Ofgem communications with the Energy Ombudsman or E.ON related to E.ON customer records / billing systems failures since 2017

David Gale made this Freedom of Information request to Office of Gas and Electricity Markets

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was refused by Office of Gas and Electricity Markets.

Dear Office of Gas and Electricity Markets,

Please provide sight of Ofgem communications with the Energy Ombudsman or E.ON (or its contractors) related to E.ON customer records / billing systems failures since 2017.

Please provide sight of any assessments or reports on the impact and volume of the failures, remedies, and any recommendations made by Ofgem, the Energy Ombudsman, and E.ON (or its contractors).

Yours faithfully

David Gale

FOI, Office of Gas and Electricity Markets

3 Attachments

Dear David,

 

Thank you for your enquiry which we acknowledge as a Freedom of
Information request, logged under reference FOI-136-2020.

 

I have forwarded your email to the relevant team and will respond as soon
as I have the information, and within 20 working days.

 

Kind regards,

Shannon

 

Shannon Convery

Information Rights and Correspondence Officer

Communications

Ofgem

Commonwealth House

32 Albion Street

Glasgow

G1 1LH

[1]www.ofgem.gov.uk

 

 

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FOI, Office of Gas and Electricity Markets

4 Attachments

Dear David,

 

Please see the attached response to your recent information request.

 

Kind regards,

 

Emily

 

 

Emily Hardisty

Information Rights and Correspondence Officer

Communications

10 South Colonnade

Canary Wharf

London

E14 4PU

 

[1]www.ofgem.gov.uk

 

 

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From: FOI
Sent: 22 July 2020 14:04
To: [FOI #679029 email]
Subject: FW: Freedom of Information request - Ofgem communications with
the Energy Ombudsman or E.ON related to E.ON customer records / billing
systems failures since 2017

 

Dear David,

 

Thank you for your enquiry which we acknowledge as a Freedom of
Information request, logged under reference FOI-136-2020.

 

I have forwarded your email to the relevant team and will respond as soon
as I have the information, and within 20 working days.

 

Kind regards,

Shannon

 

Shannon Convery

Information Rights and Correspondence Officer

Communications

Ofgem

Commonwealth House

32 Albion Street

Glasgow

G1 1LH

[4]www.ofgem.gov.uk

 

 

Follow us on [5]LinkedIn

Follow us on [6]Twitter

 

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Copy of email to Ofgem dated 03.08.20:

Dear Ms Hardisty

Request reference number: FOI-136-2020 - Internal Review request - Ofgem

I am in receipt of your FOI response dated 03.08.20 in which Ofgem has refused to provide the requested information.

Given the catastrophic failures of E.ON's billing and customer records systems, as well as the negative impact on a significant volume of retail customers evidenced in information sourced elsewhere, the information requested is clearly a public interest matter.

Please initiate Ofgem's internal review process.

Yours sincerely

David Gale

FOI, Office of Gas and Electricity Markets

Dear David,

Thank you for your email.

A request for an internal review of our response to FOI-136-2020 was received on 03 August 2020 and acknowledged the following day.

The request is currently being considered by the case team and we will respond no later than Tuesday 01 September 2020.

Kind regards,

Emily

Emily Hardisty
Information Rights and Correspondence Officer
Communications
10 South Colonnade
Canary Wharf
London
E14 4PU

www.ofgem.gov.uk

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Dear FOI

Thank you for your response of 28.08.20. I note that a further response has been sent to me via email.

Thank you for confirming via your internal review process that Ofgem does hold information pertaining to catastrophic records management failures suffered by E.ON's customer records and billing systems but that it refuses to disclose that information citing legislative exemption.

Given the volume of media interest in this matter, please publish Ofgem's latest response to me at WhatDoTheyKnow.com

Furthermore, please provide sight of related records that confirm that, in circumstances where the information relates to criminal fraud by an energy company, Ofgem has informed parliament of the ongoing issues with the current legislation and its own remit.

Yours sincerely

David Gale

FOI, Office of Gas and Electricity Markets

Dear David,

Thank you for your email.

We're unable to publish our internal review response on WhatDoTheyKnow.com. However, you may do this if you wish.

I have passed your email to the case team who responded to your original request, and will reply as soon as I receive their response.

Kind regards,

Anna

Anna Parrott
Information Rights and Correspondence Manager
Communications
10 South Colonnade
Canary Wharf
London
E14 4PU
www.ofgem.gov.uk

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Consumer Affairs, Office of Gas and Electricity Markets

3 Attachments

Dear David,

 

Thank you for contacting Ofgem.

