The EII Exemption Scheme: everything you need to know

What is the energy-intensive industries (EII) exemption scheme?

The EII exemption scheme aims to help big energy users stay competitive in a global market. Qualifying businesses can claim an exemption of up to 85% of their Contract for Differences (CfD), Renewables Obligation (RO), and Feed-in Tariff (FiT) costs. Providing firm financial footing in a post-Covid economy.

Why was the EII exemption scheme launched?

The UK has pledged to achieve net zero emissions by 2050, which will require a transformative shift towards clean energy across the economy. This has resulted in a variety of government schemes which encourage the rise of electricity generated from renewable and low carbon sources.

This initiative has seen success, with renewables accounting for 47% of the UK’s generation in the first quarter of 2020. And even as consumption dropped in Q2, wind power generated electricity continued to rise due to increased capacity. This upwards trajectory is only expected to accelerate, with promising new renewable energy projects on the horizon.

The levies and obligations funding this growth are initially covered by energy suppliers. But, these costs are passed down to domestic and non-domestic consumers in the form of higher energy bills.

This puts energy-intensive businesses at a disadvantage. Especially when competing against their EU counterparts with lower energy costs. The launch of the EII exemption scheme is a solution to this problem and aims to maintain the UK’s position in the global market.

When was the scheme rolled out?

The original solution to the issue of higher costs for EIIs was a compensation scheme launched in 2016. This allowed big energy users to apply for relief from the energy costs they had already paid.

This was then replaced by the EII exemption scheme, rolled out between autumn 2017 and spring 2018. This change of approach is meant to offer energy-intensive businesses more long time certainty and stability as well as higher cost savings.

eii

Who can apply?

To be eligible for an EII exemption, a business must meet five key requirements.

  • The business must manufacture a product in the UK within an eligible sector – the “sector level test”.
  • The business must pass a 20% electricity intensity test – the “business level test”.
  • The business must not be an Undertaking in Difficulty (UID) – the UID guidelines explain that “an undertaking is considered to be in difficulty when, without intervention by the State, it will almost certainly be condemned to going out of business in the short or medium term.”
  • The business must have at least two quarters of financial data.
  • The application must contain evidence of the proportion of electricity used to manufacture the product for a period of at least three months.

Learn more about applying for an exemption certificate.

Big energy users who do not qualify for the EII exemption scheme should still be aware of rising energy costs. They should explore schemes such as Carbon Footprinting, Energy Audits, Streamlined Energy and Carbon Reporting (SECR) and Energy Savings Opportunity Scheme (ESOS). These can provide invaluable insight into your environmental impact and routes to improve energy efficiency within your company.

Has Covid-19 had an impact on the scheme?

Covid-19 has thrown various sectors of the UK economy into a state of uncertainty and decline. The energy sector was especially impacted by the fall in energy consumption in the first six months of 2020. And resulted in a subsequent drop in electricity prices. This could make it more difficult to calculate a business’ energy intensity and whether it is “in difficulty”. Because of this, the government will be excluding the period from 31 December 2019 to 30 June 2020 from its assessment of whether a business is in financial difficulty or not.

How can EIC help?

Here at EIC, we support big energy users with the management of their energy, buildings, carbon and compliance. As a result, we’re able to uncover actionable insights that allow you to manage and control all elements of your energy bill on both sides of the meter.

Armed with a comprehensive understanding of government schemes and legislation, we can help turn your frustrating admin into rewarding opportunities. We can navigate complex applications such as that for the EII exemption certificate – saving you valuable time and resources.

Contact us to learn more about how EIC can help your business.

2021 outlook for big energy users

Covid-19 continues to give rise to uncertainty and financial volatility across the globe. And while there is a potential end in sight, there is still a long road to normality ahead.

Fortunately, the UK has set out a sustainable recovery plan focused on fighting climate change and revolutionising the energy sector. This green wave will bring with it a range of challenges and opportunities for big energy users across the private and public sectors.

Looking forward

With COP26 around the corner and a 2050 net zero target to consider, the UK’s decarbonisation efforts have increased significantly. The past year has seen announcements like plans for the issue of the UK’s first green bond, a 2030 ban on petrol cars, and mandatory TCFD recommendations for large businesses. These green initiatives culminated in the highly anticipated new energy white paper which maps out a clean energy transformation. Fuelled by the evolution of technology like AI and IoT, the energy landscape is predicted to be more flexible and transparent than ever before.

However, whilst it’s fairly clear what is on the horizon for the energy sector, there is less certainty around the energy market. Will energy prices continue to recover as demand rises post-Covid? Will the increased reliance on renewables make energy prices more volatile? How will Brexit impact the energy market if at all? And how can big energy users find opportunities in the current uncertainty?

EIC’s ‘2021 outlook for big energy users’ report

Our report outlines the upcoming trends for big energy users and how EIC’s team of energy specialists can help businesses stay ahead of the curve.

2021 energy outlook for big energy users

Download our ‘2021 energy outlook for big energy users’ report


How EIC can help

The UK’s decarbonisation mission will rely upon a changing energy mix, more flexible energy grids, innovative tech, and widespread improvement of energy efficiency. At EIC we like to offer next generation solutions that help our clients prepare for a green future.

