Draft Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023

Graham Stuart Excerpts

Monday 6th February 2023 General Committees

[The Minister for Energy and Climate (Graham Stuart)]

I beg to move,

That the Committee has considered the draft Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023.

It is a great privilege to speak under your chairmanship, Dame Caroline. The regulations were laid before the House on 15 December 2022. On 31 March last year, following constructive debates and wide support in the House, the Nuclear Energy (Financing) Act 2022 received Royal Assent. The Act provides the legislative framework to implement a regulated asset base—or RAB—funding model to support the financing of new nuclear technologies.

Since the passage of that legislation, the Government have taken the historic step of investing in Sizewell C —our first investment in a nuclear project for 35 years—and designated it as the first project to use the RAB funding model. The regulations implement the legislative framework behind the RAB revenue stream. Although they are not specific to Sizewell C, approving the draft instrument is a further step towards establishing a model that could support the development of the Sizewell C project and multiple nuclear projects in the future. That will ultimately contribute to a resilient, affordable and low-carbon electricity system, helping us to achieve our net zero ambitions and providing energy security for the British people.

Let me set out the legislative framework for how the RAB revenue stream will operate. Once a nuclear company has been designated for the purposes of the 2022 Act by the Secretary of State, the Secretary of State is empowered to modify the company’s electricity generation licence to incorporate RAB terms and conditions, permitting it to receive regulated revenue overseen by Ofgem, the regulatory authority. That revenue will cover activities in respect of the design, construction, commissioning and operation of the project, and activities pursuant to an approved funded decommissioning programme.

The company’s revenues will be funded in part by levies on all licensed electricity suppliers in Great Britain, which may choose to pass those costs to their consumers. As we discussed during the passage of the 2022 Act, the use of a RAB funding model can help to drive down the overall cost of new nuclear projects for consumers. In accordance with section 18 of the Act and subject to relevant Government approvals, including in respect of value for money, the Secretary of State will direct the revenue collection counterparty to offer to contract with a nuclear company. The revenue collection contract terms will be negotiated with the Government for each project.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Minister said that the RAB model could be cheaper for delivering nuclear compared with a strike-rate model. Paragraph 18 of the impact assessment says it is estimated that it could save

“between £30bn and £80bn in present value terms compared with a CFD.”

Does that mean that, by default, the Government are saying that Hinkley has wasted between £30 and £80 billion —money that could have been saved on our bills?

[Graham Stuart]

As the hon. Gentleman will know, Hinkley was done on a different basis, with a strike price that was agreed with EDF Energy, CGN Europe Energy and others. It is completely different. I would have thought the hon. Gentleman knew that, with the close interest that he takes in knocking nuclear at every effort without ever reading the science or seeing the importance of nuclear to delivering the net zero future that we all hope for.

[Alan Brown]

Will the Minister give way?

[Graham Stuart]

I will make a little more progress, if I may.

Once the nuclear company accepts the offer and the revenue collection contract is entered into, the draft regulations will establish the mechanism for electricity suppliers to make payments to the revenue collection counterparty, so that it can pay amounts owed to the nuclear company. The revenue collection counterparty can also return money to suppliers, hold sums in reserve and cover its losses through requiring suppliers to post collateral and undergo a payment mutualisation process in the event of supplier default.

The regulations also set out arrangements for the collection of a levy from suppliers to pay for the counterparty’s operating costs. In developing the regulations, we sought to replicate the revenue mechanics under the legislative framework for contracts for difference, with differences to account for the specific features of the RAB model. This is because the revenue stream for CfDs was designed with similar considerations in mind to the nuclear RAB revenue stream—that is, incentivising private sector investment in low-carbon electricity, which I hope we all devoutly wish for. More significantly, the regulations will put in place a recognised and reliable revenue model that investors and electricity suppliers are familiar with, which we anticipate will minimise the impacts of introducing such measures on suppliers and their consumers.

[Alan Brown]

Will the Minister give an example of where a RAB model has worked successfully for the delivery of a new nuclear power station?

[Graham Stuart]

I will wait for historic refreshment, if such there is, although I am sure the hon. Gentleman recognises that the RAB model is designed to ensure that, given the capital requirements and intensity, it lowers the cost of capital, thereby making the investment more desirable, which it does by sharing some of the risks. Our calculation is that it therefore leads to a lower cost to the public purse in the long term.

The draft regulations have been informed by a full public consultation—undertaken last year between 14 June and 9 August—which sought views on the proposals to replicated the CfD framework and the various differences needed for the RAB model. We received 40 responses from organisations and members of the public, who were, for the most part, supportive of the proposals.

