Tag Archives: Ofgem

Home insulation is the latest net zero farce- Ross Clark

working insulates the attic with mineral wool

From NOT A LOT OF PEOPLE KNOW THAT

By Paul Homewood

h/t Paul Kolk

Zoe Godrich of Swansea might best be described as collateral damage in Britain’s glorious march towards net zero. Three years ago, she had her three-bedroom home fitted with cavity-wall insulation – which the government is out to encourage through its Great British Insulation Scheme. Sadly for her, it has not worked out quite as intended.

With Labour now promising billions more to retrofit homes with this kind of stuff, what could possibly go wrong?

Within weeks of having it fitted, Godrich says her walls started to run with water, and black mould started to form on her walls. She can no longer use two of her bedrooms, and she and her children now have to slum it on mattresses in the one remaining habitable room. The company which installed the insulation also went bust and the guarantee for the work turned out to be useless. Her only option seemed to be having the insulation sucked out of the wall – for which she had to borrow £7,000 to have done. That work turned out to be botched, too.

Godrich’s experience, it turns out, seems to be becoming commonplace. Twenty miles away in Rhondda Cynon Taff, 280 homes had to have cavity-wall insulation removed after it made their walls damp. The BBC is reporting that Ofgem has told it that ‘hundreds of thousands’ of homes which have been fitted with cavity-wall insulation have been left with problems due to it being badly fitted. There are an estimated 15 million homes in Britain which have such insulation fitted – many of them courtesy of subsidy schemes launched by the present government and the last Labour government.

But if there is a lesson here, it is one that our leaders seem determined not to learn. While the present government has launched its Great British Insulation Scheme, which aims to insulate 300,000 households in a three-year period from last March at a cost of £1 billion, Labour is promising to go much further. Under its Warm Homes Plan, every home in Britain would be brought up to the standard of a ‘C’ on an Energy Performance Certificate over the next decade – using loft insulation, cavity-wall insulation and solid-wall insulation. A Treasury analysis suggests that it would cost taxpayers between £12 billion and £15 billion a year for the next 10 years. According to Labour, it will save households £500 a year on bills – unless, presumably, they have the same experience as Zoe Godrich and many others, in which case they may find themselves having to take out emergency loans to put right botched work.

It is possible to retrofit old houses properly to bring them closer to the energy performance standards of new homes, but it is also possible to damage them through such work. This is as true of solid-wall insulation as it is of cavity-wall insulation. Linda Griffiths of Carmarthenshire found that out the hard way, when she spend £30,000 fitting it to her home, partly with the aid of a £10,000 grant from another government scheme, the Energy Company Obligation. She, too, ended up with damp – and was left complaining that her home had been devalued by £100,000.

With Labour now promising billions more to retrofit homes with this kind of stuff, what could possibly go wrong? As with so much to do with net zero, reason seems to go out of the window as governments seek to meet their rashly-set targets.

https://www.spectator.co.uk/article/home-insulation-is-the-latest-net-zero-farce/

Smart meter customers face time-of-day charging plan

From NOT A LOT OF PEOPLE KNOW THAT

By Paul Homewood

You were warned!!

Millions of households with smart meters face paying more for their electricity at the busiest times of day under regulator plans.

Ofgem is consulting on introducing a “dynamic” energy price cap to meet the demand of net zero, despite repeated assurances from the Government that smart meter technology would not result in more expensive energy bills for consumers.

The energy watchdog said it would look to “encourage consumer flexibility” by basing the energy price cap around the wholesale costs of electricity throughout the day.

The plans include allowing suppliers to charge more for electricity when the grid is at its busiest, as Britons move away from conventional gas boilers and adopt electric-powered heat pumps and electric vehicles.

Proposals would scrap the energy price cap – currently £1,690 a year – and effectively switch the entire country to a 1970s-style “time-of-use” tariff that charges different prices throughout the day.

This would either be introduced in weekly “time bands” that are divided into more expensive peak and cheaper off-peak periods, or linked directly to half-hourly wholesale market prices.

