Question

To ask the Secretary of State for Energy and Climate Change, what steps she has taken to revoke payments made to unlawful developments under Renewable Obligation certificates or feed-in tariffs.

Ofgem administers the Renewables Obligation (RO) and Feed-in Tariff (FITs) schemes in accordance with the requirements of the relevant scheme legislation - the Renewables Obligation Order 2009 (as amended) and the Feed-in Tariff Order 2012 (as amended).

Article 41 of the Renewables Obligation Order 2009 sets out the circumstances in which renewable obligation certificates may or must be revoked by Ofgem. These are explained in Ofgem’s ‘Renewables Obligation: Guidance for Generators’[1].

Articles 17 and 35 of the Feed in Tariff Order 2012 provide for Ofgem to reduce, withhold or recoup FIT payments and further details are set out in ‘Ofgem’s Feed in Tariff: Guidance for Renewable Installations' [2].

[1] See paragraphs 5.37 – 5.40 of Ofgem’s ‘Renewables Obligation: Guidance for Generators (June 2014 ) at https://www.ofgem.gov.uk/ofgem-publications/87997/renewablesobligation-guidanceforgenerators1june2014.pdf

[2] See paragraphs 4.53 to 4.57 of Ofgem’s Feed in Tariff: Guidance for Renewable Installations (June 2014) at https://www.ofgem.gov.uk/ofgem-publications/88268/fitgeneratorguidanceversion7june20141.pdf.