My Lords, this draft instrument—the supplier payment regulations—forms part of the implementing secondary legislation for the Government’s capacity market scheme, which is part of the electricity market reform programme. The powers to make this implementing secondary legislation are found in the Energy Act 2013, which, following
scrutiny in this House and the other place, received Royal Assent in December last year, with cross-party support.
The capacity market will address our medium-term electricity needs and ensure that there is sufficient electricity supply towards the end of the decade and beyond. It is one of the two key schemes brought in by electricity market reform to incentivise much needed investment into our energy infrastructure. The other, the contract for difference scheme, is not the subject of today’s debate.
The capacity market will help keep the lights on by driving new investment in gas and demand-side capacity, as well as getting the best out of our existing generation fleet as we transition to a low-carbon electricity future. In brief, the capacity market will achieve this by making a regular capacity payment to providers who are successful in capacity auctions. In return for this payment, providers must meet their obligations to provide capacity or reduce demand when the system is tight, ensuring that enough capacity is in place to maintain security of electricity supply.
The supplier payment regulations will sit alongside the Electricity Capacity Regulations 2014, called the principal regulations, and the Capacity Market Rules 2014. The principal regulations and rules, which received parliamentary approval in July this year, brought the capacity market into force on 1 August and, as a result, the first capacity auction will be held later this month for delivery in 2018-19. Those successful in this and subsequent auctions will be awarded capacity agreements entitling them to capacity payments. This will be paid for by a charge on all electricity suppliers. It should also be noted that while the first capacity delivery year will be in 2018-19, the Government are committed to supporting the growth of the demand-side response sector. As part of this, two transitional auctions, just for this sector, will be held in 2015 and 2016 for delivery in 2016-17 and 2017-18. This tailored support will help grow the demand-side and storage industries and ensure effective competition between traditional power plants and new forms of capacity, thereby driving down future costs for consumers. As with payments made during the capacity delivery year, payments made under the transitional auctions will be funded by a charge on all electricity suppliers.
When we debated the principal regulations, I highlighted that the Government would be bringing forward a second set of regulations on the supplier payment arrangements for the capacity market to align the legislative framework for the capacity market and contracts for difference. The supplier payment regulations were not brought in at the same time as the principal regulations, as they are technical provisions which we wanted to get absolutely right. It was not necessary for them to be in force prior to the first capacity auction.
The supplier payment regulations, which suppliers, industry and consumer groups have been consulted on throughout their development, include an obligation on all electricity suppliers to pay a “capacity market supplier charge” from 1 April 2015. As I have mentioned, this charge will fund the capacity payments to those successful in capacity auctions. The first capacity payments
will be made in 2016 and 2017 to those successful in the transitional auctions, and to those with a capacity agreement for the first capacity delivery year in 2018-19. In addition, the regulations include a small additional levy—known as the settlement costs levy—to cover the operating costs of the government-owned Electricity Settlements Company, whose role it is to calculate, determine and administer the payments from suppliers to those who are successful in the capacity auctions.
The regulations determine how much each licensed supplier will be required to pay for the capacity market. The amount payable by a supplier will be calculated on a supplier’s share of the market, based on how much electricity they were supplying between 4 pm and 7 pm on working days between November and February in the relevant delivery year. This approach seeks to achieve a balance between the objective of incentivising reductions in electricity use, at times when demand is high, and that of remaining predictable and manageable for electricity suppliers who have to pass these costs on to their customers transparently. The regulations will facilitate the flow of payment from all electricity suppliers to those successful in capacity auctions. On receipt of capacity payments, capacity providers are then obliged to provide capacity or reduce demand when required. This therefore ensures security of electricity supplies.
While further amendments will be made in early 2015 to the principal regulations, mainly to enable the Government to meet their commitment to allow interconnected capacity to participate in the capacity market from 2015 onwards, these regulations complete the secondary legislation framework for the capacity market. I beg to move.