On 30 March 2022, the Authority issued a Provisional Order to UK Energy Incubator Hub Ltd (“UK Energy” ) in accordance with section 25(2) of the Electricity Act 1989 and section 28(2) of the Gas Act 1986.
The particular behaviour of concern giving rise to the Provisional Order is that UK Energy has failed to provide information requested by Ofgem under Standard Licence Condition ("SLC") 5. SLC 5 gives the Authority the power to request information from licensees.
The information was requested on 28 January 2022 and again on 18 March 2022, pursuant to SLC 5 of UK Energy’s Gas and Electricity Supply Licenses.
The Provisional Order requires UK Energy to fully and immediately comply with the Authority’s requests for information.
We published a Notice of Reasons document on 1 April 2022, explaining in greater detail the rationale for issuing the Provisional Order.
On 18 May 2022, the Authority made a Revocation Order in accordance with Section 25(7)(c) of the Electricity Act 1989 and Section 28(7)(c) of the Gas Act 1986. The Authority decided that the terms of the Provisional Order were no longer requisite for the purpose of ensuring UK Energy’s compliance, as it provided the requested information on 5 May 2022. As such, the provisional order is no longer in place.
The Authority has not been required to confirm the Provisional Order because, on 5 May 2022 UK Energy submitted the required information, described by the Appendices in the Provisional Order, and having established that UK Energy had complied with their undertaking to the Court, set out in an agreed High Court Order of 29 April 2022, following a hearing before the honourable Mr Justice Miles on an application of the Authority dated 14 April 2022 for injunctive relief in the interim applications list of Chancery Division.