On 14 March 2024, the Authority made a Revocation Order in accordance with section 25(7)(c) of the Electricity Act 1989 and Section 28(7)(c) of the Gas Act 1986. The Authority is now satisfied that the provision/s made by the confirmed provisional order are no longer requisite for the purpose of securing Delta’s compliance with SLC 4A. As such, the provisional order is no longer in place.
On 13 December 2023, the Authority decided to publish its notice of proposal to revoke the confirmed provisional order, dated 6 February 2023, imposed on Delta Gas and Power Ltd (“Delta”). The Authority is now satisfied that the provision/s made by the confirmed provisional order are no longer requisite for the purpose of securing Delta’s compliance with SLC 4A. The Authority gave this notice in accordance with section 26(6) of the Electricity Act and section 29(5) of the Gas Act. Any representations or objections with respect to this notice of proposal to revoke the confirmed provisional order are to be made to the Authority by 11 January 2024.
On 27 March 2023 the Authority issued Delta Gas and Power Ltd (“Delta”) with a Notice of failure to comply with a confirmed Provisional Order within the meaning of section 25 of the Electricity Act 1989 and section 28 of the Gas Act 1986.
The notice provided Delta with written notice, pursuant to Schedule 2(1)(c)(i) of the Electricity Supply Licence and Schedule 2(1)(c)(i) of the Gas Supply Licence, of failure to comply with the Provisional Order, confirmed with modifications, issued to Delta on 6 February 2023.
The notice further explained that if this failure was not rectified to the satisfaction of the Authority within three months of Delta receiving the notice, the Authority may at any time revoke Delta’s electricity and gas licences subject to giving no less than 30 days’ notice.
On 6 February 2023, the Authority published the confirmation of the provisional order dated 7 November 2022, with modifications, issued to Delta Gas and Power Ltd, following the consultation period.
The Authority noted that no representations were received by the deadline of 2 February 2023 in the context of the consultation undertaken pursuant to section 26(1) of the Electricity Act 1989 and section 29(1) of the Gas Act 1986.
The Authority is satisfied that Delta is contravening or is likely to contravene the Operational Capability Principle (Standard Licence Condition 4A). This confirmed provisional order requires that Delta does not act in contravention of SLC 4A and improves its operational capability such that it can respond accurately and on time to any Requests for Information from the Authority in relation to its financial position and arrangements or otherwise.
Further details are contained in the order itself and the Notice of Reasons, below.
On 11 January 2023 the Authority issued its notice of proposal to confirm the provisional order dated 7 November 2022, with modifications, imposed on Delta on the grounds that Delta is contravening or is likely to contravene Standard Licence Conditions (SLC) 4A (Operational Capability Principle). The Notice of Proposal invites representations or objections in relation to the proposed confirmation by 2 February 2023. The Authority gives notice that in accordance with section 26(1) of the Electricity Act 1989 (“EA89”) and 29(1) of the Gas Act 1986 “GA86.”:
The Authority will consider these representations and then make a final decision on whether to confirm the provisional order prior to 7 February 2023 (the date on which the provisional order would lapse if not confirmed).
On 7 November 2022, the Authority issued a provisional order to Delta Gas and Power Ltd (“Delta”) in accordance with section 25(2) of the Electricity Act 1989 (“EA89”) and 28(2) of the Gas Act 1986 “GA86.”
The Authority considered that Delta was contravening or was likely to contravene Standard Licence Conditions (SLC)s 4A (Operational Capability Principle) and 4B (Financial Responsibility Principle).
The particular areas of concern giving rise to the making of the provisional order were that Delta:
The provisional order required Delta to address our concerns immediately and fully. Until such time, the provisional order banned Delta from taking on any new customers and removing any money from the business unless it constituted spending essential to the operation of Delta’s supply business.
Provisional orders are issued in certain circumstances in accordance with the EA89 or GA86 and where certain conditions are satisfied. Further information regarding provisional orders is contained within our Enforcement Guidelines.