Thermodynamic case against MCS dismissed
The case was brought by the Portuguese thermodynamic module manufacturer Energie EST Lda against the Microgeneration Certification Scheme (MCS) on the grounds that disqualification from MCS has seriously damaged its business. The firm contends that its refrigerant-based thermodynamic systems combine the benefits of solar and heat pump technologies and should therefore be eligible for inclusion on the MCS register.
MCS took the decision to suspended registration of thermodynamic installations using refrigerant in November 2012, however installers can continue registering these collectors using water or water/glycol mix only as the heat transfer medium and when installed in full compliance with MIS 3001.
Whilst MCS’s decision did not prevent Energie EST from marketing and installing its product in the UK, the result of the decision was that incentives provided by the Government to consumers to encourage the installation of green energy products were no longer available.
The main concern of MCS was that the performance of these refrigerant-based products could not be fully determined. These systems use a compression heat exchange unit which is unable to meet the requirements for completing the SAP and performance estimation calculations required under MCS. Both parties to the case agree this is a hybrid type system, and this is not covered fully within the SAP methodology, which is required to be completed under MCS.
MCS has welcomed the decision by Mr Justice Blair, which has dismissed all claims made by Energie EST against MCS, et al. Mr Blair concluded:
“I accept that the MCS has to strike a balance on the one hand between the application of its standards and methodology in support of consumer confidence, and on the other avoiding the risk of discouraging innovation and competition.”
MSC issued a statement confirming that its standards provide ongoing confidence in the safety, performance and durability of products installed under its authority. It said:
“As with any fast developing technology sector, innovation of technology and systems will always need to be accommodated in a timely manner to ensure consumers can benefit from the latest developments. That is why MCS has processes in place to support and assist industry in developing standards that can be certified against.”
MCS has set up a sub-committee to consider new standards for thermodynamic products. It expects that this standard, along with the accompanying installation standard, should reach publication before the introduction of any Government incentives next year.
