Select Committee on Environmental Audit Minutes of Evidence


Examination of Witness (Questions 240-259)

28 JUNE 2004

MR DAVID GREEN OBE

  Q240 Joan Walley: So there is a change there. Last week we had evidence about the Scottish approach towards sustainable energy policy and particularly in respect of targets that were being set for renewables. I just wonder, in terms of the UK as a whole, what particular challenges you think there are as far as the devolved administrations are concerned?

  Mr Green: The targets which have been set for Scotland, and to a certain extent for Wales, are very ambitious. I think, in terms of Scotland, in a sense it goes to the heart of joined-up government, given we are on the cusp of market reform in Scotland in the energy market with the roll-out of NETA into Scotland to form BETTA, and the financing that will be needed to reinforce the grid network in Scotland to get power from Scotland down to the south of England. I think the challenge for delivery in Scotland will be not just the setting of targets but whether or not the energy market itself is going to be conditioned in a way which will enable a substantial investment in renewables to happen, and with it the investment in capacity that will be needed to get the power flows from Scotland to the rest of the UK, and particularly to the South East of England where the big growth in energy demand is. The Chairman of the Business Council, unfortunately he could not join us this afternoon, is John Roberts, the Chief Executive of United Utilities, and he will tell you he thinks it is going to take a long time—and some of you have constituencies in the North West—to get planning permission for grid reinforcement through the Lake District, for example. The implications of more power flows from Scotland to London are that we see we will need grid reinforcement in the North East and the North West of the country.

  Q241 Chairman: What does "grid reinforcement" mean actually, physically: pylons?

  Mr Green: Not necessarily. It is not just pylons, it is also the local distribution system, which is not pylons but telegraph poles with wires on. A lot of it is configured for power flows from old, traditional, coal-fired power stations in Yorkshire to go north or to go south. If you are going to have many more power flows coming from Scotland, down through Scotland and into England, for example, then the high level grid capacity by the NGT is not strong enough to take those power flows south. It has taken 10 years to get fully permitted and constructed the grid reinforcement in North Yorkshire to bring the power down from the North East of England. These things can happen but, as you all will know from your own constituency experience in a whole range of things, often things do not happen as quickly as one might imagine just because of the process. Quite a democratic process has to be gone through for planning approvals, be it for pylons, which probably most people do not want, be it for road developments, or anything else. It takes just a lot longer than people think.

  Q242 Joan Walley: I am just going back to the PIU reports and the criticisms that there were in there of Government policy in respect of it being incoherent in some cases. Would you say that the particular planning issue you have just outlined, insofar as it relates to ODPM, would be relevant to trying to get a greater cohesive strategy?

  Mr Green: It is highly relevant and one of the points the Business Council has made in its submissions to ODPM and again emphasised the point of trying to get unity under a sustainable development banner. One of the points we have made is that the Government is about to introduce PPS22, which is the new Planning Guidance for Renewables. To give a sort of crude interpretation, broadly, they are freeing it up to make it easier to erect and construct wind turbines and other forms of renewables in rural areas in particular. The guidelines do not deal at all with the grid connections which will be needed to the low voltage grid to get the power from those locations. Nor do they deal with the high level connections that will be needed for large offshore wind farms, which in electrical terms are like having a large power station and would need connection to the National Grid system, how the lines are going to be treated in planning terms once the undersea cable gets on land and then has to get into the main system, and some are in quite remote locations. The new PPS1, which is the high level, overarching guidance for the planning regime in the UK, at the moment does not make any reference at all to PPS22 on Renewables, which in turn does not make any reference at all to planning issues to do with grid reinforcement, because traditionally grid matters are dealt with by the Secretary of State for Trade and Industry, not by ODPM.

  Q243 Mr Savidge: I have heard the concern expressed about the amount of investment which will be required to improve the grid in order to transfer more energy from Scotland. First of all, I had not realised that there was a major visual impact situation. Basically, to improve the grid, are we talking about much heavier infrastructure over existing pylons, or are we talking about having to put in new connections, which therefore will create problems, possibly through Areas of Outstanding Natural Beauty, etc?

