- Open - Provisional Order issued
- Provisional Order confirmed
- Decision Proposed - Confirm Provisional Order
- Decision Proposed - Revoke Provisional Order
- Notice to rectify
- Notice to revoke licence
Whoop Energy Ltd ("Whoop Energy") ceased trading on 18 February 2022 and its licence to supply electricity was subsequently revoked. As a result, the provisional order issued to Whoop Energy on 21 September 2021 and confirmed on 16 December 2021 is no longer in effect.
Whoop Energy’s customers have been transferred to Yu Energy under the Supplier of Last Resort (SoLR) process. If you would like any further information regarding the SoLR process and how this is being managed please see: Ofgem protects customers of Whoop Energy and Xcel Power Ltd.
Decision to confirm Provisional Order
On 16 December 2021, the Authority published the confirmation of the provisional order issued to Whoop Energy, following the consultation period. The consultation ended on 13 December 2021.
Whoop Energy failed to make its FIT Year 11 Annual Levelisation Payment of £3,780.22 by the deadline of 17 September 2021. No representations were received during the consultation period. The Authority was satisfied that Whoop Energy was contravening Standard Licence Condition ("SLC") 33 and the Feed-in Tariffs Order 2012.
Ofgem issued the provisional order on 21 September 2021. This provisional order required that Whoop Energy makes to pay the outstanding amount forthwith.
Notice of Proposal to Confirm Provisional Order
On 19 November 2021, the Authority published its notice of proposal to confirm the provisional order dated 21 September 2021 imposed on Whoop Energy on the grounds that Whoop Energy 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:
- SLC 33.3 and conditions 3.1 and 3.1.2 of Schedule A, Part 3 of SLC 33 are the relevant conditions and requirements for the purpose of the provisional order;
- The acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of those conditions and requirements, and other factors which in the Authority’s opinion justify the confirmation of the provisional order are those set out in the Notice of proposal to confirm the provisional order.
- Any representations or objections with respect to the proposed confirmation were to be made to the Authority by 13 December 2021, by email to email@example.com and firstname.lastname@example.org.
The Authority would consider these representations and then make a final decision on whether to confirm the provisional order prior to 20 December 2021 (the date on which the provisional order would lapse if not confirmed).
Issue of Provisional Order
On 21 September 2021, the Authority issued a provisional order to Whoop Energy in accordance with section 25(2) of the Electricity Act 1989.
Whoop Energy is 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 Tariffs Order 2012.
Whoop Energy failed to make its FIT Year 11 Annual Levelisation Payment of £3,780.22 by the deadline of 17 September 2021.
The provisional order requires Whoop Energy 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 24 September 2021, the Authority published a Notice of Reasons explaining in greater detail the rationale for issuing the provisional order.