Decision not to confirm the Provisional Order
On 26 January 2022, the Authority published its decision not to confirm the provisional order issued to Delta Gas and Power Limited (“Delta”), following the consultation period.
Delta made payment of its FIT Year 12 Quarter 2 payment in full on 17 January 2022. As a result, the Authority has taken the decision not to confirm the provisional order.
For further details please see the Decision document dated 24 January 2022 below.
Ofgem issued the provisional order on 12 November 2021 following Delta’s failure to make its FIT Year 12 Quarter 2 Payment of £46,701.23 by the deadline of 10 November 2021. The Authority was satisfied that Delta was contravening Standard Licence Condition ("SLC") 33 and the Feed-in Tariffs Order 2012. This provisional order required that Delta pay the outstanding amount forthwith.
The Authority issued a Notice of Proposal to confirm the provisional order, with modifications, on 16 December 2021. The Notice of Proposal invited representation or objections in relation to the proposed confirmation by 13 January 2022. The Authority received no representations.
Notice of Proposal to Confirm Provisional Order
On 16 December 2021, the Authority published its notice of proposal to confirm the provisional order dated 12 November 2021 imposed on Delta on the grounds that Delta is contravening or is likely to contravene the requirements of SLC 33.3 and conditions 3.1 and 3.1.2 of Schedule A, Part 3 of SLC 33. The Authority proposed to confirm the order in the notice of proposal.
The Authority gave notice that in accordance with section 26(1) of the Electricity Act:
The Authority would consider these representations and then make a final decision on whether to confirm the provisional order prior to 11 February 2022 (the date on which the provisional order will lapse if not confirmed).
Issue of Provisional Order
On 12 November 2021, the Authority issued a provisional order to Delta in accordance with section 25(2) of the Electricity Act 1989.
Delta was required to make Feed-in Tariff (“FIT”) Levelisation Payments on both a quarterly and annual basis, as per the requirements of Standard Licence Condition ("SLC") 33 and the Feed-In Tariff Order 2012.
Delta had failed to make its FIT Year 12 Quarter 2 Levelisation Payment of £46,701.23 by the deadline of 10 November 2021.
The provisional order required Delta to pay the outstanding amount forthwith.
Provisional orders are issued in certain circumstances in accordance with the EA89 and where certain conditions are satisfied. Further information regarding provisional orders is contained within our Enforcement Guidelines.
On 12 November 2021, the Authority published a Notice of Reasons explaining in greater detail the rationale for issuing the provisional order.