Our sister company t-mac delivers compelling metering, monitoring and BMS controls solutions via our in-house team. This is just one of many innovative services that can revolutionise the way you run your business. Allowing you to manage and control all elements of your energy bill on both sides of the meter.

EIC’s services can transform your wider energy strategy to encompass efficiency and self-sufficiency. We can also guide you through compliance with complex carbon legislation, making sure you are working towards ambitious net zero targets.

To learn more about optimising your sustainability strategy contact us at EIC today.

Challenging Winter Ahead for Triad Season

Winter is fast approaching and the Triad season will soon begin. This is an important time for many large UK consumers as they seek to lower transmission costs by reducing demand during potential Triad periods. Triads are three half-hour periods with the highest electricity demand between the start of November and the end of February and each Triad must be separated by at least 10 clear days. This means consecutive days of high demand won’t result in multiple Triads.

If your electricity contract allows it then reducing your demand at these specific points will result in lower transmission charges. However, knowing when Triads occur is a complex business so, to help our clients, EIC provides a Triad Alert service. We have successfully forecast each of the three Triad periods for the last 8 years, saving customers millions of pounds in transmission charges.

Pandemic continues to suppress demand

Winter peak demand is at its lowest point since 1992/93 and is now 14 GW (~24%) lower than the peak of 2010/11. There are a number of factors that have contributed to the fall in peak demand over the past decade. These include improvements to the energy efficiency of appliances, an increase in LED lighting and a rise in embedded generation.

However, in 2020 we can add another significant contributor to demand reduction. The coronavirus pandemic has led to a dramatic fall in peak demand since mid-March. Demand has increased since lockdown ended but is still lower than previous years.

National Grid are currently forecasting peak demand over the Triad period to be around 43-44 GW, slightly lower than last winter’s peak of 45 GW. The winter demand forecast looks to be flatter than previous years, making predicting when Triads will fall far more challenging. It is therefore important to receive Triad alerts from a trusted and reliable source such as EIC.

EIC’s record of Triad season success

EIC has an in-house model which has successfully forecast every triad period for the last eight years. We issue clients with comprehensive alerts advising them when a Triad is forecast, so they can reduce consumption accordingly.

Our Triad Alert Service forecasts the likelihood of any particular day being a Triad and sends alerts before 10am. Businesses can then take action to avoid high usage during these periods, while minimising disruption to everyday activity. We also monitor the market throughout the day and send out an afternoon alert in the event of significant change. The daily report can also help you plan ahead with an overview of the next 14 days alongside a long-term winter outlook.

Calling daily alerts would generate a 100% success rate, however this could have a negative impact on our clients. Organisations would incur major damage to revenues if required to turn down their production each day for 4 months ‘just in case’ and at EIC our aim is to provide as few alerts as possible. Over the 2019/20 Triad period we called just 13 alerts while the average supplier issued over 20.

Triads granted extra year

In December 2019, Ofgem published their final decision on the Targeted Charging Review (TCR). The main outcome of this decision is that, from April 2021, the residual part of transmission charges will be levied in the form of fixed charges for all households and businesses. However, as a result of the coronavirus pandemic Ofgem has decided to delay this by a year. This provides an extra opportunity for consumers to benefit from Triad avoidance before TCR changes arrive in April 2022.

With the TCR, Ofgem aims to introduce a charge it considers fair to all consumers, not just those able to reduce during peak periods. For the majority of consumers these changes will lead to a reduction in transmission costs. However, for those who are currently taking Triad avoidance action it is likely that their future costs will rise.

How we can help with Triad season

We have helped hundreds of clients avoid these transmission costs by providing them with the tools needed, giving EIC an enviable track record in Triad prediction.

Last year, our customers cut demand by an average of 41% compared to standard winter peak-period half-hour consumption – resulting in significant cost savings. Clients who responded to our Triad Alerts, saved on average £180,000. Our best result last winter saw a client saving nearly £1 million in TNUoS charges.

The Triad season starts on 1 November. Find out more about our Triad Alert service.

The end of fixed term energy contracts?

EIC expands on recent comments from industry professionals concerning the viability of fixed-term energy contracts in an uncertain future.

The floodgates open

The impact of COVID-19 has been felt at all levels of commerce, whether it be the radical transition to remote working or exposing the fragility of the fossil fuel sector.

Many organisations have recognised the opportunity that remote communications technology like Zoom and Skype have presented. Building costs account for a huge portion of the average firms outgoings and by reducing the need for space, these costs can shrink as well.

‘The new normal’ it seems could be a boon for all businesses in terms of operation costs, not to mention time saved for their employees. However, as with any paradigm shift, this transition has a great deal of uncertainty attached to it.

A major challenge facing energy suppliers will be in predicting consumption patterns as more people start to work from home. Unpredictable fluctuation will make it more difficult for suppliers to mitigate risk on fixed term contracts. As a result, they will become greatly exposed to imbalance charges and ‘Take-or-pay’ penalties embedded in most standard fixed contracts.

