Ofgem has released two consultations which seek to clarify the role storage will play in the energy market over the coming years. This follows on from the Smart System and Flexibility Plan as Ofgem seeks to remove regulatory barriers to storage in order to ensure a competitive market for the development of storage and other flexibility services. Both consultations are open until 27 November and Ofgem welcomes stakeholder feedback and proposals.
1. MODIFYING THE ELECTRICITY GENERATION LICENCE FOR STORAGE
Due to the shared characteristics and functions performed by both generation and storage (primarily in terms of exporting electricity to the grid), Ofgem considers (having looked at alternative options) that modifying the existing electricity generation licence is the best way to clarify the regulatory framework for storage. The consultation also appends the proposed modified licence.
In this consultation, Ofgem:
2. CHANGES TO THE ELECTRICITY DISTRIBUTION LICENCE: PROHIBITION ON DNO OPERATION OF STORAGE
The aim of the second consultation is to clarify the regulatory position on ownership and operation of storage by distribution network operators (DNO).
Ofgem is concerned that because network companies control the infrastructure needed to trade energy and provide flexibility services, they have the ability to impede the activities of other market participants or gain an unfair advantage over their rivals, thereby distorting competition. Ofgem considers that the prohibition on DNO operation of storage facilities proposed in this consultation would serve to ensure potential conflicts are managed effectively, while still allowing DNO operation of storage in specific circumstances.
Prohibiting DNO operation of storage
The new condition 43B proposed for the Electricity Distribution Licence is intended to ensure DNOs are legally separate from the operation of storage facilities, regardless of whether they are required to have a generation licence. DNOs would require consent from Ofgem in order to carry out any generation activities including storage. This would be replicated in relation to Independent DNOs.
The new condition would allow DNOs who currently own storage and generation assets to place a legally separate party, which could be an independent third party or a legally separate affiliate of the DNO, as operator of the facility.
Exceptions to the prohibition under the new condition
Ofgem proposes to exempt small-scale applications of DNO-operated generation, including storage, that help to ensure the safe and reliable operation of the network and which could be considered to be within the normal business activities of the DNO. The exempted applications are:
Specific consents for other applications of storage
Specific consent may be granted in exceptional circumstances where the system is under transition and it is considered acceptable for DNOs to operate storage. The DNO will have to demonstrate that every effort has been made to seek a third party solution on a competitive basis, and that a DNO-operated storage facility is the most economic and efficient solution. Consent will be granted via an Ofgem Direction, which may contain conditions in relation to time limits on consent, additional monitoring or reporting, and additional measures to manage potential conflicts of interest.
Treatment of existing islanded network generation
Existing arrangements where DNOs own and directly operate a small number of generation assets on islanded networks would not need to be altered under this proposal. However for new sites the DNO will need to apply to Ofgem for permission to operate the assets directly.
Treatment of existing DNO-owned and operated storage
Ofgem will work with DNOs which own and operate storage facilities built under the Low Carbon Network Fund (LCNF) innovation funding to find the most appropriate treatment of these existing storage assets, many of which are coming to an end. They are mindful that these facilities were intended to trial new technologies and operating arrangements to help all DNOs understand how to most efficiently provide security of supply and delivery value for money.