On 10 January 2020, the Authority published its notice of proposal to issue a Final Order (FO) on Better Energy Supply Limited (“Better Energy”) in accordance with Section 26 (1) and (2) of the Electricity Act 1989 and section 29 (1) and (2) of the Gas Act 1986.
The particular behaviour of concern giving rise to the proposal to make a Final Order was that Better Energy failed to become a DCC User by the deadline of 25 November 2017. By failing to be a DCC User in accordance with the licence condition, their existing customers with smart meters would suffer harm because they would not have smart meter functionality. There would also be harm to customers who would lose their smart functionality upon switching to Better Energy.
By a letter dated 27 January 2020 addressed to the Authority, Better Energy requested the revocation of its electricity and gas licences. On 19 February 2020 the Authority issued a notice of revocation of an electricity supply licence and a notice of revocation of a gas supply licence giving notice that with effect from 20 March 2020 the electricity supply licence and the gas supply licence held by Better Energy shall be revoked.
Therefore, on 3 March 2020, the Authority made a decision not to make a FO on Better Energy.