Select Committee · Public Accounts Committee

Regulation of energy suppliers

Status: Closed Opened: 9 Jun 2022 Closed: 24 Feb 2023 9 recommendations 16 conclusions 1 report

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 …

Clear

Reports

1 report
Title HC No. Published Items Response
Twenty-Fifth Report - Regulation of energy suppliers HC 41 13 Nov 2022 25 Responded

Recommendations & Conclusions

11 items
4 Recommendation Twenty-Fifth Report - Regulation of ene… Acknowledged

The price cap is providing only very limited protection to households from increases in the...

The price cap is providing only very limited protection to households from increases in the wholesale price of energy. The price cap limits the rates suppliers can charge customers for the standing charge and for each unit of electricity and gas used. The level at which Ofgem sets the price …

Government response. The government agrees and states that the price cap reflects the real cost of supplying energy. It notes that the Energy Price Guarantee (EPG) supersedes the cap as the main consumer price protection until March 2024, and it is developing …
HM Treasury
1 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

On the basis of a report by the Comptroller and Auditor General, in July 2022...

On the basis of a report by the Comptroller and Auditor General, in July 2022 we took evidence from the Department for Business, Energy & Industrial Strategy (the Department) and the Office of Gas and Electricity Markets (Ofgem) on the regulation of energy suppliers.1 This report is based on evidence …

Government response. The government agrees with the Committee’s recommendation and details ongoing work to improve market stability and limit the risk of high mutualised costs falling to customers, including changes to licence conditions and enhanced assessment process for supply licence applications.
HM Treasury
9 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

Ofgem told us that issues began to emerge with the financial resilience of new entrants...

Ofgem told us that issues began to emerge with the financial resilience of new entrants in 2018 and in response it decided first to stop firms who did not have a resilient business model from entering the market, and then determine the ongoing requirements that suppliers already in the market …

Government response. The government acknowledges the need for resources at Ofgem, noting an additional three staff for retail compliance. However, they indicate resource allocation is complex, with some funding earmarked for specific activities.
HM Treasury
11 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

Ofgem’s proposals have drawn a range of reactions from stakeholders across the sector.17 We received...

Ofgem’s proposals have drawn a range of reactions from stakeholders across the sector.17 We received written evidence from suppliers who told us that they welcomed aspects of Ofgem’s proposals to improve financial resilience, such as raising capital adequacy requirements and ring-fencing customer credit balances.18 Some suppliers told us that there …

Government response. Ofgem has already introduced a number of changes to improve market stability and limit the risk of high mutualised costs falling to customers, including changes to licence conditions, an enhanced assessment process for supply licence applications, the Financial Resilience Action …
HM Treasury
13 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

Ofgem’s headcount was approximately 1,400 in July 2022.

Ofgem’s headcount was approximately 1,400 in July 2022. This is higher than the 1,246 total staff Ofgem employed on average through 2021–22, and an increase of around 72% from the 816 total staff it employed during 2017–18.25 It had submitted a bid to HM Treasury asking for more resources to …

Government response. The government acknowledges the need for resources at Ofgem, noting an additional three staff for retail compliance. However, they indicate resource allocation is complex, with some funding earmarked for specific activities.
HM Treasury
14 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

We asked Ofgem whether it was able to deliver its plans for regulating energy suppliers...

We asked Ofgem whether it was able to deliver its plans for regulating energy suppliers using its existing legislation. Ofgem told us that it was testing its existing powers to assess whether it needed additional powers. For example, it explained that it may need more supervisory powers to allow it …

Government response. The government acknowledges the need for resources at Ofgem, noting an additional three staff for retail compliance. However, they indicate resource allocation is complex, with some funding earmarked for specific activities.
HM Treasury
15 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

Energy customers are either on non-default tariffs, where they have made an active choice about...

Energy customers are either on non-default tariffs, where they have made an active choice about their energy tariff, usually fixing it at a certain rate, or on default tariffs, where they are more likely not to have done so. Since 2019, the government has capped the price per unit of …

Government response. The government will develop a new approach to consumer protection in energy markets, which will apply from April 2024 onwards, including options such as social tariffs, as part of wider retail market reforms.
HM Treasury
16 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

Ofgem sets the price cap every six months by calculating how much it costs an...

Ofgem sets the price cap every six months by calculating how much it costs an efficient supplier to provide gas and/or electricity to a customer.34 Ofgem told us that, when setting the cap, it had to reflect the cost at which suppliers buy the energy in the wholesale market. It …

Government response. The government acknowledges the committee's recommendation regarding the price cap and states that they will develop a new approach to consumer protection in energy markets from April 2024 onwards, including considering options such as social tariffs.
HM Treasury
19 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

The NAO found that the vast majority of costs resulting from supplier failures was to...

The NAO found that the vast majority of costs resulting from supplier failures was to make up the difference between what suppliers of last resort (SOLRs) could charge consumers under the cap and the cost of purchasing energy on the wholesale market.45 To address this lack of adaptability, in May …

Government response. The government acknowledges the committee's recommendation regarding the price cap and states that they will develop a new approach to consumer protection in energy markets from April 2024 onwards, including considering options such as social tariffs.
HM Treasury
20 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

We were concerned that some energy customers have been disproportionately affected by the energy crisis.

We were concerned that some energy customers have been disproportionately affected by the energy crisis. For example, we noted that some vulnerable customers rely on prepayment meters but it costs more to administer the cost of energy paid by prepayment than by direct debit, which is reflected in the prices …

Government response. The government acknowledges that some energy customers have been disproportionately affected by the energy crisis and states it is using all available levers to ensure vulnerable customers benefit, highlighting the EBSS and alternative funding.
HM Treasury
22 Conclusion Twenty-Fifth Report - Regulation of ene… Acknowledged

We also asked the Department how it would ensure that customers still benefited if they...

We also asked the Department how it would ensure that customers still benefited if they were not the direct billpayers, for example those who live in park homes or in rented accommodation where the rent included bills. The Department recognised that this was an issue that it needed to address, …

Government response. The government acknowledges the issue of ensuring all customers benefit from energy support, particularly those not direct billpayers, and states it is using all available levers to ensure vulnerable customers benefit, highlighting the EBSS and alternative funding.
HM Treasury

Oral evidence sessions

1 session
Date Witnesses
11 Jul 2022 Joanna Whittington · Department for Business, Energy and Industrial Strategy, Jonathan Brearley · Ofgem, Jonathan Brearley · Department for Energy Security and Net Zero, Neil Lawrence · Ofgem, Sarah Munby · Department for Business, Energy and Industrial Strategy View ↗