Regulation of energy suppliers
Closed
What the inquiry looked at
“Since the summer of 2021 around 30 gas and electricity suppliers have exited the market in the ongoing energy supply and price crisis, affecting around four million customers. Most customers have been transferred to alternative suppliers through the Supplier of Last Resort process managed by Ofgem, the regulator for the gas and electricity markets in Great Britain. However, Bulb Energy, which was too large to be absorbed by an existing provider, has been placed into special administration. The Committee will question senior executives at DBEIS and Ofgem on: the issues that have led to the exit of suppliers from the energy market; the costs and wider impacts for customers and taxpayers of suppliers exiting the market; how BEIS and Ofgem have handled the supplier failures ; and the lessons that government needs to learn for the future of the energy supplier market. If you have evidence on these questions please submit it here by 6pm on Monday 4 July 2022.”
The committee's words, from the inquiry page on parliament.uk ↗.
What it found
The Office of Gas and Electricity Market’s (Ofgem’s) failure to effectively regulate the energy supplier sector has come at a considerable cost to billpayers. Since July 2021, 29 energy suppliers have failed, affecting around 4 million households. Customers have been left to pay the £2.7 billion cost of supplier failures, which equates to £94 per household, at a time when energy prices are already at a record high. Costs are very likely to increase, including when Bulb Energy, which was the largest of the failed companies and is being funded by the government, is sold or exits special administration by other means. While the Department for Business, Energy & Industrial Strategy and Ofgem had procedures in place to ensure that customers did not experience any discontinuation of their supply as a result of the failures, many customers, including more vulnerable ones, experienced other forms of disruption. The ongoing volatility in the market means that this report, based on evidence collected up to July 2022, has in some cases been superseded by events, in particular the announcement of the Energy Price Guarantee for UK households in September 2022. The energy supplier market remains unstable as a result of the ongoing volatility in the wholesale energy market and our conclusions regarding Ofgem’s resourcing and regulatory approach very much still apply. It remains the case that Ofgem must urgently learn lessons to protect customers and prevent them from having to foot the bill in the event of any future failures.
It will be essential that the Department and Ofgem put the interests of customers at the heart of their approach to developing the energy supplier sector. In the short-term Ofgem is bringing in new rules to improve the financial resilience of the market but needs to manage complex trade-offs between improving the sector’s resilience and encouraging innovation and competition. In the longer-term the Department and Ofgem need to ensure that the energy market is structured and regulated in a way that will support the transition to net zero.
What the government said
The government responded on 24 February 2023. The deadline was 13 January 2023.
The government states that it "agrees with the Committee's recommendation" on each of the six recommendations set out in its response, with target implementation dates ranging from January 2023 to April 2024.
- On the SOLR and SAR processes, the government agrees with the recommendation, and says Ofgem and the department "will continue to review the impact of these measures" so that protection tools are "proportionate and effective".
- On competition and resilience, Ofgem "commits to write to the Committee within six months" (target date May 2023). It is consulting on new powers to direct ringfencing of credit balances, "if needed".
- On the price cap, the government agrees to the recommendation and says it "will develop a new approach to consumer protection in energy markets" applying from April 2024, working with consumer groups and industry, with options such as social tariffs to be considered.
- On Ofgem's capacity, the government agrees with the recommendation. Ofgem reports 60 full time equivalent compliance and enforcement staff as of 30 September 2022, and says it "will keep the Committee apprised" of its review of supplier business continuity plans.
Read the government's response ↗ Read the report ↗ Report an error
How the inquiry ran
Each dot is a dated item listed on this page, from the inquiry's opening on 9 June 2022 to its close on 24 February 2023. The dashed mark is the deadline Parliament records for the government's response.
- Oral evidence 11 Jul 2022
- Report 13 Nov 2022
- Government response 24 Feb 2023
What it recommended 9 recommendations · 16 conclusions
2Ofgem did not strike the right balance between promoting competition in the energy suppliers market...
3We are not convinced that Ofgem yet has the skills and capacity it needs to...
4The price cap is providing only very limited protection to households from increases in the...
5It is unacceptable that many vulnerable customers, on top of having to pay higher energy...
6We are concerned that the Department and Ofgem do not yet have a clear vision...
1On the basis of a report by the Comptroller and Auditor General, in July 2022...
7We asked Ofgem how it ensured the needs of customers were considered in the event...
8In the decade after it was opened to competition, the UK energy supplier market consisted...
9Ofgem told us that issues began to emerge with the financial resilience of new entrants...
10Following the supplier failures that occurred in 2021, Ofgem implemented further measures to strengthen the...
11Ofgem’s proposals have drawn a range of reactions from stakeholders across the sector.17 We received...
12Ofgem told us that in order to undertake the functions being asked of it and...
13Ofgem’s headcount was approximately 1,400 in July 2022.
14We asked Ofgem whether it was able to deliver its plans for regulating energy suppliers...
15Energy customers are either on non-default tariffs, where they have made an active choice about...
16Ofgem sets the price cap every six months by calculating how much it costs an...
17Ofgem told us that, in its view, the price cap had been a huge benefit...
18Ofgem told us that the price cap had not been sufficiently adaptable to the “once...
19The NAO found that the vast majority of costs resulting from supplier failures was to...
20We were concerned that some energy customers have been disproportionately affected by the energy crisis.
21We asked Ofgem what it was doing to support vulnerable customers.
22We also asked the Department how it would ensure that customers still benefited if they...
23The UK government aims to reduce greenhouse gas emissions to achieve net zero emissions by...
24The wholesale price of electricity is set by the cost of the type of power...
25In July 2021, the Department published its Energy Retail Market Strategy for the 2020s, which...
Evidence
Oral evidence sessions 1
- 11 Jul 2022Regulation of energy suppliers4 witnesses, listed belowparliament.uk ↗
Who gave evidence 4 witnesses
- Joanna WhittingtonDirector General for Energy and Security, Department for Business, Energy and Industrial Strategy
- Jonathan BrearleyPermanent Secretary, Department for Energy Security and Net Zero
- Neil LawrenceDirector of Retail, Ofgem
- Sarah MunbyPermanent Secretary, Department for Business, Energy and Industrial Strategy