Fixed vs flexible contracts

As a means to protect against these volatile shifts in the country’s energy demand, energy suppliers will increase the price of fixed energy contracts. Doing so will protect against uncertain consumption patterns. Suppliers may also begin to leverage the terms within those contracts to the cost of the firms they are supplying.

Chris Hurcombe, CEO of Catalyst Commercial Services, believes fixed-price contracts may ultimately disappear as suppliers struggle to predict consumption patterns and attempt to insulate themselves from risk.

Post-Covid, there are too many unknowns for suppliers to price them accurately, so they are doing everything possible to de-risk contracts. Credit requirements are going up and some suppliers are not pricing for certain industries without an upfront deposit or a significant price premium…”

Chris Hurcombe, CEO of Catalyst Commercial Services

Currently, fixed-price contracts levy a 10% price premium compared to their flexible counterparts. Additionally, Hurcombe has predicted a 15-17% rise in 2021,  continuing to 20% the following year.

Non-commodity costs, expected to climb in the near future, now represent the lion’s share of energy bills. As such, they represent the largest risk factor for end-users/client procurement budgets. These ‘fixed’ contracts, which allow suppliers to pass through additional energy charges, may hold a costly surprise for the firms taking part.

ballerina lying on grass doing the splits

Help on the inside

Fortunately, flexible contracts, which EIC specialises in procuring, offer means to reduce or avoid some of these charges. They also afford adaptability in a changing commercial landscape. As volume consumption forecast becomes difficult and budget certainty key for the survival of companies, flexibility will become crucial.

The UK commercial and industrial sectors consume 185TWh annually, approximately £27bn worth, so the potential savings here are gargantuan. Savings of such magnitude can’t be ignored in an economy approaching its deepest recession since 2008’s financial crisis.

EIC can secure you a flexible energy contract to take advantage of these savings. The key markers that EIC looks for when engaging suppliers include contract features and functionality, transparency around price-fixing mechanism and competitiveness of the supplier’s account management fee.

Using these criteria means EIC can effectively guide your market position despite the fluctuations that a post-COVID future promises.

Existing EIC clients were collectively under budget to the tune of £65.7m between 2014 and 2018 for electricity and gas. One pharmaceutical client enjoyed 78% in annual savings over a 36 month period.

Find out more about how to recruit EIC’s expertise into your negotiations.

 

T-3 Capacity Market auction clears at new lows

The T-3 Capacity Market (CM) auction has cleared at £6.44 per kilowatt per year, marking the lowest outturn for a T-3 auction to date. The result will guarantee capacity for delivery over winter 2022/23.

A required capacity of 44.2GW was made available to bidders representing a total 59GW of derated capacity. The final result saw National Grid ESO procure 45.1GW of capacity.

The T-3 auction is the first since the reinstatement of the CM in October 2019. Two further auctions are scheduled for this year; a T-1 auction commencing 6 February and a T-4 auction to start 5 March.

The Market was originally suspended in November 2018, following a ruling from the European Court of Justice that the design of the scheme was biased against small-scale, clean energy units and therefore should not be eligible for State Aid approval. However, the ensuing investigation carried out by the European Commission reconfirmed its eligibility, enabling the Market to be restored.

Capacity Market consultation launched

Following the recent reinstatement of the Capacity Market the Department for Business, Energy and Industrial Strategy (BEIS) has launched a consultation on proposed changes to the scheme. The government hope to implement improvements to the CM’s design to reflect recent market and regulatory developments.

In summary, the government proposes to:

  • Allow all types of capacities to apply to prequalify to bid for all the agreement lengths available in the Market, provided they can demonstrate they meet relevant capital expenditure thresholds.
  • Reduce the minimum capacity to participate from 2MW to 1MW.
  • Legislate the government’s commitment to procuring at least 50% of the capacity set-aside for the T-1 auction.
  • Incorporate any new capacity type into the CM that can demonstrably contribute to the generation adequacy problem.
  • Establish a reporting and verification mechanism for the carbon emission limits to be applied to the Market.
  • Remove the exclusion of plants with Long-term STOR (Short-term operating reserve) contracts from the CM.

The consultation will conclude on 2 March 2020.

STAY INFORMED WITH EIC INSIGHTS

Our Market Intelligence team keep a close eye on the energy markets and industry updates. For the timeliest updates you can find us on Twitter and LinkedIn

Weekly Energy Market Update – 20 January

Gas

Gas prices fell heavily again last week with contracts across the curve falling to new lows. Price drivers for the market are unchanged with the extent of oversupply and strength of fundamentals continuing to weaken prices. Balance of Winter and Summer 20 prices fell 7% across the week, with losses continuing today. The Summer 20 contract has dropped nearly 40% in the last three months. The oversupply is being driven by record storage stocks in the UK and Europe. Unseasonably mild temperatures so far this month, coupled with very high wind levels have depressed demand.

Meanwhile record LNG imports have balanced the gas system with minimal use of storage withdrawals or Interconnector imports from Europe. Price falls this winter have been strongest for the Summer 20 contract, which anticipates very limited injection demand and an inability to absorb excess supply during the milder months. The strength of losses in short-term contracts have now brought down the rest of the curve with seasonal 2021 contracts down 5% across the week, breaking below their previous December lows.

