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Energy Bill [Lords] - Sitting 15

22 June 2023

Proposing MP
West Aberdeenshire and Kincardine
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the introduction of a new clause to help energy-intensive industries with high electricity costs. Andrew Bowie discusses government measures to support energy-intensive industries (EIIs) facing high electricity prices in Great Britain. The statement addresses the Energy Bill's new clauses regarding support for energy-intensive industries, specifically the proposed exemption from green levies and establishment of a new levy mechanism. The statement discusses the Energy Bill's new clause that introduces a levy on electricity suppliers to fund support payments for energy-intensive industries. The statement addresses the implementation of the Convention on Supplementary Compensation for Nuclear Damage and introduces a new clause providing the Secretary of State with powers to make necessary changes to domestic legislation. The statement discusses new clauses aimed at introducing provisions for a hydrogen transport business model to encourage investment in hydrogen transport infrastructure. The statement addresses concerns regarding the regulatory framework for hydrogen transportation infrastructure and nuclear development, specifically focusing on the Revenue Equalisation Reserve (RAB) scheme and its implications. Andrew Bowie is discussing new clauses in the Energy Bill related to hydrogen pipeline projects and the designation process. The statement addresses amendments to the Gas Act 1986 to facilitate hydrogen pipeline projects. The statement discusses new clauses related to modifying gas transporter licences by the Secretary of State. This statement discusses new clauses proposed for inclusion in the Energy Bill relating to modifications of gas transporter licences and the provision of information and advice. The statement discusses new clause 72 in the Energy Bill, which empowers the Secretary of State to modify the Gas Act 1986 for hydrogen production and use. The statement discusses a new clause that allows the Secretary of State to designate a company as 'Great British Nuclear' if it is limited by shares and wholly-owned by the Crown. The statement discusses the establishment of Great British Nuclear (GBN) as a key initiative for accelerating home-grown nuclear power in response to energy security concerns. The statement discusses the establishment of Great British Nuclear (GBN) and its role in facilitating the delivery of the government's nuclear programme. Andrew Bowie discusses the establishment of Great British Nuclear and its role in developing nuclear technology in the UK, including plans for small modular reactors (SMRs). The statement discusses new clauses being proposed for the Energy Bill that relate to Great British Nuclear's governance and reporting requirements. The statement introduces a new clause that allows the Secretary of State to make transfer schemes for property, rights, and liabilities between specified bodies. The statement discusses new clauses related to transfer schemes under the Energy Bill [Lords], including compensation for loss or damage, tax variations, provision of information or assistance, and reimbursement. The statement discusses a new clause in the Energy Bill that allows for pension arrangements to be made in relation to Great British Nuclear.

Action Requested

Andrew Bowie is moving for the clause to be read a Second time, which would empower the Secretary of State to create regulations to set up a scheme for supporting energy-intensive activities affected by electricity costs.

