On 13 June 2025 the Authority issued its notice of proposal to confirm the Provisional Order dated 10 April 2025, with modifications, imposed on Tomato Energy Ltd (“Tomato Energy”) on the grounds that Tomato Energy is contravening or is likely to contravene Standard Licence Conditions (“SLCs”) 4A, 4B.1 and 4B.8 of the Electricity Supply Licence. The notice of proposal invites representations or objections in relation to the proposed confirmation by 7 July 2025. The Authority gives notice that in accordance with section 26(1) of the Electricity Act 1989 (“EA89”):
The conditions to:
Obtain and maintain Liquidity of a sufficient amount and Quality so that it is able to meet its reasonably anticipated financial liabilities
Put in place and maintain robust internal capability, systems and processes to enable the licensee to comply with relevant legislative and regulatory obligations
Notify the Authority in writing as soon as reasonably practicable but no later than 7 days after it becomes aware that:
there is a Material risk that any Trigger Points will occur; and/or
any Trigger Points have occurred
Are the relevant conditions for the purposes of the modified Provisional Order.
The acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of those conditions, and other factors which in the Authority’s opinion justify the confirmation of the Provisional Order are those set out in the Notice of proposal to confirm the Provisional Order.
Any representations or objections with respect to the proposed confirmation are to be made to the Authority by 5pm, 7 July 2025 by email to j.walker@ofgem.gov.uk and sam.wood@ofgem.gov.uk.
The Authority will consider these representations and then make a final decision on whether to confirm the Provisional Order prior to 10 July 2025 (the date on which the Provisional Order would lapse if not confirmed).