  Mr Green: There is not a kind of one size fits all, it will depend where they are. Some offshore wind farms, for example, may well come ashore very close to where there is a National Grid Transco power line so it is quite easy. Others may well come ashore where that facility does not exist and you will need to build the infrastructure potentially in some coastal areas, through areas which people would regard as having very high amenity value, quite justifiably. There are technological developments with overhead power lines which mean you can get more power physically through existing lines or you can use the existing routes and get more power through them, so it does not mean new lines necessarily. Also you have the opportunity, if customers are prepared to bear the cost, of undergrounding the line, and quite a lot of the North Yorkshire line has had to be undergrounded for amenity reasons. Clearly that puts up the cost, and that goes back to what your colleagues were asking about earlier, about this balance between the public acceptability of cost and the delivery of the targets, because you can do it but it will have a cost implication.

  Q244 Mr Savidge: I suppose that leads me on to another question. If Government really has a commitment to renewables, does that mean it ought to be prepared perhaps to consider subsidy for a grid system in order to encourage renewables, rather than relying simply on market forces?

  Mr Green: I am not an expert on all aspects of the Energy Bill but there is one particular part of it where, and I am sure Members who are involved in the Bill will correct me if I am wrong, as I understand it, there has been a worry, certainly from the former Energy Minister when he was responsible for it, Brian Wilson, that the roll-out of NETA to Scotland could have the effect, because of the impact of locational pricing, of putting up the price for generation in the north of Scotland. As I understand it, there is an arrangement legislated for in the Energy Bill, when the Bill is passed, which will place a cap on what those charges otherwise might be and, in effect, by doing that, being smeared across the generality of consumers. In some sense that could be described as a subsidy, but it is not a subsidy in terms of the Treasury writing out a cheque to NGT, it is a subsidy in terms of costs being smeared out amongst the generality of consumers. As I understand it, there is a clause in the Energy Bill which gives ministers power to introduce that sort of arrangement.

  Q245 Mr Savidge: I am sorry, actually I was supposed to be asking you questions on departmental structures and responsibilities, so I will get on to that point now. As far as those are concerned, do you feel that the present departmental structures and responsibilities really are well geared to delivering a sustainable energy policy?

  Mr Green: I think the experience of most members of the Business Council is that it is working better than it has in the past. There is an awful lot more which could be done to get much more joined-upness between government departments. If you get into the chronology of ministerial speeches to see if the interdepartmental messages are getting communicated into ministerial speeches or presentations from senior officials, I think there is some way to go until you get clear messages being delivered, by whichever minister happens to be on the Today programme talking about wind farm developments in the Yorkshire Dales, or whatever. What the Business Council is about and one of the reasons why the Business Council was formed is, we are not just about achieving particular technology targets, we are about reducing the UK's carbon emissions footprint. To achieve that, there is a range of things you can do. For communities which have got strong concerns about wind turbines being located near them, it could be making sure those communities are very progressively insulated, for example, to make sure they themselves are reducing their environmental footprint. It could be other things which could be done to make sure communities are reducing their environmental footprint. It could be locating or expanding renewables supported by the Renewables Obligation, so that, for example, you are supporting biomass plants in rural areas, which would help the rural economy as well. The message of the Business Council is about trying to get across to the policy community that it is not all about wind turbines, it is not all about CHP, it is not all about insulating our homes, it is how we get a mix of measures to deal with the overriding sustainable development message of reducing the UK's carbon footprint. It is frustrating sometimes that, with government departments, both within the departments and between departments, they still tend to have what often are referred to as "policy silos".

  Q246 Mr Savidge: The DEFRA strategy consultation did not look really at questions of machinery of government. Do you think that was a weakness?

  Mr Green: Yes, is the short answer, Chairman, but often it is quite difficult for government departments to look at their own machinery. As we saw with the creation of DEFRA, in the hours and days after a general election, when departmental structures tend to be moved around by the Prime Minister, that tends to be the time you get institutional change. You tend not to get institutional change emerging in-between; you do sometimes but not very often. Of course, with energy policy, there was the creation of the Sustainable Energy Policy Network, which involves, as I understand it, about 100 officials across Whitehall in co-ordination activities, including devolved administrations, central government departments, etc. That is still early days to know whether or not we are getting complete joined-upness. I continue to come across examples which are less joined up than one might hope.

  Q247 Mr Savidge: Following on from what you said there, do you think that DEFRA is really the right place for sustainable development to be located, or should we be looking at, for example, moving it to the Cabinet Office to be alongside other cross-cutting units, or, as I think the PIU energy report suggested, even moving towards becoming a distinct department?