Ofgem admitted the latter proposal would risk “exposing customers to wholesale price variability” and that “many consumers may struggle to engage with constantly evolving pricing”.

https://www.telegraph.co.uk/money/bills/energy/energy-customers-smart-meters-face-pay-more-busy-times

The Energy Price Cap should never have been introduced. But now energy users with a smart meter may be faced with a fait accompli, finding it difficult to find any supplier prepared to offer a fixed price.

And one thing is absolutely certain – consumers will not be better off under any new system.

And as may experts are pointing out, many people need access to electricity all day. It is all very well for a household which is empty during the day, but what will happen to old people or mums with kids who need to heat their homes all day.

Indeed how many of these groups will even have access to the information needed to optimise pricing?

Worse still, this is not only about Time of Day pricing – wholesale prices can often peak at much higher levels for days on end when wind power is low in winter. There will be no escape from this peak pricing at times like this – everybody will end up paying.

If the government is intent on bringing in this policy, it must legislate for an opt out for anybody who wants to remain with a fixed price, and that should be set at an affordable level.

Wind farms investigated after ‘overcharging customers by £100m’

Companies face market manipulation review for alleged inflation of compensation payments.

Wind farm owners are being investigated by the energy watchdog for alleged market manipulation after they were accused of overcharging consumers by £100m. The Telegraph has the story.

Ofgem is to examine claims that renewable energy companies artificially inflated compensation payments given to them for switching off their turbines on windy days when the grid did not need extra capacity.

It has been handed a dossier gathered by analysts at the Renewable Energy Foundation (REF), which suggests wind farm companies could be boosting the price of “virtual energy” they never actually generated.

An Ofgem spokesman confirmed that the claims had been received and an investigation has begun into whether any rules were broken.

John Constable, director of REF, a charity that has frequently highlighted excessive payments to wind farms, said: “Our evidence suggests that multiple wind farm operators have been charging over the odds to reduce their output on windy days, generating no energy but costing consumers a fortune.

“We estimate it added £100m to overall consumer bills in 2023 alone.”

REF claims that operators overcharged for constraint payments, the cash given to electricity generators to switch off wind farms and other assets when the national grid risks being overloaded.

On windy days, the output from Scotland’s turbines surges to an unmanageable level because there are too few national grid links to carry their power to England’s cities.

When this happens, the National Grid Electricity System Operator (NGESO) tells wind farms to “constrain” their output – meaning they must switch off, and therefore earn less money from the subsidy system that underpins renewable generation.

The farms are then allowed to claim compensation for this lost income, with the costs added to consumer bills. However, the complexity of the system has given rise to multiple opportunities for overclaiming.

Ofgem is already investigating a separate allegation of wind farm overcharging that is estimated to have cost bill payers £51m since 2018.

Earlier this month, the regulator ordered Dorenell Wind Farm in northern Scotland, which is owned by EDF Renewables, to repay £5.5m.

Read the full story here.

“Energy firms adding £242 to energy bills as profits soar”

Subsidized renewable green energy brings you higher energy bills.

Energy companies‘ operating costs are making up a substantial portion of customers’ billstelling us Energy Live News.

On average, these operating costs add £242 to each customer’s annual energy bill, accounting for approximately 13% of the total bill, according to a report from the Warm This Winter Tariff Watch.

The report indicates that energy firms are allocating a considerable chunk of their operating costs to marketing activities.

This category encompasses expenses related to sponsoring football teams, event venues and the creation of television adverts.

According to the report, the cost of marketing activities amounts to roughly 11% of their overall operating expenses, charities have said.

In contrast, spending on maintaining customer contact centres, a crucial aspect of ensuring customer satisfaction accounts for around 12% of their operating costs.

Ofgem allows energy companies to adjust these costs for inflation.

Over the past six years, this inflation-driven increase has amounted to 37.5%, rising from £176 annually in April 2017 to £242 annually as of October 2023.

However, the authors of the Tariff Watch report argue that this approach lacks transparency and call for a reevaluation of how these operating costs are factored into customers’ bills.

A spokesperson for Ofgem said: “The standing charge is covered by the price cap, which sets a ceiling on the total amount households can be charged.