Gas demand has risen sharply today with consumption rising around 80mcm from last week, as temperatures briefly drop to below seasonal-normal levels. Lower wind output of under 5GW this week is also increasing gas for power generation. However, the demand is being comfortably met by supply, notably from LNG, which has risen to more than 130mcm to match the higher demand. This underlines the strength of flexibility within the gas supply system. Milder, windier conditions are returning at the end of the week.

Power

In the power market, contracts on the curve are following the gas market lower, reflecting the declining costs of gas for generation. Very high winds pushed Day-ahead power prices to new lows of £32/MWh but the prompt has risen across the week in anticipation of higher demand from lower winds and colder temperatures this week.

Wind generation across the week was consistent at over 8GW, reaching highs of 14GW as Storm Brendan swept across the UK. Power demand is expected to rise this week as temperatures have dropped to below seasonal-normal levels with wind output as low as 2GW. However, the extensive gas supply flexibility offered by record storage stocks, LNG and Interconnector imports is weighing heavily on prices.

Prices across the curve are down 3% week-on-week. However, the losses in the power market are more gradual than the corresponding gas contracts. This is the result of price support from rising carbon prices, protecting the power curve from further losses. Carbon costs pushed above €25/tCO2e last week, to new highs for the year.

 

Weekly Energy Market Update – 13 January

Gas

Gas prices on the curve moved lower week-on-week, with the market close to the record contract lows seen at the end of December. However, price movement was more volatile after gains of as much as 10% in the aftermath of the US air strike in Iran. Those gains had been fully reversed by the middle of last week. Concerns over supply disruption in the region, and possible LNG exports from Qatar eased, with the strength of fundamentals within the market returning to focus as the biggest price driver.

Declines across the gas market seen since October have accelerated in recent weeks as the extent of oversupply in the system became more apparent. After reaching eight-year highs in December, LNG imports continued to flood into the UK in the first half of January. Gas demand levels have been unseasonably low amid above average temperatures and very strong wind levels. The record low levels attracted some buying interest, while reduced LNG sendout and Norwegian imports via Langeled left the system undersupplied on some occasions. This provided some price support with the market bouncing off those lows late last week, with a continued modest recovery today. However, prices remain close to historical lows, with the fundamental outlook for the gas market remaining highly bearish. Losses were strongest on the front of the curve with the February market and Summer 20 prices down 7% week-on-week.

Prolonged above average temperatures are forecast in January while the UK and Europe is set to end winter with record levels of gas in storage which will affect injection demand during the milder summer months. Storage withdrawals and Interconnector imports have been largely untouched throughout winter, but can provide substantial supply flexibility and spare capacity as required.

Power

Power prices have mirrored movements in the gas market. A bounce across the energy mix in the aftermath of the US air strike in Iran has been reversed with contracts pushing back towards the lows seen at the end of December. The very low cost of gas-fired generation, particularly this summer, is weakening electricity contracts.

The February power market fell 5% across the week with seasonal power contracts for 2020 down 4%. Elevated carbon prices, which remain above €24/tCO2e are underpinning the power market, slowing the extent of declines relative to gas. However, the downward pressure on electricity prices continues, with very high renewable availability providing further bearish signals.

Day-ahead power prices rose across the week as demand increased from their holiday lows. However, at £36/MWh, the prompt market remains highly depressed, below the trading range seen during most of the summer season. Furthermore, while electricity consumption rebounded to 45GW last week the outlook for consumption remains very weak because of the near-record levels of wind generation.

Forecasts of up to 14GW of wind generation throughout the coming week is driving down demand. The high levels of on-site embedded generation from wind is reducing demand on the transmission network. Peak power demand this week is forecast at just 43.0GW, a drop of 4GW compared to the same week last year. The high winds are expected to continue until Friday as Storm Brendan sweeps across the UK. Weather conditions are set to shift next week as winds drop and temperatures cool from current above average levels.

 

STAY INFORMED WITH EIC INSIGHTS

Our Market Intelligence team keep a close eye on the energy markets and industry updates. For the timeliest updates you can find us on Twitter and LinkedIn.

What has caused September price swings?

Concerns over supply, demand and flexibility within energy markets ahead of the highest demand period of the year were highly price supportive.

Black Swans

In less than a week of trading, front-month gas prices climbed 25%, and the corresponding power contract rose 15%.
The Winter 19 power contract spiked £4.55 in just one day, while Winter 19 gas jumped over 6p/th, the largest daily move on a seasonal contract since at least 2008.

gas season prices

The initial price spikes were triggered by the simultaneous discovery of three ‘black swans’, an industry term describing unpredictable events that go beyond normal expectations of the situation.

season power prices

A fourth such event occurred a few days later when rebels attacked Saudi Arabian oil facilities. Brent and WTI crude oil prices saw the highest within-day spikes in 30 years, with both markets gaining more than $8/bbl in one day. The jump in the oil market provided more bullish support to the wider energy mix, with longer-dated gas and power contracts moving to new highs on the back of the increased oil costs.

crude oil prices

As these unpredictable events have developed, energy prices have given back some of the exceptional gains. However, prices remain elevated across the month, above the lows seen in early September. Here we explain what these issues were and how they are impacting on the energy market.

