The Electricity and Gas (Energy Company Obligation) Order 2014

PART 5 Enforcement

Final determination and reporting

31.—(1) The Administrator must determine whether a supplier has achieved its—

(a) total carbon emissions reduction obligation;

(b) total carbon saving community obligation; and

(c) total home heating cost reduction obligation.

(2) A supplier may apply to the Administrator, in writing, by no later than 30th April 2017 for a qualifying action (“Q”) or a surplus action (“S”) to be credited against a different obligation to the one it is credited against at the time the application is made.

(3) The Administrator must approve an application if it is satisfied, as applicable, that—

(a) Q meets the applicable requirements in articles 12 to 16 in respect of that different obligation; or

(b) S meets the applicable requirement in article 27(3)(c) in respect of that different obligation.

(4) The Administrator must notify the supplier of its determination under paragraph (1) no later than 30th September 2017.

(5) The Administrator must submit to the Secretary of State a report each month, commencing in July 2015, setting out the progress which suppliers have made towards meeting their obligations under this Order.

(6) Not later than 30th September 2017 the Administrator must submit to the Secretary of State a report setting out whether suppliers achieved the—

(a) overall carbon emissions reduction target;

(b) overall carbon saving community target;

(c) overall home heating cost reduction target.

Information from suppliers

32.—(1) The Administrator may require a supplier—

(a) to provide it with specified information, or information of a specified nature, about a supplier’s proposals for complying with any requirement under this Order;

(b) to produce to it evidence of a specified kind demonstrating it is complying with, or that it has complied with, any requirement under this Order.

(2) A supplier must provide to the Administrator such information as the Administrator may require relating to the cost to the supplier of achieving its obligations under this Order.

Publication of energy savings achieved by suppliers and provision of information to the Secretary of State by suppliers

33.—(1) Once a year in 2016 and 2017 the Secretary of State must publish the energy savings achieved—

(a) by each supplier by qualifying actions and surplus actions credited towards the supplier’s obligations under this Order; and

(b) in total by qualifying actions and surplus actions credited towards suppliers’ obligations under this Order.

(2) The Secretary of State may require a supplier to provide, no more than once a year—

(a) aggregated statistical information on its final customers (identifying significant changes to previously submitted information); and

(b) current information on final customers’ consumption, including, where applicable, load profiles, customer segmentation and geographical location of customers.

(3) In this article—

(a) “energy savings” and “final customer” have the meaning given by article 2 of the Energy Efficiency Directive;

(b) “aggregated statistical information”, “customer segmentation” and “load profiles” have the same meaning as in the Energy Efficiency Directive;

(c) “the Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council of 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC(1).

Enforcement

34.  A requirement placed on a supplier under this Order is a relevant requirement for the purpose of—

(a) Part I of the Electricity Act 1989; and

(b) Part I of the Gas Act 1986.

(1)

OJ No L 3015, 14.11.2012, p1; the Directive has been amended but the amendments are not relevant to these Regulations.