“Suppliers have always been free to structure their tariffs as they see fit and we know some suppliers do not have a standing charge. However, we continue to keep the issue and how costs are passed on to customers under review.

“It remains a complex issue with a recent impact study showed that moving costs from the standing charge to a higher unit rate would result in winners and losers – and could be particularly damaging for the most vulnerable consumers. This includes those who are unable to reduce their energy usage because of age, disability or reliance on medical equipment.”

Read the article here

Image: Shutterstock

The Elephant in the Room

From Climate Scepticism

By MARK HODGSON

It’s net zero

Today’s Guardian online includes an interview with Jonathan Brearley, the Chief Executive of Ofgem, a position he has held for just over three and a half years. Ofgem, by the way, is an acronym which stands for the Office of Gas and Electricity Markets. It sits in a pivotal position, given its role (in words I take from its website to “work to protect energy consumers, especially vulnerable people, by ensuring they are treated fairly and benefit from a cleaner, greener environment.” More specifically, Ofgem says:

We are responsible for:

working with government, industry and consumer groups to deliver a net-zero economy, at the lowest cost to consumers

stamping out sharp and bad practice, ensuring fair treatment for all consumers, especially the vulnerable

enabling competition and innovation, which drives down prices and results in new products and services for consumers.

And how exactly is all that going? According to the Guardian (and for once I agree with them), it probably could be going better (much better):

In the past two years, wholesale market prices reached record highs, pushing up the number of households living in fuel poverty to almost 7.5m and causing the collapse of almost 30 energy suppliers. The crisis triggered one of the biggest government bailouts since the financial crisis as ministers handed £78bn to households to help pay their bills…

…Today, millions more households are in fuel poverty, vulnerable bill payers have been forced on to prepayment meters, small businesses have fallen prey to predatory energy brokers, and Britain’s creaking electricity grids face decade-long queues of renewable energy projects waiting to connect to the power system.

Britain’s power grids, which are regulated by Ofgem, have warned renewable energy developers to expect a 10-to-15-year wait to connect their projects to the network.

So it’s not going terribly well. The big question, it seems to me, is what is the cause of this catalogue of failure? Sadly, the Guardian interview doesn’t even scratch the surface. The closest it gets to analysing what has gone wrong is talking about the problems Mr Brearley has had to face since taking up his post:

Since then, the industry has been roiled by the impact of the Covid pandemic and the energy market aftershock following Russia’s invasion of Ukraine.

I don’t deny that both of those hugely problematic events have played their part in causing problems for UK energy suppliers and consumers, but no reasonable analysis could attribute all of the issues identified by the Guardian to those two events alone. If the Guardian isn’t up for a detailed dig into the problems and what caused them, presumably Mr Brearley is, given that on any reasonable definition, it’s his job to do so. And indeed he is. His speech at the Institute for Government on 24th January 2023 arguably painted an even bleaker picture than the Guardian:

I think we should acknowledge how difficult it is for many, many households and businesses, to pay for the energy they need.

Our data shows that, from April, households on a median disposable income will spend 10% of that on their energy bills, and those relying on the state pension will spend 29% – that is a truly extraordinary amount of our household budgets.

I speak to customers regularly, and even with the Energy Price Guarantee and Energy Bills Discount Scheme, I know that the scale of the challenge for many people out there remains enormous.

For example, a few months ago I spoke to a lady who has a chronic condition. That condition often leaves her in pain if it is cold, yet she often has to rely on a hot drink or a blanket because she cannot afford to heat even one room.

I have also spoken to people who prefer to be in hospital rather than at home, because it least in hospital they know they have access to the energy and the food that they need.

We also consult regularly with business member groups to hear about the challenges they face.

For example, recently we heard from a group of theatres whose long-stand utility contract ended last October. Their new forecast, before government support, was of a roughly 450% rise in their electricity bill and rise 725% for their gas bill. And when they tried to find alternative quotes, it was difficult to do so for a whole range of issues, including a very different perception of credit risk.

Now sadly, these stories are all too common across Britain today.

