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09 NOV 2011

R (Infinis Plc & Infinis (Re-Gen) Ltd) v Gas & Electricity Markets Authority & Anor [2011] EWHC 1873 (Admin) (2011) PLLR 038

Commercial – energy – renewables – accreditation

The Gas and Electricity Markets Authority had been wrong to refuse accreditations for two power stations as they did not fall within the exclusions under the statutory scheme.
10 August 2011
Administrative Court
Lindblom J

(1) The claimants (C) respectively owned and operated two power stations. They applied for judicial review of the Gas & Electricity Markets Authority’s decision to refuse to accredit the two power stations, which had given rise to charges to be paid by C. Electricity suppliers were required to enter into arrangements to generate electricity from non-fossil fuel sources. These arrangements allowed suppliers to obtain a Renewables Obligation Certificate (ROC) or have to pay a charge. The Authority had held that C’s power stations could not be accredited because, in its view, there was an existing Non-Fossil Fuel Order (NFFO) arrangement. Under the terms of the Renewable Obligations Order 2006 and Renewable Obligations Order 2009, this excluded the power stations from accreditation and an ROC could not be issued. C argued that the Authority had erred because the Replacement Power Purchase Agreement (RPPA) (which amounted to an NFFO) was no longer in force and of effect at the relevant time.

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