  Mr Green: Sustainable development is driven by the environment, so in the current departmental structure there is a lot of sense in having things linked to the environment department. There is a broader question. Over the years I have done quite a lot of work with colleagues in Australia, where they have a broadly similar legal structure to the one we have, and quite a few states and territories there, and I am thinking specifically about Victoria, do have a department of sustainability. In fact, the Deputy Premier of Victoria, who was over here last year, heads a Department of Sustainability and that brings together energy policy, environmental policy and, in Victoria, because of the drought conditions, water resources as well. Because it is headed by the Deputy Premier, it gives it a real push and he is a very vigorous minister who gives it a real push as well. I could see there being a strong case for having some form of department focused specifically on sustainability which could be quite useful as a champion in a Whitehall sense. I would have to say, those are very much my personal views. Apart from arcane anoraks like myself who like to debate obtuse parts of the constitution, it tends not to be an area which is widely debated. I think it could only be healthy if these sorts of things were debated more widely, because, at the end of the day, they do affect how we all act in the market.

  Q248 Mr Savidge: Are you concerned at all about the fact that there seems to be a plethora of different organisations in the energy field, and do you think there would be any advantage in a degree of restructuring and nationalisation in trying to focus better on the key priorities within the area of sustainable development?

  Mr Green: My experience, Chairman, obviously is in the energy field and we do have a large number of agencies. Particularly three spring to mind immediately: the Carbon Trust, the Energy Saving Trust and Renewables UK, which is a brand name for a bit of the DTI. Having been asked by a current minister, "Why do we have all these bodies?" and I said "It's not a matter for me, it's a matter for the Government," clearly there is a degree of confusion about them all. I have always liked the model that a number of states have, both in the US and Australia, where you have one lead agency. I am sorry to hark back to it, Chairman, but the New South Wales Government formed the Sustainable Energy Development Authority a number of years ago. That has been integrated now into a Department of Sustainable Development, which is part of the Premier's Department in New South Wales, and in Victoria there is a Sustainable Energy Authority of Victoria, which brought together a number of different bodies in one body which reports to the Deputy Premier. There was a realisation that there was a Solar Energy Council, there was something else to do with energy advisers and there was something else dealing with rural matters. They were all brought together in one body. If you read the original press release which launched the Carbon Trust, I think it said in that, and I paraphrase, the idea would be to share a common secretariat with a view to exploring long-term synergies. I think many of us took that to read that at some stage there might be a coming together of them. Whether or not that will happen this side of a general election really I have no idea.

  Q249 Mr Savidge: It is certainly interesting that a government minister should have asked you the question when one considers that the White Paper itself decided to set up the Sustainable Energy Policy Network, a ministerial committee and an advisory committee, instead of just one body.

  Mr Green: Often it is easier to ask one person, yes.

  Q250 Mr Challen: A couple of us here sat on the Energy Bill and so share responsibility for inserting an amendment which gives the regulator a primary duty to promote renewable energy. Looking at your memorandum, I was quite encouraged to see that, broadly, the Business Council seems to support the idea that OFGEM should have a duty at least to promote sustainable development. I wonder if you could expand on that commitment, because I am just wondering if all the companies really share that consensus, and some of them are mentioned here, they are quite large companies?

  Mr Green: There is a long history to where we have got to on sustainable development with the Gas and Electricity Markets Authority, OFGEM, as it is known. It goes back to when Clare Spottiswoode was there and a great frustration by the House here about the approach she took to energy efficiency, and a compromise position which was agreed whereby guidance would be given to the regulator to reinforce their interpretation of their duties on environmental and social matters. I think many of us feel, and it is a view shared by many of the companies when they are focused on it, that it would be a lot more sensible to do what has happened in the water industry and have sustainable development clearly within the terms of reference of OFGEM. Given that a lot of energy policy is environmentally driven now, and carbon, that should be reflected in the statutory terms of reference for the Gas and Electricity Markets Authority. Something which reinforced that and a sustainable development duty would be very useful, just as, in the way in which the Government brought it into the terms of reference for OFWAT, it was brought in under the Water Act this year that they have sustainable development in it. What is more interesting I find is, going back to your colleague's question about government departments, broadly speaking, when any economic regulator is set up by what broadly you could call the environment department of Government, characterised by DEFRA for the moment, they always have sustainable development written into their terms of reference, not at the outset, it is brought in afterwards. Whereas, broadly speaking, the economic regulators which come up the DTI route tend not to, and I think that says something about the weighting that each department puts on those matters.