Welcome to Britain in 2023. Fortunately Mr Brearley understands his responsibilities very well:

So as the energy regulator, alongside government, and the industry, it is our responsibility to [be] doing everything we can to support consumers and businesses through this very difficult period.

And he has a plan! Unfortunately, he seems to be fully signed up to the net zero agenda, which I suppose isn’t surprising, given his CV:

…he was Director of the Office of Climate Change, a cross-government strategy unit focussed on climate change and energy issues, where he led the development of the Climate Change Act…

I don’t deny Mr Brearley’s qualifications for the job (e.g. he “ led Electricity Market Reform as the Director for Energy Markets and Networks at DECC”) but the fact that the Chief Executive of Ofgem seems to be a net zero enthusiast is as disappointing as it is inevitable. He probably wouldn’t have got the job otherwise.

And so I suppose it is equally inevitable that the first lesson he says he has learned from the “crisis” is that we as a country are most disadvantaged by “reliance on international gas markets that, bluntly, have been manipulated by an aggressive state” with the result “that geopolitics is playing a stronger hand in this country’s energy decisions than we had planned for, or would like it to.” The solution?

…we should move as rapidly as possible away from a system highly dependent on international gas, but also move away from our current market, which means that gas affects almost all of our energy use.

Simply put, we need to transition towards more homegrown, secure, and renewable sources of energy supply, and design an electricity market that allows us to benefit from that transition.

The difficulty with that, as the more alert among you will have noticed, is that the concluding paragraph is oxymoronic. It is simply impossible to achieve all the things that are summed up in one short sentence – homegrown energy, which is also secure and more renewable, and allows us to benefit from that change. The thing is that that renewable energy, by its very nature is unpredictable and unreliable, and leads to shortfalls in energy supply, often when demand is at its greatest, i.e. in the middle of winter, when the sun barely makes it over the horizon and the country can be becalmed in bitterly cold conditions under an anticyclone. What do we do then?

Well, we can do what we do now, and rely on gas generators to ramp up at short notice to fill the void. But that involves running two energy systems in parallel, with the more reliable of the two (gas) being operated sub-optimally, and therefore very much more expensively. That might give us security (or it would if we were allowed to extract our own gas), but it wouldn’t offer any financial benefit at all – quite the contrary.

Or we could trust to good neighbours and assume that the ever-growing web of interconnectors will fill the void. The problem with such a policy, however, is that it depends on the anticyclone over the UK not also sitting over western Europe, so that there is actually some surplus electricity for us to draw down, It also depends on our neighbours being good neighbours and not seeking to rip us off financially when we’ve got ourselves into a bit of an energy shortfall. And finally, it is at risk of an “aggressive state” seeking to damage the interconnectors (as, indeed, they might seek to damage the power cables bringing the offshore wind power onshore). This is also an expensive option and, worse still, it is doesn’t meet the need for secure energy supplies.

And it keeps getting worse. Further on in his speech Mr Brearley lays out quite clearly (let nobody say they didn’t understand what the implications are) the extent of the engineering challenge (though he barely mentions the associated costs) involved in achieving this undesirable and dangerous energy policy. We’ve heard it all before, of course, but it bears repeating, since some people (who should know better) seem remarkably insouciant as to what’s involved.

To move away from our dependence on the international gas market and build the secure, decarbonised energy system that we need as rapidly as possible, and to meet the government’s target to achieve a net zero power system by 2035 and reach net zero by 2050, we will need to build new energy infrastructure at a pace not seen for decades.

When you look at our history, the period immediately after the Second World War most closely resembles the pace and scale at which we will need to build.

From 1950 to 1970, Great Britain’s electricity generation capacity expanded around 4 fold.

Since then, the system has been largely stable in terms of our networks, and regulation has been designed to maintain that system and drive efficiency in its maintenance and in the incremental build that has been needed.

But to meet the scale of future energy demand between now and 2050, we will again need to build out our infrastructure – onshore, offshore, and connections to other countries – at an extraordinary pace, not seen for over half a century.

