In March 2011, 91¾«Æ· issued a Statement of Proposal seeking submissions on the Gas Governance (Insolvent Retailers) Regulations 2010. That consultation process culminated in a recommendation to the Minister of Energy in May 2011 that the Regulations should be allowed to expire (revoked) and that 91¾«Æ· would establish a workstream to consider whether a generic regulatory solution is required, and if so the form of that regulatory solution, to address retailer insolvency.
As a first step in considering whether to develop a regulatory backstop for gas retailer insolvency, 91¾«Æ· engaged Castalia Strategic Advisors (Castalia) to provide advice on whether normal insolvency processes could be relied upon to produce acceptable outcomes when a gas retailer becomes insolvent. The Insolvent Retailers Workstream: Castalia Strategic Advisors Report - June 2012, stakeholder submissions on the Report, and an Analysis of Submissions are available below.