During the passage of the Act, Members of this House and the other place raised some concerns in respect of which I hope I can offer suitable reassurance. Perhaps most important were the concerns about the potential impacts of RAB levies on consumers. Through our consultation, we sought views on the inclusion of measures to prevent suppliers from passing on the costs to vulnerable consumers. Having considered the responses, we remain of the view that it would be better to mitigate potential impacts on vulnerable consumers through holistic measures that deal with people’s overall energy bills, rather than tying actions to these regulations specifically. We do not believe this is the appropriate point in the process to bring in measures to protect vulnerable consumers.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

By mentioning “holistic” arrangements, the Minister gives me the opportunity to ask one of my questions now rather than later. What on earth does that mean? What are the Government proposing to do with their holistic examination of measures across the board, rather than going through the regulations? If they are going to do a holistic examination, will that have any impact on anyone in particular, and will it be publicised?

[Graham Stuart]

Like the hon. Gentleman, when I hear the word holistic it tends to get my nose twitching. To use other language, the point is that this is not the appropriate moment to address that. However, as the hon. Gentleman well knows, we are consulting and will come forward with a new system to protect vulnerable consumers from April 2024 onwards. We feel that it is elsewhere in the overall energy system that we are best able to intervene to protect vulnerable customers from such costs, or indeed other costs in the system, whereas to come in specifically at each structure we set up to encourage generation would create a system that is over-complex and might, through that complexity, not deliver in the way that both he and I would wish to protect the most vulnerable.

Relevant measures include those recently announced in the November autumn statement—this is where I fill out the hon. Gentleman’s holistic insight—such as the cost of living payments to households on means-tested benefits and for pensioners, not to mention the £37 billion of Government support for the cost of living previously announced in 2022. I hope this is getting more and more holistic for the hon. Gentleman.

Members should be reassured that the likely impact on household bills because of the nuclear RAB would be low. We have estimated that for a generic project approved in this Parliament, it would cost each typical household dual-fuel bill approximately £1 a month on average during the construction phase. I believe, given the scale of this project, that that is proportionate, given the benefits nuclear offers for our electricity mix. Ultimately, by having nuclear power we will deliver a lower-cost system for consumers than if we relied on intermittent, low-carbon power sources alone.

To touch briefly on scope, the regulations will not apply to suppliers in Northern Ireland.

[Alan Brown]

rose—

[Graham Stuart]

I will give the hon. Gentleman one more opportunity to justify his clearly unreasonable opposition to nuclear, even when it offers a clean, net zero-compliant future and lower bills for people up and down the country, including in Scotland.

[Alan Brown]

I thank the Minister for giving way. If he bides his time, I will give him plenty more about my opposition to nuclear. He was talking about estimating the impact on bills of the RAB construction period, and he obviously estimated that that would not cost billpayers much. Is it not the case that the Government do not even know how much a new nuclear power station will cost? In the documents accompanying the regulations, it says they have commissioned a consultant to provide up-to-date estimates of the true cost of nuclear.

[Graham Stuart]

I thank the hon. Gentleman for his question. As I have shared with the Committee, we expect that the cost would be around that level of £1. That should provide reassurance. For those who have an ideological opposition to nuclear, there are no numbers that would provide reassurance. We have those who are on the side of science on the one side and those on the side of ideology on the other, and it is quite clear where the hon. Gentleman sits.

The regulations provide the Government with a unique opportunity to deliver a number of benefits, helping us to create a resilient, low-carbon energy system, delivering value for money for consumers and creating thousands of well-paid jobs across the country. I commend the regulations to the Committee.

[Dr Whitehead]

It is a pleasure to serve under the chairmanship of my near constituency neighbour and central south co-ordinator, Dame Caroline.

We are not talking about the principle of RAB this evening, because we discussed that at some length in our deliberations on the Nuclear Energy (Financing) Bill —or the 2022 Act, as it now is. Some Members will recall that at the time I had considerable reservations about not necessarily RAB in its entirety, but how it would actually operate in the context of a really large, complex, long-lived project in a way that had not been tried before. Even when programmes have been tried before, such as the Thames Tideway project, they were about raising money for a project that is finished and done and that is the end of it. In this instance, we are committing ourselves to provide support over not just the construction phase but the operational phase and most of the life of the project. In addition, we are putting in a mechanism that will be funded—sort of—through the RAB mechanism for the low-carbon contracts company administering the project. Perhaps I shall say more on that in a moment.

