T
TedM
Posting in here as I am starting to get more than a little paranoid about DECC (but GCHQ can probably read this anyway!)
Having spent a couple of hours reading the judgement here are my thoughts.
Firstly, Moses J has made a few mistakes in his ruling. They are pretty minor technical issues and I don't think they change anything of substance in his findings.
1. At 24 he says:
Well, we know that isn't right. The FIT licensee receives a written request for a FIT contract not an MCS certificate. That's issued by the installer via Gemserv. But not a big issue.
2. At 39 (iv) he says:
No they didn't. The change he is referring to was the last amendment by DECC that changed rates for >50kW PV. The changes he should be referring to here would have been dated back in March 2011. Or if he does mean these then the sub 4kW rates did not change.
3. At 47 he says:
No, that's when it started. He perhaps meant to say 23rd December 2011.
4. The entire judgement ignores the DECC release of Plan B on 19th January. This is perhaps normal as it would not have been presented to the court (sitting on the 13th January) for their consideration.
I had hinted before that Moses J has some form in giving the government a hard time for mistakes and he seems to have gone to town on this one. But he has used the changes that DECC lawfully made last summer, to cut tariffs to > 50kW PV, to act as a something of a precedent for how all changes should proceed. This may be the angle that DECC will attack in their appeal to the Supreme Court.
Reading between the lines of what DECC seem to be trying to achieve - the big problem is if today's judgement is overturned in the Supreme Court then all bets are off. Even last year's installs at 43.3p guaranteed for 25 years may not be able to stand. The floodgates will be opened for any retrospective changes that DECC dream up. I'm not saying they would do this, but the path would have been laid for them to do it.
Also queues are forming of disgruntled projects that cancelled last November to sue DECC for losses. This could cost the government £--- millions. This might be the main reason why DECC now feel they have to fight to the bitter end.
One small point I have to disagree with Bruce's earlier comments on is regarding the effect this judgement has on the 3rd March deadline.
At 45 Moses says:
That does suggest that once a FIT rate has been set for a specific FIT year that it then cannot be changed. But, as I said, I don't think that Plan B forms any part of the judges view here.
But he then somewhat contradicts this when he says later, at 50:
This should make DECC's proposed 3rd March change lawful - assuming Parliament does not throw it out.
Judgement is here http://www.foe.co.uk/resource/briefing_notes/fits_appeal_court_ruling.pdf
Having spent a couple of hours reading the judgement here are my thoughts.
Firstly, Moses J has made a few mistakes in his ruling. They are pretty minor technical issues and I don't think they change anything of substance in his findings.
1. At 24 he says:
Well, we know that isn't right. The FIT licensee receives a written request for a FIT contract not an MCS certificate. That's issued by the installer via Gemserv. But not a big issue.
2. At 39 (iv) he says:
No they didn't. The change he is referring to was the last amendment by DECC that changed rates for >50kW PV. The changes he should be referring to here would have been dated back in March 2011. Or if he does mean these then the sub 4kW rates did not change.
3. At 47 he says:
No, that's when it started. He perhaps meant to say 23rd December 2011.
4. The entire judgement ignores the DECC release of Plan B on 19th January. This is perhaps normal as it would not have been presented to the court (sitting on the 13th January) for their consideration.
I had hinted before that Moses J has some form in giving the government a hard time for mistakes and he seems to have gone to town on this one. But he has used the changes that DECC lawfully made last summer, to cut tariffs to > 50kW PV, to act as a something of a precedent for how all changes should proceed. This may be the angle that DECC will attack in their appeal to the Supreme Court.
Reading between the lines of what DECC seem to be trying to achieve - the big problem is if today's judgement is overturned in the Supreme Court then all bets are off. Even last year's installs at 43.3p guaranteed for 25 years may not be able to stand. The floodgates will be opened for any retrospective changes that DECC dream up. I'm not saying they would do this, but the path would have been laid for them to do it.
Also queues are forming of disgruntled projects that cancelled last November to sue DECC for losses. This could cost the government £--- millions. This might be the main reason why DECC now feel they have to fight to the bitter end.
One small point I have to disagree with Bruce's earlier comments on is regarding the effect this judgement has on the 3rd March deadline.
At 45 Moses says:
That does suggest that once a FIT rate has been set for a specific FIT year that it then cannot be changed. But, as I said, I don't think that Plan B forms any part of the judges view here.
But he then somewhat contradicts this when he says later, at 50:
This should make DECC's proposed 3rd March change lawful - assuming Parliament does not throw it out.
Judgement is here http://www.foe.co.uk/resource/briefing_notes/fits_appeal_court_ruling.pdf
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