  Q251 Mr Challen: You said in your memorandum that DTI appear to think that the concept is woolly. They already have a duty on a regulator to pay attention to social and environmental guidance. You have referred to sustainable development. Some of us on that committee thought that renewable energy should be the phrase to go in. How far would you want to push this, in terms of narrowing down and tightly focusing the duty of the regulator, because if the Government thinks that environment is sufficient we might say that sustainable development goes a stage further and some of us believe we should go further than that and say renewable energy?

  Mr Green: I think there would be difficulty giving the energy regulator responsibility for promoting a specific suite of technologies. You could say equally well they should have an objective to promote CCGTs, or they should have an objective to promote something else. The area that we were very keen on focusing on was how you could get sustainable development built into the terms of reference for OFGEM, and sustainable development being a key part of government policy in other regulators' duties already. That will be a key way ahead. I think many of us feel that putting renewables specifically as a primary duty might be a step too far, in terms of market segmentation, but having a broad responsibility in sustainable development would probably be a good next step.

  Q252 Mr Challen: I have read some material from the Renewable Power Association, where clearly they are fearful of continual changes to regulators' duties, but also they are fearful of a lot of other things, changes in the Renewables Obligation, the renewables review that is going to take place next year. How should these sorts of duties, accepting the possibility that sustainable development could become a duty, sit with the other duties on the regulator? Should it be a primary duty or should it be on an equal footing with duties to deliver competition and lower prices, for example?

  Mr Green: I hope that sustainable development would not be just something which has to be taken into account but that it would be one of OFGEM's primary duties, so that quite clearly one focus is actually on delivering sustainable development. It has been argued that if you interpret the Utilities Act, because the Utilities Act says that OFGEM's duty is to promote the interests of consumers both today and tomorrow, it is not actually that phrase but that is the import of it, actually that captures the meaning of sustainable development, it is looking after tomorrow's generations. I think a number of us feel that it would be just a lot clearer in terms of the duties that the regulator has to accommodate if sustainable development was in there from the outset. If you look at it through the regulator's eyes, and I have talked to one or two members of the Authority, the Board, about what their interpretation was, there is a view from them that it could be helpful because it would give them more legal flexibility. If you are a regulator the thing you live in fear of is legal challenge, because it affects a whole series of things if you are challenged legally. It could well be that if you had sustainable development built in it would give them, in some areas, because there are always grey areas in policy, greater flexibility to do things which could be helpful. There has been, more or less, a complete change now in OFGEM's Board from that which there was a year or so ago, so I hope there might be slightly less resistance from OFGEM than perhaps there has been in the past.

  Q253 Mr Challen: In recent times, are there any specific areas where such a duty would have been helpful?

  Mr Green: It is raking over the coals of history and it is looking back to my previous role in the promotion of CHP. One cannot help but hope that had sustainable development been in the terms of reference of what was OFFER, and became OFGEM, then when they formulated the terms of reference for the New Electricity Trading Arrangements the environment actually would have been in there as one of the central issues. Having raised at the first ever meeting the fact that the Government's environmental targets were not in the terms of reference for the market reforms, and that having been rather pooh-poohed by senior officials within the DTI at the time, one cannot help but hope, if it had been in the statutory terms of reference at that time, back in 1998, we might be in a different place when it comes to both the position that CHP finds itself in and the cost of the Renewables Obligation to consumers. It is often forgotten that the buy-out price in the Renewables Obligation, which is the bottom line we all pay on our bills, had to be increased to cope with the volatility created in the market-place by NETA. Actually, at the end of the day, there is a cost to all of this.

  Q254 Mr Challen: We have heard about OFWAT and OFGEM. Do you think that a duty to take notice of sustainable development should be applied more generally to all regulators and other organisations, as part of this overall package?

