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 and section 28(2) of the Gas Act 1986.
Based on the information received by the Authority, it considers that Delta is contravening Standard Licence Condition 5 (SLC 5). SLC 5 gives the Authority the power to request information from licensees. The particular behaviour of concern giving rise to the making of the provisional order is that:
The information was requested on 2 September 2022 and again on 9 November 2022, pursuant to SLC 5 of Delta’s Gas and Electricity Supply Licenses, yet Delta has failed to respond in full to the requirements of the requests for information.
The provisional order requires Delta to comply with the Authority’s requests for information by no later than 5pm on Monday 5 December 2022.
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 21 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 RFI obligation, as Delta responded adequately to the RFI on 19 December 2022.
The provisional order is no longer in place.