Groningen Gas

The Dutch Government reported that the production cap at its Groningen gas field will be lowered to 11.8bcm for the upcoming gas year from 1 October 2019. The state also confirmed that the site – previously Europe’s largest – would close entirely by 2022, eight years earlier than expected.

groningen gas production

Production at the field has been gradually slowing for seven years after drilling led to a series of earthquakes, forcing legislation to limit output. In 2013 the field was producing 54BCM/y, declining to 11.8BCM for 2019/20. While the reduced supply from Groningen was somewhat expected within the market, supply was expected to be available for another eight years. This curtailment helped to support a sudden price rise across the curve.

dutch gas production

The loss of production has been reflected in the loss of flexibility within Dutch gas supply, and therefore reducing the ability to respond to spikes in demand or other supply issues. Five years ago Dutch gas production was able to ramp up to 277MCM/d in response to high demand on a cold day. However, production last winter peaked at just 164mcm, while output so far in September 2019 has averaged under 50mcm/d.

OPAL Pipeline

The OPAL pipeline in Germany connects the Nord Stream pipeline with connections in central and western Europe. This month the European Commission overturned a ruling in 2016 which had effectively allowed Russian giant Gazprom a near monopoly of the volume of the pipeline, with 90% access. A complaint from neighbouring countries, led by Poland, saw this ruling challenged and the Russian transit through the link must now be cut to 40%.

The OPAL pipeline had allowed Russian gas to reach central Europe via Nord Stream and onwards, without transiting war-torn Ukraine. The EU decision will see Gazprom’s access cut by half, potentially reducing the availability of Russian gas to enter Europe, unless other transit routes are made available.

French nuclear power plants

EDF reported welding issues with at least five of its nuclear reactors, which could force shutdowns of the power stations. This would greatly reduce available power supplies for France, where 80% of its generation is supplied by nuclear and the majority of domestic heating is electric. Demand for imports will increase as will demand for more expensive and less efficient gas and coal plant, which also increases the consumption of carbon.

The UK’s interconnection with France sees imports from France provide the marginal supply to Britain, ensuring the countries’ pricing is closely aligned. Issues with French nuclear manufacturing had previously occurred in autumn 2016 when over 40% of France’s nuclear fleet closed down. This caused record spikes in UK power prices, with the Day-ahead market at over £150/MWh, and the front-month contract doubling from £40/MWh to over £80/MWh.

UK day ahead power prices

The potential loss of nuclear generation adds significant risk to the coming winter, particularly if tighter power supplies coincide with cold, windless weather conditions when gas demand is already at its highest levels for the year.
Since the initial announcement, EDF Energy has confirmed just six nuclear reactors are affected by the welding issues identified. The company believes no immediate action is required, an announcement which triggered a pull back in prices. However, the ultimate decision on whether to close nuclear plants for repairs lies with the French nuclear regulator ASN.

Saudi Arabia oil attack

The last piece of news impacting energy markets in September was a series of rebel drone attacks on major Saudi Arabian oil processing facilities at Abqaiq and oil fields at Khurais. The United States has blamed the attack on Iran, but Tehran claim no involvement. US-Iranian tensions were already heightened after a failed nuclear power agreement last year and attacks on oil tankers in the Middle East.

The rebel attack in Saudi Arabia forced around 7 million barrels per day of production offline, halving the country’s output and impacting on more than 5% of global oil supply.

However, Saudi Arabia confirmed it met customer orders by tapping into substantial storage reserves. Furthermore, the affected facilities would be back to pre-attack volumes by the end of September. Tensions remain heightened in the region but the swift return to operation of the affect facilities prompted oil prices to drop back from the earlier peaks.

Price Outlook

Uncertainty lingers over these issues, despite fresh developments so the potential for further price spikes remains in play. However, within the recent volatility on energy contracts, prices across gas, power, oil, coal and carbon remain within a sideways range. In fact, the majority of contracts range-bound since the start of the summer season.

The threat of a break below this range has been mitigated by the recent price spikes. However, the highs reached in July have yet to be tested. How the energy market breaks out of this range will determine future price action.

UK Capacity Market suspended by European Court of Justice

Somewhat lost amongst the noise surrounding the proposed Brexit Agreement comes the news that UK’s Capacity Market (CM) will undergo a temporary suspension.

 

What is the Capacity Market?

The Capacity Market allows plant to offer capacity to the electricity system at a price set by auction. The market has been introduced to prevent a short-fall in electricity generation due to the closure of older fossil fuel plant. Every year, the Government decides how much capacity will be needed to safeguard the system. Both generators that are currently operating, and those that are being developed, can take part in the scheme.

 

The Court’s Ruling

The ruling from the European Court of Justice (ECJ) follows Tempus Energy’s challenge to the UK Government that took place in 2014. The company took issue with the decision to grant the UK’s Capacity Market with State Aid approval, making claims that the design was biased against small, clean energy, making it easy for coal, gas, and diesel generators to control the market.

