UK government loses FIT appeal on retroactive tariff changes

23.03.2012: The UK Supreme Court has refused to hear the Department of Energy and Climate Change’s (DECC) appeal of a High Court ruling that said retroactive changes to the feed-in-tariff (FIT) scheme proposed by the DECC were illegal. The decision brings an end to the case, which means that the cutoff date for the old FIT rates can now be determined: small-scale solar installations completed before March 3, 2012 are eligible to receive the higher rate of 43.3 pence (68.9¢) per kWh. The original Dec. 2011 High Court decision said that the DECC’s plan to bring forward the cutoff date for the old FIT from April 1, 2012 to Dec. 12, 2011 was illegal because the proposed cutoff date fell in the middle of an ongoing public consultation on changes to the FIT scheme. The High Court decision was later upheld by the Court of Appeal, and now, with the Supreme Court decision, the case is finally closed. In response to this latest decision, DECC Secretary Edward Davey said: “We will now focus all our efforts on ensuring the future stability and cost effectiveness of solar and other microgeneration technologies for the many, not the few.” Meanwhile, solar panel installer Solarcentury, which launched the legal challenge against the DECC along with fellow installer HomeSun and environmental organization Friends of the Earth, was pleased with the decision, although it noted “jobs have already been lost in the solar industry…as a result of the Government’s illegal intervention.” Solarcentury Chairman Jeremy Leggett commented: “This final step in the legal process has wasted much needed time and money and now we, the renewables industry, simply want to get on with creating our clean energy future. Renewables can only play the pivotal role necessary to deliver a new green economy if we have a stable market and investor confidence backed by lawful, predictable and carefully considered policy. I hope the Government is now clear that it will be held to account if it tries to act illegally and push through unlawful policy changes.” … Source: UK Department of Energy and Climate Change, Solarcentury; Summary: PHOTON

http://www.decc.gov.uk/en/content/cms/news/fits_app_decis/fits_app_dec

is.aspx

http://www.solarcentury.co.uk/about-us/latest-news/supreme-court-rejec

ts-government-s-solar-appeal/

 

 

Monty Bannerman

ArcStar Energy

646.402.5076

www.arcstarenergy.com