Ofgem announces new energy rules but fails to protect customer deposits

OFGEM Regulator has been criticised forl only ‘closely’ monitoring suppliers’ use of customer credit balances

Ofgem announces new energy rules but fails to protect customer deposits

The energy regulator has strengthened its rules to shield households after taxpayers had to pick up a £9.2bn bill when suppliers went bust – but it was criticised for failing to protect consumer deposits.

Ofgem has announced a package of reforms designed to bolster consumer protection and ensure energy suppliers are more resilient to market shocks.

Almost 30 energy suppliers have collapsed since the start of the energy crisis. The collapse of Bulb, by far the largest failure, has been estimated to cost the taxpayer £6.5bn alone, while the remaining failures will cost consumers about £2.7bn. Many of the failures were because of the weak balance sheets of suppliers, which were exposed when the wholesale price of gas began to rise rapidly.

In response, Ofgem is proposing the series of reforms, including setting a minimum amount of capital that suppliers must hold – to reduce the risk and cost of supplier failures.

However, the regulator for Great Britain said it would only “closely” monitor the use of credit balances. Some energy companies, including the British Gas owner, Centrica, have argued that customer credit should be ringfenced to prevent suppliers from using consumers’ money for other corporate purposes. Rivals, including Octopus, have suggested cheaper options.

The Centrica chief executive, Chris O’Shea, hit out at the decision, accusing Ofgem of an “abdication of responsibility”.

He said: “When customers pay upfront for their energy, they are trusting their supplier to look after their hard-earned money. They would be appalled to learn their money was being used to fund day-to-day business activities but that’s exactly what’s happening in some companies, and it undermines confidence in the market.

“If and when a large supplier fails, the recklessness of the decision not to address this issue will be clear for all to see.”

Ofgem said that if the use of customer balances was found to be “reckless”, it would take further action.

Consumers typically overpay relative to consumption in the summer months, building up big advance deposits with suppliers, which are then run down through the winter.

Ofgem’s chief executive, Jonathan Brearley, has previously said some energy firms use customers’ credit balances “like an interest-free company credit card”.

He said on Friday: “We want suppliers to be able to be innovative and dynamic, while also making sure they are financially stable, and that customers’ money is protected.

“This is a delicate balance and while Ofgem want well-capitalised businesses that can weather price fluctuations, we also don’t want to block the market for new suppliers or force suppliers to sit on lots of capital they could be investing in innovative ideas. We are seeking views across the industry, recognising the different business models suppliers have, on whether we have struck the right balance between resilience and competition.”

Ofgem attempted to improve competition in the market but has been criticised for being too slow to act as the energy crisis escalated and many of the new entrants failed.

The new rules will also require suppliers to ringfence the money needed to buy renewable energy.

Ofgem announced consultations on a string of other reforms, including reviewing the rate of return on suppliers’ investments and updates to its price cap. The reforms are expected to kick in next spring.