Instead of pausing there, and asking whether this really is such a good idea he goes on to repeat the mantra of the Skidmore review to the effect that this, as well as being a huge challenge (too right it is) is also “an economic opportunity”. He goes on also to repeat the claim regularly made in this regard that it will cost us more if we delay. This is a claim I’ve heard many times, though nobody has ever explained it to my satisfaction – indeed, often (as here) the claim is simply made without explanation. I assume that the “logic” is that we need to do this because if we don’t the costs of climate change will be much greater. Of course, if that is what underpins the claim, then it is utterly fatuous, since even if the UK achieves net zero it will make no measurable difference to the climate unless the rest of the world follows us off the cliff.

And how is this acceleration to be achieved? Well, making it easier for planning consents to be obtained more quickly (presumably even in the teeth of local opposition) is certainly a key part of the plan:

The next generation of system planning will need to look at net zero targets for 2035 and 2050 more widely, and encompass investment across the electricity and gas grids, including the planning for hydrogen infrastructure…

…So we are reviewing the institutional framework to set a clear vision for local governance arrangements…

The link between the price of gas and electricity pricing is also made: “the gas price crisis revealed that in the short term, consumers may not be getting the full benefit of the existing renewable and low carbon plant.” [sic] Mr Brearley is under the impression that moving “all renewable plant on to the existing contracts for difference regime… would stop this happening and give consumers access to lower electricity prices.”

As he points out, Mr Brearley led the Electricity Market Reform, so he certainly know more about this sort of thing than I do. I trust, therefore, that he is aware that the Contracts for Difference regime isn’t going so well just now, and that in the fifth Allocation Round the government has just increased the budget, and that renewables energy companies have taken to postponing their take-up of existing “contracts” because they don’t regard them as viable:

Orsted has delayed for a second year its contract to supply consumers with cheap energy from the world’s biggest offshore wind farm and has warned that it could do so again, enabling it to cash in on higher market prices instead.

Hornsea Two, comprising 165 turbines about 55 miles off the coast of Yorkshire, has been fully operational since last summer, generating enough electricity to power 1.4 million homes.

Under a government contract awarded in 2017, Orsted was due to supply the power to energy bill-payers at a fixed inflation-linked price worth just under £84 per megawatt-hour today, with the contract for the first phase of the project due to begin in 2022. However, the Danish state-backed power group confirmed last week that it has now taken advantage of a loophole to delay that contract start date for a second year, until 2024, enabling it to sell the power for higher prices instead…

I find it worrying that the conclusion arrived at is this:

In conclusion, the gas crisis has strengthened the need for pace in changing our energy system to meet customer needs and to meet our low carbon goals….we will have a robust path to a better, more secure and low carbon energy system that meets this country’s needs.

The elephant in the room, of course, is net zero, and the obsession with “de-carbonising” the UK’s electricity generation. I have seen no plan for reducing reliance on gas back-up, and thus for reducing, rather than increasing, costs. I have seen no persuasive plan for guaranteeing that the country won’t face blackouts if it makes itself reliant on unreliable and unpredictable sources of electricity generation. I see no convincing plan as to how we will cope if the interconnectors between the UK and Europe are cut, or if the cables bringing electricity from Scottish islands and offshore wind farms to the mainland are cut. While the move away from gas may be justified because buying gas on the international market makes us vulnerable to bad actors, not much thought seems to have been given the extent of our vulnerability when relying on undersea cables and interconnectors.

In fairness to Mr Brearley, who can’t be held responsible for the mess that Ofgem has made over the years, and in fairness to Ofgem itself, it is faced with a regulatory framework imposed on it by Parliament which is full of contradictions and makes little sense. Ofgem is governed by the Gas and Electricity Markets Authority, which derives its powers and obligations from a plethora of statutes, such as the Gas Act 1986, the Electricity Act 1989, the Utilities Act 2000, the Competition Act 1998, the Enterprise Act 2002 and various Energy Acts. A useful summary can be found here though I cannot be certain that it is completely up to date.