The ECJ said that the European Commission was wrong to not more closely investigate the UK’s plans to establish the CM in 2014, when the organisation was originally responsible for assessing whether the policy complied with State Aid rules.

Under EU State Aid rules, it is required that member states need to consider alternative options to meeting power demand before subsidising fossil fuel generation. The rules also require any measures taken to increase capacity to be designed in a way that encourages operators of new clean technologies.

 

What’s next?

The ECJ’s decision means that payments made under the Capacity Market scheme will be frozen until the UK Government can obtain permission from the European Commission to continue.

Furthermore, the UK will also not be allowed to conduct any further CM auctions for energy firms to bid on new contracts. The nearest auctions were scheduled for early 2019.

Sara Bell, CEO of Tempus Energy, said: “This ruling should ultimately force the UK Government to design an energy system that reduces bills by incentivising and empowering customers to use electricity in the most cost-effective way – while maximising the use of climate-friendly renewables.”

 

How will this affect you?

The Government has released a statement saying that security of supply will not be impacted over this winter.

They acknowledge a ‘standstill period’ on the Capacity Market during which they will be working closely with the European Commission in order to aid their investigation and seek approval for the Capacity Market.

The cost of the Capacity Market is recouped via customers and currently accounts for 2.9% of an electricity bill.

The suspension of the payments to generators may result in customers receiving a refund, or at least a halt to ongoing payments while the suspension is in place.

However, if the scheme is cancelled all together it would lead to the removal of one cost to customers; the Capacity Market charge is just one of numerous non-commodity charges, paid on top of the wholesale price of energy, that are rapidly increasing.

 

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How will Brexit affect the UK energy industry?

The energy sector in the UK had already seen significant changes with the Energy Act 2011 and various proposals for reform of the electricity market. The potential impacts of Brexit on the UK and global economy could be far-reaching. However, the direct impact on the energy industry is likely to be more muted.

Oil and gas markets are traded on an international level and the EU has little influence over the make-up of a member states energy mix. There will be no danger of blackouts or supply shortages and in the short-term you may see little day-to-day change.

However, the longer-term outlook for post-Brexit energy may be altered, with one of the major issues being the UK’s relationship with, or role within, the EU Internal Energy Market (IEM).

 

The EU Internal Energy Market (IEM) – will the UK stay a part?

The IEM is a borderless network of gas and electricity transfers between EU member states. Common market rules and cross-border infrastructure allow for energy to be transferred tariff-free between countries.

Post-Brexit, the UK is likely to have less influence over EU energy regulation but will be able to adopt a different, potentially lighter, framework for its energy polices. The extent to which the UK still adheres or follows the EU energy regulation will be dependent on any ‘deal’ reached before March 2019.

Continued access to the IEM is a key priority for the UK Government in its Brexit negotiations. This would allow the country to continue to take advantage of various benefits associated with the IEM including increased security of supply, market coupling, cross-border balancing and capacity market integration.

Having recognised the benefits of the IEM the Government is seeking to retain as free as possible access to internal market and to maintain a strong influence on energy within the EU.

Plans to increase interconnectivity with the Continent are continuing and enhancing with many new interconnector links currently in development (see below). Irrespective of negotiations, this will require close cooperation with the EU Internal Energy Market going forward.

However, there are some inconsistencies in regards UK plans encompassing full membership of the IEM. Continued participation in the IEM is likely to involve the UK adopting various European legislation, which may not tally fully with UK judicial ambitions unless the UK remains part of the institutions which handle EU energy regulation (ACER, ENTSO-E and ENTSO-G for example).

 

Will Brexit impact on connectivity between the UK and Europe? What about Interconnectors?

The ongoing Brexit negotiations are having no real impact on developments, with four new Interconnector links now under construction.

The Government wants to see all the current planned projects through to operation, the majority of which will not be completed until after the UK has left the EU. Business Secretary Greg Clark had indicated he was keen for the UK to remain in the EU’s Internal Energy Market, although the final result will depend on the outcome of Brexit negotiations.

Regardless of the outcome, the UK’s energy network connections to the EU will remain in place. The Government recently posted guidance on the trading of gas and electricity with the EU if there is no Brexit deal. The publication highlights that there are only small changes expected to Interconnector operations, advising operators to engage with relevant EU national regulators to confirm any requirements for the reassessment of their access rules.

The main area that may see impact is for proposed Interconnectors; those which are still in the stages of project development, without final financial decisions. Uncertainty caused by Brexit, surrounding commercial, regulatory, and operational impacts, will likely see planning stages revisited to adjust for these challenges.

The UK may lose access to the Connecting Europe Facility (CEF) going forward. The CEF help to provide funding for Interconnectors across Europe through targeted infrastructure investment. The Government has confirmed any commitments that have already been made by the CEF regarding Interconnectors into the UK will be safe following the UK’s withdrawal. However, it is not clear whether companies in the UK will be able to seek investments for new projects.

 

Will EU State Aid rules still apply to the UK?

