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Nuclear Energy (Financing) Bill - Sitting 6

25 November 2021

Proposing MP
North Wiltshire
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the Nuclear Energy (Financing) Bill, specifically clause 31 which outlines a special administration regime for relevant licensee nuclear companies to ensure the continuation of electricity generation in case of insolvency. The statement addresses an amendment to the Nuclear Energy (Financing) Bill aimed at ensuring continued operation of nuclear power plants when the company responsible for them fails. MP Alan Brown is discussing concerns about clauses 32 and 33 of the Nuclear Energy (Financing) Bill, particularly regarding their implications for consumer protection and government obligations. The statement addresses amendment 18 to the Nuclear Energy (Financing) Bill, which seeks to ensure public ownership of a nuclear power plant if it cannot be rescued or transferred under specific conditions. James Gray is leading a discussion on the Nuclear Energy (Financing) Bill, specifically addressing Clause 33 and a new clause related to reporting expected costs of prospective projects. The statement discusses new clause 1 of the Nuclear Energy (Financing) Bill which aims to enhance transparency on nuclear project costs by requiring the Secretary of State to report capital and up-front costs before licensing modifications are made. The statement discusses the Nuclear Energy (Financing) Bill and its provisions for the Regulated Asset Base (RAB) model, which aims to save consumers money through more efficient cost-sharing between taxpayers and consumers. This statement discusses new clauses related to transparency in nuclear energy projects, specifically regarding guaranteed strike prices for electricity sales and decommissioning costs. The statement discusses the proposal for new clauses in the Nuclear Energy (Financing) Bill that would require reports and parliamentary approval before certain financial decisions are made regarding nuclear administrators or relevant licensee companies. James Gray acknowledges the points of order from other MPs regarding the Nuclear Energy (Financing) Bill and its scrutiny.

Action Requested

The speaker urges that clause 31 stand part of the Bill and emphasizes the need to proceed with discussion on subsequent clauses without revisiting this one unless necessary amendments are tabled later.

Key Facts

  • Clause 31 establishes a special administration regime for relevant licensee nuclear companies (RLNCs).
  • The objective is to ensure electricity generation continues during construction or operation if an RLNC becomes insolvent.
  • Ofgem, with Secretary of State’s permission, may apply to the courts for a special administrator.
  • The amendment is proposed for clause 32, page 24, line 24.
  • It is modelled on sections 94 and 95 of the Energy Act 2011.
  • In cases where a company fails during construction or production, the Government would establish a new company to ensure operations continue.
  • Concerns about clauses 32 and 33 regarding consumer protection.
  • Clause 41 possibly gives an open-ended mandate to the Secretary of State.
  • Comparison made with the special administration regime under the Energy Act 2011 applied to Bulb Energy.
  • Amendment 18 addresses what happens if an RLNC administration order is in force but a rescue or transfer of the plant cannot be achieved.
  • The amendment would require the Secretary of State to move the assets, liabilities and undertakings of the RLNC to a Government-owned company under certain conditions.
  • The minister argues that existing provisions allow for public ownership if deemed necessary without creating an automatic process as proposed by the amendment.
  • Clause 33(7)(b) involves omitting the definition of 'non-GB company' from section 171 of the Energy Act 2004.
  • Paragraph 4 in the schedule deals with consequential repeals, including sections related to licence modifications under the Smart Meters Act 2018 and Domestic Gas and Electricity (Tariff Cap) Act 2018.
  • The Minister agrees to write letters explaining these aspects of the Bill to Committee members.
  • New clause 1 seeks additional reporting requirements on the Secretary of State regarding capital and up-front costs.
  • Hinkley Point C is now estimated at £22 billion, a 25% increase from the original estimate of £18 billion.
  • Sizewell C is expected to cost around £20 billion.
  • The legislation aims to save consumers £30 billion overall.
  • Initial costs under RAB would be a few pounds per dual-fuel household in this Parliament for projects starting construction in 2023.
  • Transparency measures include publishing designation statements and consulting with key independent bodies.
  • New Clause seeks full clarity on commitments for new nuclear projects.
  • Decommissioning costs are estimated to cost £132 billion over the next 100 years.
  • The Energy Act 2008 legislates secure financing arrangements for decommissioning costs.
  • The new clause would require the Secretary of State to prepare and publish a report before making payments under section 41(2)(c).
  • The proposed amendment could introduce uncertainty over funding pending parliamentary approval.
  • The administrator must know that funding is available from day one for swift action and security of supply.
  • James Gray acknowledges the points of order from Greg Hands, Alan Whitehead, and Alan Brown.
  • The Nuclear Energy (Financing) Bill has been scrutinised in detail by the Committee.
  • The Bill is set to be reported without amendments.
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