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Renewables procurement in question after nukes judgment

Publish date: 16 May 2017
Issue Number: 507
Diary: Legalbrief Environmental
Category: Energy

Although government said this week it will not appeal the recent nuclear ruling setting aside Ministerial determinations around the procurement of nuclear power, the ruling has impacted on the energy sector, with an expert warning it may have implications for renewables procurement, too, writes Legalbrief. The ruling, which set aside the Ministerial determinations designed to facilitate the procurement of nuclear power stations, may also carry risks for the legality of the various independent power producer (IPP) procurement programmes, which are proceeding on the basis of determinations that were likewise not subjected to public consultations. According to a Polity report, this view is expressed in a risk assessment drafted by Craig Morkel, projects director at iKapa Energy, for discussion by the SA Independent Power Producer Procurement Association (SAIPPA). Morkel, who is projects director at iKapa Energy, wrote the piece in his personal capacity. He believes it may be necessary for the Department of Energy and Nersa to take remedial action to align the existing determinations with the outcome of the nuclear case. ‘We can't allow the IPP baby to be thrown out with the nuclear bathwater,’ Morkel quipped.

Full Polity report