Ofgem: Judicial Review

Department for Business, Energy and Industrial Strategy written question – answered on 12th June 2020.

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Photo of Alan Whitehead Alan Whitehead Shadow Minister (Department for Business, Energy and Industrial Strategy) (Energy and Climate Change), Shadow Minister (Business, Energy and Industrial Strategy)

To ask the Secretary of State for Business, Energy and Industrial Strategy, how many times decisions by Ofgem have been subject to judicial review in (a) 2018, (b) 2019 and (c) 2020; and what the subjects were of those reviews.

Photo of Kwasi Kwarteng Kwasi Kwarteng The Minister of State, Department for Business, Energy and Industrial Strategy

The information is provided below:

  • 2018 – challenge concerned GEMA’s decision in relation to changing the charges for certain generators to access the electricity network. Judgement in favour of GEMA in summer 2018
  • 2018 – challenge by licensee to a direction that had been issued to them by GEMA (to take specified steps in the context of a randomised controlled collective switch trial). Concluded in 2018. Judgement in favour of GEMA in 2018.
  • 2018 – challenge brought in Scotland against GEMA’s rejection of an application for accreditation under the Feed-in Tariffs Scheme. Judgement in favour of GEMA in 2018.
  • 2019 – challenge to GEMA decision by an offshore wind generator that the physical failure of one of the offshore transmission owner’s (OFTO) subsea electricity cables should be treated as an Income Adjusting Event under the OFTO licence. Judgement in 2019 against GEMA.
  • 2019 – challenge by a licensee against GEMA’s retail price cap decision. Judgement in 2019 against GEMA.
  • 2019 – challenge relating to whether GEMA had certain powers under the Domestic Renewable Heat Scheme. GEMA were co-defendants with BEIS. Judgement in November 2019 in favour of GEMA. Application for permission to appeal was refused in 2020.

To date, no judicial reviews have been carried out in 2020.

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