Energy Ministers have introduced a new reserve deadline date of March 3 for the introduction of cuts to the Feed-in Tariff rate for solar PV should their Court of Appeal bid fail.
The Department of Energy and Climate Change has put before Parliament the revised date for a reduced 21p rate in an attempt to end market confusion.
Details of the Plan B were confirmed after weeks of uncertainty following a High Court ruling that the original December 12 cut-off point, retrospectively applied from April 1, was unlawful.
Should the Government fail to convince three appeal court judges that the original ruling was wrong, the new eligibility date of on or after 3 March will be introduced.
Energy and Climate Change Minister Greg Barker said: “I know this is a difficult time for the sector and I want to do as much as I can to end the current uncertainty created by the legal challenge.
“We must reduce the level of FITs for solar panels as quickly as possible, to protect consumer bills and to avoid bust in the whole Feed-in Tariff budget. We’re appealing against the court ruling that’s challenged our proposal for a December reference date. This remains our aim, and we are waiting for the judgment of the Court of Appeal.
“But this is too important for us to sit and do nothing while we wait. Today we’re putting in place a contingency that will bring a 21p rate into effect from April for installations from 3 March.
“However, we are still pressing ahead with our appeal and if successful, we retain the option of introducing a December reference date. In the circumstances we believe this gives the industry as much certainty as is possible. And it puts us in a better position to protect the budget for everyone involved.”
In a written ministerial statement, Secretary of State Chris Huhne, added: “We continue to stand by our original proposal. However, I know that the uncertainty while we await the Court’s decision is difficult for the industry. A retention of the 43p tariff could also create substantial risks to the FITs budget if our appeal is unsuccessful. For these reasons, we believe it is prudent to bring forward our decision on one aspect of the consultation: the proposals for new solar PV tariffs.
“We are therefore laying before Parliament today some draft licence modifications which, subject to the Parliamentary process set out in the Energy Act 2008, makes provision for a reduced tariff rate (from 1 April 2012 onwards) for new PV installations with an eligibility date on or after 3 March 2012.
“If the Court finds in favour of the Government’s appeal, we intend to stand by all our consultation proposals, including an earlier (December) reference date, subject to the Parliamentary procedure and consideration of consultation responses. It is very important that we reserve this as an option because these 43p payments will take a disproportionate share of the budget available for small-scale low-carbon technologies.
“We want instead to maximise the number of installations that are possible within the available budget rather than use available subsidy to pay a higher tariff to a smaller number of installations.”
Seb Berry, Head of Public Affairs, Solarcentury said: "The Government is taking an important step today to restore some certainty to the PV market in the short-term, but it is no more than that. The elephant in the room for all FIT technologies, not just PV, remains the Government's decision to impose an unrealistic cap on the FIT scheme in 2010. Until that fundamental issue is addressed by the "greenest Government ever" what we have today is no more than a temporary albeit welcome step forwards."
David Hunt of Eco Environments, added: “Generally we're very pleased that they have progressed to put Plan B into place and not waited until the court case is decided.
“Whilst the domestic market won't be entirely reassured, many will take comfort in this and may now proceed with installations.”
The written ministerial statement by Secretary of State Chris Huhne in full:
“On 31 October 2011, the Government published a consultation on Feed-in Tariffs (FITs) for solar photovoltaics (PV). This was in response to a substantial increase in deployment of PV, prompted by falling prices, with levels at nearly double the original projections for the first two years of the scheme. The consultation set out proposals for responding to these developments, which were putting unsustainable pressure on the budget available for FITs.
“The consultation sought views on whether to reduce the generation tariffs available for new solar PV installations to a more financially sustainable level. Among other things, it proposed applying the new generation tariffs from 1 April 2012 to all new solar PV installations with an eligibility date on or after an earlier “reference date”, which we proposed should be 12 December 2011. This reference date proposal has since been challenged by judicial review and the Government has sought an appeal of the decision of the High Court. We are now waiting for a judgment from the Court of Appeal and we cannot be sure of the date on which this will be issued.
“We continue to stand by our original proposal. However, I know that the uncertainty while we await the Court’s decision is difficult for the industry. A retention of the 43p tariff could also create substantial risks to the FITs budget if our appeal is unsuccessful. For these reasons, we believe it is prudent to bring forward our decision on one aspect of the consultation: the proposals for new solar PV tariffs.
“We are therefore laying before Parliament today some draft licence modifications which, subject to the Parliamentary process set out in the Energy Act 2008, makes provision for a reduced tariff rate (from 1 April 2012 onwards) for new PV installations with an eligibility date on or after 3 March 2012.
“If the Court finds in favour of the Government’s appeal, we intend to stand by all our consultation proposals, including an earlier (December) reference date, subject to the Parliamentary procedure and consideration of consultation responses. It is very important that we reserve this as an option because these 43p payments will take a disproportionate share of the budget available for small-scale low-carbon technologies. We want instead to maximise the number of installations that are possible within the available budget rather than use available subsidy to pay a higher tariff to a smaller number of installations.
“The consultation closed on 23 December 2011 and over 2,000 consultation responses were received which we have been analysing carefully. We are intending to announce the outcome of the consultation by 9 February 2012, in time for any resulting legislative changes to come into effect from 1 April 2012. Our aim is that this announcement will be accompanied by a set of reform proposals for the next phase of the comprehensive review of the FITs scheme, which will be the subject of a further consultation.
“The new generation tariffs set out in the draft licence modifications being laid today are set out in the table below and would apply for all installations with an eligibility date on or after 3 March 2012. Further information on the Government’s response to this aspect of the consultation, together with a summary of the relevant consultation responses, is also being published today on the Department of Energy and Climate Change’s website.”
Dave Fox, Cambridge around 4 months ago