The big issue in all this is with the complicated, long-term and expensive scheme. As the Minister said, the RAB method essentially does not exactly share the risk of the project but puts most of it on the customer. Effectively, the customer underwrites a lot, and not just the cost. Indeed, the theory goes that if the customer underwriting is well spent, well sorted out and known to be reliable, it can reduce the cost of capital and the outcome of the project in the price that customers eventually pay for energy, if all goes really well. If things do not go so well—this is one of the things discussed in the deliberations on the 2022 Act—the customer can pay a huge amount of money to deal with cost overruns, the possible cancellation of the project and all those sorts of things.

Some of the issues were addressed at the time in amendments to the Bill, but others remain a considerable risk for the customer over a long period of time. This statutory instrument is about putting the scheme in place so that it runs for the whole course of the project and runs, we hope, as well as it possibly can in terms of making all those things work. It does not actually add anything to the customer protections that a number of us asked about at the time of the 2022 Act and continue to question now.

The issue that is related to that and that the Minister has mentioned this afternoon is that the RAB proposal as we discussed it—so I understood—in the deliberations on the Bill was about, shall we say, getting a way of supporting one particular nuclear power station, namely Sizewell C. It was pretty much designed for that particular purpose. Indeed, most of the material relating to impact assessments and so on related to the RAB scheme as it applied to Sizewell C, and that has been carried through in, among other things, the impact assessment relating to this SI, which says, among other things:

“The illustrative modelling assessing the opportunity cost of the reserve fund and collateral is based on the potential impacts of one new large-scale nuclear power plant built using the RAB model.”

However, the Minister has characterised this model as one that can be applied to the new generation of nuclear power stations, a fleet that the Government have already said—for example, in the energy security policy paper—is their ambition for the future. But we have nothing in the impact assessment, which has ducked the issue, and we have had no further discussion on the impact that a number of new nuclear power stations—perhaps having a long-run RAB behind them—all at the same time would have on customer bills overall.

The Minister said that he thinks the cost of the RAB would be about £1 on customer bills. I do not in any way want to suggest that the Minister has not put the entire picture to us, but as I understand it the cost of £1 is at the beginning of the curve of the RAB process as it goes through the entire construction and operational life of that particular power plant. The £1 cost is only the cost at the very beginning of that process, when we are just beginning to get the construction phase under way. A cost of at least £10 and probably much higher than that—indeed, £10 was a figure put forward by the promoters of Sizewell C—would be the more likely level on bills as the construction phase came to an end and the operational phase began. Then, over a long period of time, that might degrade.

It is at least £10 and perhaps more like £20, so it is important that we put the record straight on what the customer cost is likely to be from this project alone, let alone from other projects that may come up in future. Of course, that £10 per annum is based on the project going well and there being no overruns, no possible cancellations and so on; it could be a lot higher, so it is very important that we keep a very close eye on what the customer cost will be over the period as far as the RAB is concerned. Will the Minister comment on that when he responds?

I note that, as the Minister has also said, the mechanism of the RAB’s operation is akin in many ways to, but not quite the same as, contracts for difference. Of course contracts for difference are managed, in terms of the levy that is collected to pay the people who are constructing and running facilities—mainly wind—by the Low Carbon Contracts Company, which is the company in the middle of the whole process, as it were; it collects the money and disburses it.

At the moment, the LCCC has rather an issue with the fact that the inversion between strike price and reference price means that it finds itself sitting on a huge pile of money. By the way, that is a good thing; it is a good way of CfDs working if money comes back to the LCCC when the relationship between the strike and reference prices is inverted. However, does that money sit in LCCC’s reserves, or does it go back to customers? In this instance, there is a suggestion that the extra money should go back to customers, but there is no mechanism to allow that to happen. There is a suggestion that the money goes back to the supply companies that have been levied to raise the money for the CfDs in the first place, but there is no requirement for those supply companies to pass the money on to customers.

The reason I raise that is because it is more than possible that a similar situation could arise with the Low Carbon Contracts Company in the event that the cost of projects at various stages is less than has been budgeted for. Under those circumstances, the LCCC, being the agent for the collection of the levy for RAB and the dispersal to the Sizewell C company, in this instance, could find itself sitting on large surpluses. There is no mechanism in regulations to cover how those surpluses should be judged, such as if they should be considered as something on account. If the surpluses are deemed not to be on account, what happens to them? Does the Low Carbon Contracts Company just sit on customers’ money, rather than handing it back to them, even though there is a surplus, or does it have an obligation to hand it back? I would be grateful for the Minister’s comment on that potential problem; I am not saying that that will necessarily occur, but it is a distinctly possible.

[Graham Stuart]

It is highly unlikely.

[Dr Whitehead]

Well, just two years ago we thought it was highly unlikely that the LCCC would be giving away £1.4 billion with CfDs, so there we are.

On the subject of the LCCC, we have observed something that the Minister did not really give prominence to: we are actually talking about two levies. There is a support levy and an operational cost levy, both of which are separate—they are calculated as separate—but collected by the LCCC.