What, for instance, is to be made, of section 4AA sub-section 1(a) of the Gas Act 1986 (as amended by the Energy Act 2010)? It obliges Ofgem both to protect the interests of existing and future customers by reducing gas-supply emissions of targeted greenhouse gases (as defined in the Climate Change Act 2008) and in the security of the supply of gas to them. Similar provisions apply (mutatis mutandis) with regard to the supply of electricity under section 3A of the Electricity Act 1989 (as also amended by the Energy Act 2010).

How about subsection 2 of the Gas Act 1986? Ofgem has to have regard to “the need to secure that, so far as it is economical to meet them, all reasonable demands in Great Britain for gas conveyed through pipes are met” and the need to contribute to the achievement of sustainable development”. And all the while, subsection 5 requires them to carry out their functions in the manner which it considers best calculated “to secure a diverse and viable long-term energy supply”. Again, similar provisions apply under the Electricity Act (as amended), including that critical obligation “to secure a diverse and viable long-term energy supply”.

If there was no legal obligation to achieve net zero and no expedited plans to “decarbonise” the electricity generation system in accordance with carbon budgets, then Ofgem’s job, and that of the National Grid and wholesale energy suppliers and retailers would be massively simplified and cheapened. If I were in charge of Ofgem and/or the National Grid, that is a message I would be delivering repeatedly and urgently to Parliament. Unfortunately, as things stand, politicians and those charged with implementing their madcap plans seem to be holding hands while the elephant in the room remains invisible.

Wholesale Power Prices Tumble

From NOT A LOT OF PEOPLE KNOW THAT

By Paul Homewood

https://www.ofgem.gov.uk/publications/customers-pay-less-energy-bills-summer

The new energy cap set by OFGEM last month, which takes effect from 1st July, is based on an average wholesale electricity price of about £150/MWh – OFGEM refuse to release the actual figure. As this is calculated from Feb to April prices, it is already out of date, so to speak.

According to Catalyst Energy, both spot and forward prices have fallen sharply since February, down to £68 and £109/MWh respectively in May:

https://www.catalyst-commercial.co.uk/works/june-2023-energy-market-brief/

This is confirmed by the CfD calculations for May, which give market prices for offshore wind of £80.16/MWh and £73.64/MWh for solar.

This of course means that we have now returned to the days of heavy subsidies for offshore wind power, which are earning an average strike price of £179.38/MWh, meaning that £90.1 million was paid out in subsidies last month.

We are even subsidising solar power, which earns £105.98/MWh in strike prices.

The drop in power prices is of course the direct result of lower gas prices.

This trend of lower prices is set to continue through the summer, so we can expect a much lower energy cap in October.

Net Zero Watch warns over change to Ofgem role

From NOT A LOT OF PEOPLE KNOW THAT

By Paul Homewood

Amendment to Ofgem’s statutory duties ‘leaves consumers defenceless in the face of green rent-seeking’


London, 9 June – Rather than restoring Ofgem as a consumer champion, Rishi Sunak’s government is actually weakening the regulator’s ability to protect consumers against the unreasonable costs of the UK’s poorly designed and extremely expensive climate change policies. This is, quite simply, a deplorable mistake and will store up horrifying problems for future governments, to say nothing of the serious harm it will do to household wellbeing and the competitiveness of UK businesses.


As long ago as 2017, we pointed out that the regulator of the Office of Gas and Electricity Markets (Ofgem) had been systematically transformed from a defender of the energy consumer interest into a supine part of the climate policy delivery mechanism, a point we reinforced in a more recent article (The Decline and Fall of Britain’s Energy Regulator).
Ofgem’s original statutory duty compelled it to promote the interests of existing and future consumers through the promotion of competition. This was a clear and rational objective for a consumer champion.


The revisions made in the Energy Act of 2010 redefined these interests to include the consumer interest in reducing greenhouse gas emissions. This was dubiously logical, since it is not clear that consumers qua consumers have such interests, and needless since those interests, insofar as they were real, were already represented in the arguments being made for emissions reductions policies by the relevant government departments, DECC and DEFRA at that time.
By prejudging the debate between these interests the revision to the 2010 Act in effect made it very hard for any diligent economist in Ofgem to offers substantive criticism of very high emissions reduction costs.


