On 11 February 2020, the Authority issued a provisional order to Foxglove Energy Supply Limited (“Foxglove”) in accordance with section 25(2) of the Electricity Act 1989.
Feed-In Tariff (“FIT”) licensees are required to make FIT Levelisation Payments on both a quarterly and annual basis, as per the requirements of Standard Licence Condition (“SLC”) 33 and the Feed-In Tariff Order 2012.
Foxglove was late making quarterly payments in FIT Year 9 Quarter 2 and Quarter 4. Upon request for assurance, Foxglove has informed the Authority that it will be unable to make its FIT Levelisation Payment, for FIT Year 10 Quarter 3, by the deadline of 12 February 2020.
The Authority is satisfied that Foxglove is likely to contravene SLC 33, based on its history of non-compliance and its indication that it will fail to comply with the Authority’s instruction to make its Levelisation Payment.
The provisional order requires Foxglove to make the payment of its FIT Year 10 Quarter 3 Levelisation Payment, in full, by the deadline.
Provisional orders are issued in certain circumstances in accordance with the statutory framework and where certain conditions are satisfied. Further information regarding provisional orders is contained within our Enforcement Guidelines.
For information relating to this provisional order, please see the Notice of reasons below published on 11 February 2020.