Article 8 Review of obligations by the Authority

(1)

Where the Authority has all suppliers’ customers numbers, notified or determined under article 5, the Authority must—

(a)

review a supplier’s carbon emissions reduction obligation; and

(b)

notify a supplier of any amendment to that supplier’s obligation by 28th February immediately following the review.

(2)

The review must be carried out by reference to—

(a)

the overall carbon emissions reduction target;

(b)

the mean of the total number of domestic customers supplied by suppliers on 31st December 2007 and on each anniversary of that date; and

(c)

supplier customer numbers.

(3)

Except for a new supplier, supplier customer numbers are the mean of the number of domestic customers supplied by a supplier on—

(a)

31st December prior to the commencement of the obligation period; and

(b)

each 31st December subsequent to the commencement of the obligation period.

(4)

For a new supplier for whom the obligation period commences on 1st April 2009, supplier customer numbers are the mean of—

(a)

the number of domestic customers supplied by that supplier on 31st December 2008;

(b)

zero for 31st December 2007; and

(c)

the number of domestic customers supplied by that supplier on 31st December 2009.

(5)

The number of domestic customers under paragraph (3)(b) on each 31st December subsequent to the commencement of the obligation period, or under paragraph (4)(c), is deemed to be zero where—

(a)

a supplier belongs to a group of companies and that group has fewer than 50,000 domestic customers on that date; or

(b)

for any other supplier, that supplier has fewer than 50,000 domestic customers on that date.