Unless the UK remains part of the European Economic Area (EEA), then the EU State Aid rules would no longer apply. The Government has said it will transfer existing EU State Aid law into domestic law after Brexit. The Competition and Markets Authority (CMA) will take over responsibility of State Aid enforcement. Going forward, UK rules may diverge from the EU but the extent of this will be limited by the terms of a future UK-EU trade deal.

In the immediate aftermath of Brexit, no significant change to State Aid rules is expected.

 

Will coal plants stay open?

Coal-fired power plants in the UK are required to adhere to the EU Industrial Emissions Directive (IED) which places conditions on such plants in order to control and reduce the emissions and waste they generate. Strict emissions limits often require substantial investment in technology to reduce pollution. Several plant determined this was not cost effective, and will close down. All but one coal plant has chosen not to adhere to the new regulations and will close by 2023, and several have already done so.

Despite Brexit, these unabated coal plant will close. The Government has confirmed its policy to remove coal from the fuel mix entirely by 2025.

The Medium Combustion Plants Directive 2015 (MCP) operates in a similar manner, limiting the emissions of harmful pollutants. The UK has adopted both the IED and the MCP into its European Union (Withdrawal) Act, meaning that in the short-term these regimes will continue beyond March 2019. In the long-term the UK and EU will need to agree on common standards following Brexit.

 

What about EU investment in energy projects?

Several EU initiatives promote investment in energy infrastructure which encompasses funding towards UK projects. The EIB, for example, has invested over €13bn into UK energy projects since 2010.

The draft EU Withdrawal Treaty anticipates this funding will continue, at least for projects approved by the EIB for investment before 29 March 2019.

After withdrawal from the EU, the UK will not be eligible for specific financial operations from the EIB which are reserved for EU member states. New projects may be supported by the EU depending on the nature and if it aligns with the EU’s own energy policy. Cross-border projects, such as Interconnectors and pipelines, may be available to non-member states.

The UK Treasury has sought to boost funding certainty and has vowed to underwrite all funding obtained via a direct bid to the European Commission and has also confirmed Horizon 2020 projects will still be funded.

 

What about the gas market, will supplies or prices be affected?

The UK already operates a diverse import infrastructure, consisting of Interconnectors and Liquefied Natural Gas (LNG) terminals to allow for the import of gas, mitigating against supply risks. Operations and gas flows are expected to continue as normal, irrespective of Brexit.

A more significant impact is likely to come from the expiry of long-term supply contracts and restrictions which allow for selling capacity on a long-term basis. The tariff network code restricts the price at which Interconnectors can sell their capacity. With Brexit it is unclear whether Interconnectors will continue to be bound by these restrictions.

Other benefits like the Early Warning Mechanism and the Gas Advisory Council may be lost unless the UK can negotiate to retain its role in these.

For Brexit to have a significant impact on gas prices (barring any substantial currency moves) then the withdrawal from the EU would need to lead to export tariffs on EU gas flowing to the UK.

 

How will Brexit affect the nuclear sector?

The UK indicated its intention to withdraw from the European Atomic Energy Community (Euratom) and the associated treaty (the Euratom Treaty) on 29 March 2017 as part of the Article 50 withdrawal process.

A report from the House of Lord’s energy sub-committee in January 2018 highlighted the potential for this withdrawal to impact UK nuclear operations such as fuel supply, waste management, and research.

However, the Government has made clear withdrawal from Euratom will not affect nuclear security and safety requirements. A Nuclear Safeguards Bill was introduced to Parliament in October 2017, highlighting how this will be achieved by amending the Energy Act 2013.

The Government will also continue to fund nuclear research in the UK, through programs like the Joint European Torus, Europe’s largest nuclear fusion device. Going forward, the UK will negotiate nuclear cooperation terms with other Euratom and non-Euratom members.

 

What about environmental impacts?

We’ve taken a look at the potential affect of Brexit on the UK’s climate change and renewable energy targets – find out more at our blog.

 

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What impact will Brexit have on UK climate change targets?

The energy sector in the UK had already seen significant changes with the Energy Act 2011 and various proposals for reform of the electricity market. The potential impacts of Brexit on the UK and global economy could be far-reaching. However, the direct impact on the energy industry is likely to be more muted.

 

How will Brexit impact on the carbon market and the EU ETS?

The Government has published plans for the implementation of a UK carbon tax in the case of a ‘no-deal’ Brexit.

Under a ‘no-deal’ scenario, the UK would be excluded from participating in the EU Emissions Trading Scheme (ETS). This would mean current participants in the EU ETS who are UK operators of installations will no longer take part in the system.

In this instance, the UK Government will initially meet its existing carbon pricing commitments through the tax system. A carbon price would be applied across the UK, with the inclusion of Northern Ireland, starting at £16/tCO2, marginally less than the current EU ETS price, maintaining the level of carbon pricing across the UK economy post-Brexit.

The tax would be applied to the industrial installations and power plants currently participating in the EU ETS from 1 April 2019.

The House of Commons Business, Energy and Industrial Strategy (BEIS) Committee has strongly recommended remaining in the EU ETS at least until the end of Phase III in 2020.