However, it seems that this was not sufficient for those intent on removing any obstacle to cost increases caused by climate change policy, and Government is now proposing to finish the job begun in the 2010 Act by making it explicitly committed to working towards the delivery of the Climate Change Act of 2008. To be exact, as Ofgem itself reports:
“It gives Ofgem a specific net zero mandate to protect existing and future consumers’ interests by supporting “the Secretary of State’s compliance with the duties 1 and 4(1)(b) of the Climate Change Act 2008 (2050 net zero target and five-year carbon budgets).”


Reviewing the history, it is difficult to avoid the conclusion that Ofgem has been to a degree complicit and under the leadership of Mr Brearley, whose doubtful objectivity in this matter we have discussed in our 2020 article, positively enthusiastic in weakening consumer protection.


Any consumer, whether domestic or industrial, might reasonably ask “What is the point of a regulator such as Ofgem?” From the government’s point of view, the point is crystal clear: the existence of a drugged and hypnotised regulator gives the false impression that the consumer interest is balanced against Net Zero policies. The wording of the government amendment in fact shows that Mr Sunak’s colleagues couldn’t care less.

Net Zero Watch warns over change to Ofgem role

Lower CO2 emissions to limit global warming and climate change. Concept with manager hand turning knob to reduce levels of CO2. New technology to decarbonize industry, energy and transport

From Net Zero Watch

Amendment to Ofgem’s statutory duties ‘leaves consumers defenceless in the face of green rent-seeking’

Rather than restoring Ofgem as a consumer champion, Rishi Sunak’s government is actually weakening the regulator’s ability to protect consumers against the unreasonable costs of the UK’s poorly designed and extremely expensive climate change policies. This is, quite simply, a deplorable mistake and will store up horrifying problems for future governments, to say nothing of the serious harm it will do to household wellbeing and the competitiveness of UK businesses.

As long ago as 2017, we pointed out that the regulator of the Gas and Electricity Markets (Ofgem) had been systematically transformed from a defender of the energy consumer interest into a supine part of the climate policy delivery mechanism, a point we reinformed in a more recent article (“The Decline and Fall of Britain’s Energy Regulator” 04.02.2020).

Ofgem’s original statutory duty compelled it to promote the interests of existing and future consumers through the promotion of competition. This was a clear and rational objective for a consumer champion. The revisions made in the Energy Act of 2010 redefined these interests to include the consumer interest in reducing greenhouse gas emissions. This was dubiously logical, since it is not clear that consumers qua consumers have such interests, and needless since those interests, insofar as they were real, were already represented in the arguments being made for emissions reductions policies by the relevant government departments, DECC and DEFRA at that time.

By prejudging the debate between these interests the revision to the 2010 Act in effect made it very hard for any diligent economist in Ofgem to offers substantive criticism of very high emissions reduction costs.

However, it seems that this was not sufficient for those intent on removing any obstacle to cost increases caused by climate change policy, and Government is now proposing to finish the job begun in the 2010 Act by making it explicitly committed to working towards the delivery of the Climate Change Act of 2008. To be exact, as Ofgem itself reports:

It gives Ofgem a specific net zero mandate to protect existing and future consumers’ interests by supporting “the Secretary of State’s compliance with the duties 1 and 4(1)(b) of the Climate Change Act 2008 (2050 net zero target and five-year carbon budgets)”(“Ofgem welcomes proposed legal mandate to prioritise the UK’s 2050 net zero target”).

Reviewing the history, it is difficult to avoid the conclusion that Ofgem has been to a degree complicit and under the leadership of Mr Brearley, whose doubtful objectivity in this matter we have discussed in our 2020 article, positively enthusiastic in weakening consumer protection.

Any consumer, whether domestic or industrial, might reasonably ask “What is the point of a regulator such as Ofgem?” From government’s point of view, the point is crystal clear: the existence of a drugged and hypnotised regulator gives the false impression that the consumer interest is balanced against climate policies. The wording of the government amendment in fact shows that Mr Sunak’s colleagues couldn’t care less.