Key Facts

  • The new clause empowers the Secretary of State to make regulations requiring payments to persons carrying out energy-intensive activities.
  • A person can be appointed as a 'support payment administrator' with consent to carry out functions related to the scheme.
  • The regulations are subject to the affirmative procedure.
  • The UK has the steepest industrial electricity prices in Europe.
  • Steel and chemicals manufacturing are particularly impacted.
  • The British industry supercharger package aims to improve competitiveness of strategic EIIs.
  • New clause 53 allows compensation on network charging costs for EIIs.
  • New clause 54 establishes a levy on licensed electricity suppliers to fund the NCC scheme.
  • New clause 54 provides powers to establish the EII support levy.
  • A review will be conducted in 2026 to update eligible sectors based on stable post-covid and post-EU data.
  • Approximately 300 firms at risk of carbon leakage due to high industrial electricity prices are expected to benefit.
  • New Clause 53 introduces a levy-raising body for energy-intensive industries.
  • The new clause empowers the Secretary of State to impose a levy on electricity suppliers to fund support payments as outlined in section 1.
  • No powers exist for further levies on separate sectors beyond those specified.
  • The UK will be the first country to accede to both the Paris Convention on third party liability and the CSC.
  • Four different circumstances are anticipated where changes might be needed in domestic legislation: delivering CSC accession, accepting future amendments to the CSC, exercising an option under the CSC, and dealing with any other related matters.
  • The new clause is similar in scope to powers already present in section 76 of the Energy Act 2004.
  • The new clauses aim to achieve up to 10 GW of hydrogen production capacity by 2030.
  • A regulated asset base (RAB) mechanism is introduced to provide long-term certainty for investors.
  • Government new clause 59 defines key terms for the hydrogen transport business model.
  • Government amendment 169 limits the extent of the new clauses to England, Wales, and Scotland.
  • The RAB scheme aims to provide secure funding for large-scale projects like nuclear plants before they start generating revenue.
  • Government new clause 71 allows the Secretary of State to repeal provisions under this part through regulations, subject to an affirmative procedure in the House.
  • A relevant date is specified as December 31, 2040, and every five-year anniversary thereafter.
  • Andrew disputes Alan Whitehead's suggestion that subsections (2), (3), and (4) are not connected to subsection (1).
  • New Clause 60 gives the Secretary of State power, with a person’s consent, to designate someone in relation to a hydrogen pipeline project.
  • Subsection (2) sets out conditions for exercising this designation power.
  • New Clause 61 requires the publication of statements and procedures related to designations under NC60.
  • New Clause 64 provides powers for the Secretary of State to regulate applications for gas transporter licences for hydrogen pipeline projects.
  • Section 7(2) of the Gas Act 1986 grants the power to issue gas transporter licences to designated persons for hydrogen pipelines.
  • Regulations under this clause are subject to negative procedure and any sums received by the Secretary of State or GEMA will be paid into the Consolidated Fund.
  • The Secretary of State may modify conditions or terms of a designated person’s gas transporter licence.
  • Modifications must facilitate or support the financing of hydrogen pipeline projects or promote value for money in connection with such projects.
  • When making modifications, the Secretary of State must consider carbon targets and budgets under the Climate Change Act 2008.
  • The new clauses are part of a larger Energy Bill [Lords].
  • Clause 67 proposes consultations before modifications to gas transporter licences.
  • Clause 68 gives power to make regulations about information and advice provision in connection with hydrogen transportation projects.
  • Clause 69 specifies conditions for gas transporter licences for conveying hydrogen through pipes.
  • Clause 70 requires the GEMA to comply with directions given by the Secretary of State to promote value for money in hydrogen pipeline projects.
  • New clause 72 allows for the modification of the Gas Act 1986 in relation to hydrogen.
  • Consultation with the Gas and Electricity Markets Authority (GEMA) is required before exercising this power.
  • The regulations under this clause are subject to the affirmative procedure.
  • The company must be limited by shares.
  • It must be wholly-owned by the Crown as defined under specific paragraphs.
  • Once designated, the company is exempt from the requirement to use 'limited' in its name.
  • The government published the British energy security strategy in April last year.
  • Great British Nuclear (GBN) will be established as a Government company under the Companies Act 2006.
  • Financial assistance can be provided to GBN in various forms, subject to conditions agreed by the Secretary of State.
  • Annual reports and accounts must be submitted to Parliament.
  • New clauses help facilitate transfers and provide compensation when necessary.
  • Pension arrangements for transferred employees are addressed.
  • Great British Nuclear (GBN) was launched in March 2023.
  • GBN focuses on de-risking new nuclear development by co-funding projects at the early stage and acting as an expert adviser throughout the process.
  • The competitive process to select SMR technologies commenced in April 2023, with a down-selection phase aimed for autumn.
  • The drawdown selection process for Great British Nuclear is ongoing.
  • The formal launch of the competition will take place on July 13, 2023.
  • The UK government aims to have 24 GW of nuclear power on the grid by 2050.
  • The process allows companies that do not need government support to participate in SMR development.
  • The Secretary of State may give Great British Nuclear directions or guidance.
  • Great British Nuclear must send an annual report after each reporting year ending on March 31st.
  • Great British Nuclear's accounts and reports must be sent before the end of the filing period as per the Companies Act 2006.
  • The Secretary of State can make transfer schemes to move property, rights, and liabilities between GBN bodies, former GBN bodies, and other designated entities.
  • Transfer schemes may include provisions for compensation, shared ownership, apportioning property, and dispensing with formalities.
  • Consultation is required before making a transfer scheme.
  • New Clause 82 allows the Treasury to vary tax effects for things transferred under schemes.
  • New Clause 83 permits the Secretary of State to direct persons to provide necessary information or assistance for making a transfer scheme.
  • New Clause 84 enables the Secretary of State to reimburse individuals for expenses incurred in preparation for designating companies under Great British Nuclear provisions.
  • The new clause allows pension arrangements for Great British Nuclear that correspond or are similar to those for the Independent System Operator and Planner.
  • Regulations under this section must follow a consultation process before being made, as required by paragraphs 2(5) and 3(4) of Schedule 8.
  • The Secretary of State can direct trustees of qualifying pension schemes, persons exercising functions on behalf of trustees, and employers to provide specified pensions information.
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