The UK’s 5th carbon budget, adopted in 2016, assumes continued participation in the EU ETS, and will need to be altered if the UK leaves the EU ETS.

 

Will Brexit affect the UK’s climate change targets?

The UK’s climate change targets are expected to continue unaffected by whatever Brexit deal is reached. The Climate Change Act 2008 established that such goals are undertaken on a national level.

However, there are several international issues in this area which will need to be settled. The UK’s emissions reduction target forms part of the EU target under the Paris Agreement and this will need to be withdrawn. The UK would also need to submit its own Nationally Determined Contribution under the United Nations Framework Convention on Climate Change (UNFCCC) processes.

 

What about renewable energy?

After Brexit, the UK will no longer be obligated by renewable energy targets as part of the EU Renewable Energy Directive. Additional freedom from State Aid restrictions has the potential to allow the Government to shape renewable energy support schemes.

The development of large-scale projects may be impacted by the availability of funding from EU institutions such as the European Investment Bank (EIB). However, renewable and low-carbon energy will remain a focal point of UK energy policy post-Brexit, with national and international decarbonisation obligations unaffected by their relationship with the EU.

As part of the European Union (Withdrawal) Act 2018, EU legislation will be initially transposed into UK law from 29 March 2019. For some elements of the EU law, the UK will need to reach an agreement with the EU in order to maintain the status quo.

 

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Autumn Budget light on energy

During the Chancellor’s hour-long speech the overall focus was on tax and spending, with little said about climate change. What energy-related announcements were made?

 

Climate Change Levy

CCL is a tax on energy delivered to non-domestic users within the UK. Businesses participating in Climate Change Agreements (CCAs) can avoid up to 90% of this levy by investing in agreed energy efficiency and emissions reduction measures.

This latest Budget announced upcoming changes to CCL rates. The Government’s ongoing efforts to rebalance the main rates paid for corporate gas and electricity use will see the two prices brought more in line with each other.

The electricity rate will be lowered in 2020-21 and 2021-22, whilst the gas rate will be increased in 2020-21 and 2021-22 so that it reaches 60% of the electricity main rate by 2021-22. Other fuels, such as coal, will continue to be aligned with the gas rate.

 

The impact to your energy bills

The increase in revenue for the Treasury will come as a direct result of higher energy bills for businesses. An increase in the CCL for 2019 was already expected as a result of the closure of the Carbon Reduction Commitment (CRC).

 

Carbon Price

Carbon Price Support (CPS) is applied to the power sector in the UK, with the exclusion of Northern Ireland, and has been a key driver in the reduction of coal usage in the UK fuel mix.

The Government has decided to maintain the UK’s carbon tax at £18 per tonne of CO2, until April 2021. However, the budget provides plans for the Government to reduce the CPS from 2021-22 if the total carbon price remains elevated.

In addition to this, the Government has published plans for the implementation of a UK carbon tax in the case of a ‘no-deal’ Brexit. Under a ‘no-deal’ scenario, the UK would be excluded from participating in the scheme. This would mean current participants in the EU ETS who are UK operators of installations will no longer take part in the system.

In this instance, the Government will initially meet its existing carbon pricing commitments through the tax system. A carbon price would be applied across the UK, with the inclusion of Northern Ireland, starting at £16 per tonne of CO2, marginally less than the current EU ETS price, maintaining the level of carbon pricing across the UK economy post-Brexit. The tax would be applied to the industrial installations and power plants currently participating in the EU ETS from 1 April 2019.

 

A freeze on fuel duty

Already announced ahead of the Budget, the Government has promised that fuel duty will be frozen for the ninth year in a row. This will see the tax on fuel, currently 57.95p per litre of petrol, diesel, biodiesel, and bioethanol, remain fixed over the winter period.

 

Enhanced Capital Allowances

The Budget also included changes to Enhanced Capital Allowances (ECAs), which are designed to encourage UK businesses to invest in high-performance energy efficiency equipment. The Government plans to end ECAs and First Year Tax Credits for technologies on the Energy Technology List and Water Technology List, from April 2020. The Government believe these ECAs add unnecessary complexity to the tax system and that there are more effective ways to support energy efficiency.

There is no new funding in place yet, but savings will be reinvested in an Industrial Energy Transformation Fund, to support significant energy users to cut their energy bills and help transition UK industry to a low carbon future.

The Government will extend ECAs for companies investing in electric vehicle charge points to 31 March 2023. This is part of the Government’s ambition for the UK to become a world-leader in the ultra-low emission vehicle market.

 

What about renewable energy?

Despite the recent landmark ‘1.5C report’ from the Intergovernmental Panel on Climate Change (IPCC), the Budget was very light on details concerning climate change and the environment. There were no announcements within the Budget to encourage new investment in renewable energy in the UK, despite industry calls to support new onshore wind and solar.

Leading renewable developers have previously urged the Government to clear a path for subsidy-free onshore wind farms, allowing developers to compete for clean energy contracts. Cost projections, published by the Department for Business, Energy and Industrial Strategy (BEIS), show that onshore wind is currently the cheapest power source available.

 

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