 

We have been asked to respond to you enquiry as it is no longer an
Information Request.

 

Ofgem / the Gas and Electricity Markets Authority (“GEMA”) was created
under the [1]Utilities Act 2000 (“UA00”), and we derive our statutory
powers from that Act and other legislation.

 

As industry regulator for gas and electricity markets in Great Britain,
Ofgem has a number of tools available for achieving a culture where
businesses put energy customers first, including powers to open compliance
and enforcement investigations into a potential breach of a relevant legal
requirement. The legal requirements that we can enforce include, but are
not limited to: licence conditions and requirements under the Gas Act 1986
(“GA86”) and the Electricity Act 1989 (“EA89”); aspects of competition law
under the Competition Act 1998 and Articles 101 and 102 of the Treaty on
the Functioning of the European Union; and consumer protection law under
the Enterprise Act 2002, Consumer Rights Act 2015 and Business Protection
from Misleading Marketing Regulations 2008. For further details please see
the [2]Ofgem’s powers page of our website.

 

Standard Licence Conditions

 

We would highlight that all suppliers are bound to abide by Standard
Licence Conditions (SLCs). This includes SLC 0, which sets out general
obligations on treating domestic customers fairly (the equivalent
condition for treating micro business consumers fairly is SLC 0A). These
are known as the Standards of Conduct, and they include requirements on
suppliers to behave and carry out actions in a fair, honest, transparent,
appropriate and professional manner. The current versions of the
Electricity and Gas Supplier SLCs can be found [3]here.

 

Fraud on Environmental and Social Schemes

 

Ofgem takes allegations of fraudulent activity on our [4]Environmental
Schemes very seriously. We have a counter fraud team who work to detect,
prevent and deter fraud across the environmental or social programmes we
administer on behalf of the government, and further details can be found
on our website [5]here.

 

Prosecution

 

Ofgem may investigate and prosecute certain criminal offences under
legislation including the GA86, EA89 and the [6]Electricity and Gas
(Market Integrity and Transparency)(Criminal Sanctions) Regulations 2015
(the “2015 Regulations”). It is a criminal offence under the GA86 and EA89
for any person to provide Ofgem / GEMA with materially false information.

 

Ofgem is also the enforcement body in Great Britain for the [7]Regulation
on Energy Market Integrity and Transparency (“REMIT”), which prohibits
energy market abuse, including market manipulation and insider trading in
relation to wholesale energy products. Ofgem’s enforcement powers in this
field, including those relating to criminal prosecution, are derived from
[8]The Electricity and Gas (Market Integrity and Transparency)
(Enforcement etc.) Regulations 2013 and the 2015 Regulations. For further
information on REMIT, see Ofgem’s website page [9]here.

 

Ofgem’s [10]Prosecution Policy Statement explains the process that we
will follow for criminal prosecutions, and it also includes links to our
Enforcement Guidelines, REMIT Procedural Guidelines and REMIT Penalties
Statement for your information. The [11]Enforcement Guidelines describe
how we will use our enforcement powers, how we will provide redress and
remedies for consumers, and how breaches or infringements will be punished
or deterred.

 

Ofgem does not have powers of prosecution under the [12]Fraud Act 2006
(for England and Wales) or in relation to common law fraud (Scotland), and
we are not the requisite prosecuting authority for those offences. If,
following investigation, we suspected this type of criminal fraud by a
licence holder then we would refer the matter to Action Fraud, the police
or the Serious Fraud Office, as appropriate. We have powers and duties to
share information with other bodies to enable them to carry out their
functions, and we would liaise with the Crown Prosecution Service (or, in
Scotland, the Crown Office and Procurator Fiscal Service) as necessary. 

 

Parliamentary reporting and scrutiny

 

Under section 5 of the UA00, GEMA must report on its activities annually
to the Secretary of State, who lays the report before Parliament. Our
Annual Report and Accounts is presented to the House of Commons and the
2019-20 report can be located [13]here on our website.

 

We generally consult widely with stakeholders, including the Department
for Business, Energy and Industrial Strategy, in relation to the exercise
of our statutory functions. Ofgem representatives may also give evidence
to parliamentary committees.

 

Kind regards,

 

Sofeina

Assistant Manager

Consumer Affairs

Ofgem

3rd Floor

Commonwealth House

32 Albion Street

Glasgow

G1 1LH

[14]www.ofgem.gov.uk

 

 

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