process, prior to the Statutory review. This ‘formal review’ process is carried out by a formal review officer who is independent of the initial decision. This current process can often result in participants not receiving a swift and definitive resolution and unlike the Statutory review, the decision is not definitive and final. Statistics show that the decision rarely changes between the ‘formal’ and Statutory reviews, therefore, we are proposing to improve our process by moving to a single Statutory review which will allow us to make a final, robust decision in a much shorter timescale.
While the number of requests for review is relatively low in comparison to the volume of decisions taken on the scheme, as highlighted there is a significant period of time where applicants/participants are placed in a period of uncertainty while the reviews are taking place. Given this context, we now wish to review the dispute resolution process and remove the formal review stage, so that when a request for review is raised, it is dealt with as a Statutory Review in the first instance, with the aim of improving the review and decision making process for those requesting reviews of decisions.
We are seeking stakeholder views on changes we are proposing to make to the formal review process (NDRHI GB and NI); and NDRHI GB and NDRHI NI guidance.
Proposed Changes to the NDRHI (GB) and NDRHI (NI) dispute resolution process and guidance documents
We are proposing to remove the formal review stage from our decision review process and instead carry out review of any decision requested by applicants / participants under the Statutory reviews process provided by the schemes Regulations, thereby creating a one stage review process. These changes will require amendments to the guidance documents for both schemes.
Consultation question: Are you content with the changes proposed to remove the formal review process? If not please explain any concerns.