  Mr Green: It is in the terms of reference already of the Environment Agency. It is in the terms of reference of the Strategic Development Authority, and that dates from when it was part of the Department of Transport and the Regions, which again was broadly the environment department. As I recall, it is not in the terms of reference of OFTEL. You could argue that it should be in the terms of reference of OFTEL, if you think about the impact telecommunications could have positively on the environment, in terms of distributive working patterns, etc. Again, that is not a regulator which has tended to be sponsored by the environment interest in Government, but one could argue that if you are serious about sustainable development it should cover a whole range of quasi-government departments, or non-ministerial government departments is the correct term.

  Q255 Mr Challen: Looking at BETTA and NETA and all that, we have heard already how you have got concerns about the locational aspects of the roll-out of NETA to BETTA in Scotland, and so on. Are there any other concerns which you have about BETTA?

  Mr Green: I would not want to give you the impression that the Business Council specifically had concerns about BETTA, because the Bill does appear to cater for the concerns. I do know that at least one of the Scottish companies has continuing concerns about BETTA and I do not know to what extent they have been accommodated by the Bill. Broadly speaking, most members of the Business Council are very much in favour of the roll-out of NETA into Scotland because they see it as a way of creating a UK-wide electricity market. There were particular concerns about the impact on pricing in the north of Scotland. As I understand it, the Bill has got a clause in it designed to accommodate that. If that is the case then the concerns which have been raised by the renewables community should be catered for. The impression I get is that there are fewer concerns about BETTA since that occurred than there were previously, but of course, as ever, the devil will be in the detail to see precisely, assuming that the Bill passes, how the clause is then rolled out and interpreted.

  Q256 Mr Challen: NETA had quite a significant impact on CHP, a bad one, as we know?

  Mr Green: It certainly did.

  Q257 Mr Challen: I am just wondering whether BETTA is going to be any better—excuse the pun—for things like microgeneration, because that seems to be really quite a positive prospect for people to be able to generate electricity locally, either in individual domestic situations or in a community, and there is a lot of concern there to develop that way ahead. I wonder whether you have any views on BETTA's ability to resolve difficulties over net metering, and things of that sort, which people have raised?

  Mr Green: The impression I have got of BETTA is that it is at such a high level, in terms of the connections, the distribution network, that those who work in it do not get down to the details of whether or not it is going to affect particular things like net metering, etc. There has been a completely separate programme of work that the DTI and OFGEM have done. To a certain extent I have been involved in it on the steering group for it, the Distributed Generation Working Group, which has been an attempt to try to look at not only BETTA and NETA but across the whole regulation of the distribution system to see whether or not you can introduce things like net metering and other changes which would make life more acceptable for microgeneration, be it micro-CHP, solar photovoltaics, household wind, or whatever.

  Q258 Mr Challen: Given the Business Council's membership, and I can spot the list here which mentions some of the companies, they are all large companies, do they support microgeneration, do they support measures which perhaps would even diminish their own market?

  Mr Green: One of our members is PowerGen UK and they are deploying a number of microgeneration units in the UK through their supply business. The company which developed the technology is owned by a company called Whispertec. RWE Npower, through their retail brand, Npower, is actually in an alliance essentially to promote solar photovoltaics in customers' buildings. I would not say it was the same for all of them, it is a competitive market, at the end of the day. Some of the companies are seeking to get competitive advantage by deploying new technology in their customers' homes. I could not speak for all of them, because it is a competitive market, and say they are all suddenly going to start deploying it. All I can point to is what PowerGen and Npower are doing, and I know that Scottish and Southern Energy in the past have looked at distributed technologies because potentially it has got some quite big benefits for them in the far north of Scotland.

  Q259 Mr Challen: OFGEM is involved very heavily in the price review which will end next year, I believe. Are you satisfied that they are taking sufficient account of environmental objectives?

  Mr Green: It is difficult to read at the moment. I think there was an announcement due either today or tomorrow, and I have not seen it, which is going to indicate their initial thinking on the Distribution Price Review. Talking to colleagues who are quite close to this, there is a worry that whilst OFGEM have done a lot of work on distributed generation, and that is at a technical level, it remains to be seen whether or not that technical discussion which has been going on is rolled forward into the work which the economic regulation bit of OFGEM is doing. Just as one seeks joined-up decision-making in government departments, one hopes that there will be joined-up decision-making in OFGEM and we will get a beneficial outcome. I do not know at this stage because I have not seen what the latest announcements are.


 
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