On 29 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.
The Authority considers that Delta is contravening the Standard Licence Condition 33 (SLC 33). Delta is required to make Feed-in Tariff (“FIT”) Levelisation Payments on both a quarterly and annual basis, as per the requirements of SLC 33 and the Feed-In Tariffs Order 2012.
Delta failed to make its FIT Year 13 Quarter 2 Levelisation payment of £56,707.09 by the deadline of 10 November 2022.
The provisional order requires Delta to pay the outstanding amount forthwith.
Provisional orders are issued in certain circumstances in accordance with the Electricity Act 1989 and where certain conditions are satisfied. Further information regarding provisional orders is contained within our Enforcement Guidelines.
On 13 December 2022, the Authority made a Revocation Order in accordance with section 25(7)(c) of the Electricity Act 1989. The Authority decided that the terms of the provisional order were no longer requisite for the purpose of ensuring Delta’s compliance with its FIT Y13 Q2 levelisation obligation, as Delta paid the outstanding sum in full on 9 December 2022.
The provisional order is no longer in place.