The Tribunal refused applications for permission to intervene by:
(i) Gresham House Energy Storage Holdings Limited ("GHES");
(ii) the Secretary of State for Energy Security and Net Zero (the "SoS");
(iii) NatPower; and
(iv) the BHA.
In relation to GHES, the Tribunal accepted that it had a sufficient interest in the proceedings. However, it was not persuaded that any material GHES might seek to introduce would be sufficiently additive to the material that Zenobe itself will put before the Tribunal. On that basis, the application was refused.
The Tribunal accepted that the Secretary of State also had a sufficient interest in the proceedings. However, it was not satisfied that submissions from the Secretary of State would add anything beyond what GEMA could itself provide. The Secretary of State’s application was therefore refused.
The Tribunal concluded that NatPower’s application was made out of time. NatPower did not offer any substantive explanation for missing the deadline, and the Tribunal declined to exercise its discretion to extend time. Had the Tribunal extended time, it would have accepted that NatPower had a sufficient interest, but it would not have been persuaded that NatPower’s participation would provide material assistance proportionate to the additional costs involved.
Finally, the Tribunal concluded that BHA’s application was also made out of time. The application provided no explanation for the delay, simply asserting that it had been made at an early stage and that BHA had been unaware of the procedural timetable. The Tribunal declined to exercise its discretion to extend time. Had it done so, it would have accepted that BHA had a sufficient interest, given the potential impact on members’ projects, but it was not convinced that BHA’s submissions would provide material assistance beyond the high‑level points that could be equally well articulated by GEMA.
