2 Protecting the interests of consumers
7. The Department considered that the early contracts
provided inherently better value for consumers than the Renewables
Obligation because the Department had set lower strike prices
to reflect the lower cost of financing projects with a Contract
for Difference.[20] The
Department noted that it wanted as many projects to be supported
through a Contract for Difference rather than the Renewables Obligation
as quickly as possible. The Department had estimated that awarding
early contracts to the eight projects would save consumers £2
billion compared to the cost of supporting these projects through
the Renewables Obligation.[21]
However, only two of the eight projects have target commissioning
dates before 2017, so the other six projects might well not have
been commissioned in time to have been eligible for the Renewables
Obligation, unless it had been extended.[22]
8. The Department recognised that competition was
likely to drive better prices for consumers, but it did not believe
that it could have gone straight to competition for the early
contracts.[23]
In particular it did not believe the market
for offshore wind was mature enough.[24]
Accordingly, it had established a transitional system where the
strike prices were administratively set. The Department did not
negotiate strike prices with individual projects or attempt to
investigate individual projects' costs and returns before it awarded
the contracts.[25] The
Department told us that the administrative prices had been underpinned
by an extensive process in 2011 and 2012 to establish, with external
expert input, the long-run costs of renewable technologies.[26]
The Department stated that the UK administrative strike prices
for offshore wind were lower than prices elsewhere in the world.[27]
It accepted that its administrative price setting process meant
that some projects might get a greater return than they potentially
needed from those prices, but noted that when it released the
administrative strike prices in 2013 some project developers had
walked away on the grounds that they had not been sufficient to
support their offshore wind projects. [28]
9. The Department noted that the UK needed to have
a diverse set of generating assets and technologies to decarbonise
the electricity sector and said that it was aiming to meet the
target at minimum cost to consumers.[29]
The Department has set caps on the combined cost of consumer funded
schemes which support the development of renewable and other low
carbon electricity generation, such as the Renewables Obligation,
the Financial Investment Decision enabling for Renewables scheme
and Contracts for Difference. The Department caps these schemes
through a mechanism known as the 'Levy Control Framework' so that
consumers are protected from the cost of supporting renewable
electricity rising beyond pre-determined limits.[30]
However setting caps does not in itself ensure consumers get the
optimum value for money.
10. The Department told us that it had designed the
selection process for the early contracts to support a mix of
technologies. Five of the early contracts awards were for offshore
wind, which at a strike price of £150 per megawatt-hour was
significantly more expensive than both onshore wind and nuclear
at £95 and £89.50 per megawatt-hour respectively.[31]
The Department agreed that biomass conversions were cheaper to
support than offshore wind projects and were a good reliable source
of renewable electricity. The Department noted that it regarded
biomass as a transitional source of renewable electricity, because
biomass only reduces carbon emissions by 68% compared to coal,
thus providing a lower level of carbon savings than offshore wind
to meet long-term decarbonisation targets. The Department hoped
that carbon capture and storage on gas or coal plants would be
part of the mix, but at present this was considered to be the
most expensive. [32]
11. The Department told us that the lengthy process
of negotiating the terms of the early contracts, involving a great
many advisers and conversations with multiple project developers,
had in a sense been market testing of the contract.[33]
The early contracts protect consumers by only providing the strike
price for electricity produced and paying no compensation to project
developers who cannot deliver their projects, for example, because
they fail to obtain planning consent.[34]
The contracts do not penalise project developers for not delivering
the planned capacity, but do require them to come back with revised
capacity figures within a year of receiving a contract so the
allocated funding can be released for other projects.[35]
12. The early contracts' strike prices are indexed
to the Consumer Price Index (CPI) rather than the Retail Price
Index used in the Renewables Obligation scheme.[36]
The Department told us that project developers would have demanded
higher administrative strike prices had they not been linked to
inflation.[37] The Department
considered that renewable generation projects were fragile and
that passing inflation cost pressures through to consumers rather
than project developers had improved the chances of projects going
ahead.[38]
13. The Department received representations that
claw-back provisions should be included in the contracts to allow
consumers to share in any excessive profits. However, the Department
decided not to do this as project developers had repeatedly maintained
that including claw-back clauses would have been a "red light"
for them, something confirmed by independent financial advisers
consulted by the Department.[39]
14. We asked the Department what consideration they
had given to a claw-back clause for any re-financing gains. The
Department considered that such a clause would have made the contracts
'uninvestable'. The Treasury agreed with the Department's judgement
on this but noted that there was a difference in the risks involved
between the first contracts let and those let further into a programme.[40]
The Department promised to give further thought to how it should
address the potential for project developers to make large refinancing
gains through Contracts for Difference.[41]
15. The government owned Counterparty Body will need
to actively manage contracts, to ensure claims for increases in
strike prices are reasonable, to identify and apply reductions
in strike prices, and to calculate who needs to be paid what and
organise those payments. The Counterparty Body will also need
to ensure that generators record and report their output accurately
to protect consumers from paying for more output than is actually
provided. For claw-back arrangements to operate effectively, contracts
would need to include requirements on project developers to supply
information to government on their actual costs and returns. This
information would then need to be scrutinised by staff with appropriate
expertise. The Department told us that it had recruited a Chair
and was in the process of appointing a Chief Executive for the
Counterparty Body which will have an independent board, and whose
costs will be met by consumers through the Levy Control Framework.[42]
20 Qq 34, 133 Back
21
Qq 12-18 Back
22
C&AG's Report, figure 1 Back
23
Q 49 Back
24
Qq 49, 51, 56, 71 Back
25
C&AG's Report, paras 14, 3.28 Back
26
Q 24 Back
27
Q 45 Back
28
Qq 155, 58 Back
29
Qq 70-72 Back
30
Q 171 Back
31
Q 70 Back
32
Qq 80-81 Back
33
Q 143 Back
34
Qq 115, 137 Back
35
Q 138 Back
36
Q 29 Back
37
Q 21 Back
38
Q 33 Back
39
Qq 66-69 Back
40
Qq 87-90 Back
41
Q 84 Back
42
Q 180 Back
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