The interesting thing about the operational levy is that it is effectively collected by the LCCC to pay itself. The pay under the operational levy is by no means minimal; indeed, the impact assessment puts it as rising to about £700 million a year by 2024-25. That is an LCCC estimate, but it is the cost that the LCCC will recover through the operational levy, which the company itself sets.

There appears to be a bit of solipsism at work. The LCCC seems to be responsible for deciding what it will collect, for collecting it, and then for deciding on the next levy and so on. What regulation will be in place to ensure that the operational levy is collected in a reasonable manner, providing for reasonable operational costs, rather than being a subjective levy on the basis of what the LCCC thinks it is going to do?

--- Later in debate ---

[Graham Stuart]

I thank the hon. Members for Southampton, Test and for Kilmarnock and Loudoun for their contributions.

It is clear that our electricity system must be resilient and affordable as well as low-carbon, and that means that we need nuclear power. The regulations are required fully to establish the RAB model and enable sufficiently advanced nuclear projects to benefit from this new funding model, which can support our ambition to reach final investment decision on new projects, subject to relevant approvals, and to secure a low-carbon, low-cost and resilient electricity system to ensure our energy security and prosperity.

Let me reply to some of the numerous questions that have been asked. On the issue of investment in Sizewell C, we know from conversations with multiple investors that there is a strong interest in supporting infrastructure that delivers energy security and net zero. The importance of nuclear has been made even clearer by Russia’s invasion of Ukraine, and we are not exactly alone in holding that view. Among others, the Climate Change Committee, the International Energy Agency and the UN Economic Commission for Europe have all highlighted the role for new nuclear electricity-generating capacity. The UN Economic Commission was particularly clear—perhaps the hon. Member for Kilmarnock and Loudoun will take it up with them—that

“the world’s climate objectives will not be met if nuclear technologies are excluded”

from decarbonisation policy solutions. His ideological opposition to nuclear flies in the face of the science, global opinion and the UN, among others.

The hon. Member for Southampton, Test raised the issue of the LCCC’s running costs. A robust internal governance and approvals process was completed before finalising the operational cost levy rates that are included in the draft revenue regulations, which are intended to meet their operating costs. We consulted on the levy, and the total annual impact of the levy on household electricity bills over financial year 2022-23 to 2023-24 was estimated to be negligible. If LCCC expenditure is less than income from the levy, any surplus would be refunded to suppliers and then on to consumers, which is how that system works.

The hon. Member for Kilmarnock and Loudoun asked about the impact assessment. Hinkley Point C was the right deal, struck at the right time, to support the UK’s first nuclear power station in a generation, using a new reactor technology, as he rightly said. The National Audit Office has identified that risk-sharing models such as RAB could deliver better value than contracts for difference, and Hinkley Point C is delivering multiple benefits, including 15,000 job opportunities and £4 billion spent with companies in the south-west alone. Many Scottish consumers will wish that the ideology of the Scottish nationalists did not get in the way of them also having such opportunities.

[Alan Brown]

Will the Minister give way?

[Graham Stuart]

With respect to the hon. Gentleman and the Committee, I will move on.

Future new nuclear projects will be negotiated on a case-by-case basis and be subject to value-for-money tests. The hon. Member for Kilmarnock and Loudoun—I hope I am doing him justice; I am trying to anyway, as I always would—asked whether RAB had already been tried and had failed in the US. There are multiple important differences between the projects in the US, which used early cost recovery models, and our proposals for RAB in the UK. We assessed those US projects, to ensure that we learned the lessons, along with other international approaches to nuclear project financing when developing our policy for the RAB model for nuclear.

The hon. Member for Southampton, Test asked about the holistic approach. Notwithstanding his dislike of the nomenclature, I set out how we are supporting constituents in various ways going forward.

On decommissioning, details of the costs for Sizewell C are subject to ongoing development and are commercially sensitive. Both the FDP and the full value-for-money assessment will—or would—be published at the point of a final investment decision, if indeed that is reached, as we hope that it will be.

A further question was asked about design costs and whether the charge could come then. On average, for the entire construction period, it will be about £1 per week for a dual-fuel household, as I set out earlier. That is not when operational, when producing energy, but in those early stages.

[Alan Brown]

Will the Minister give way?

[Graham Stuart]

Design costs will be agreed with developers in negotiations. Published non-statutory guidance on how Government will assess day one RAB costs, including design costs, will be developed—[Interruption.] I should have said £1 per month, not £1 per week—I have been corrected and suitably refreshed. On that basis, I am delighted to commend the draft regulations to the Committee.

Question put.