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Article 9 Determining supply for phase 1

Original text. Later amendments are not shown.

(1)

This article applies for the purposes of articles 7 and 8.

(2)

The amount of electricity or gas supplied by a participant in the qualification year for phase 1 is—

(a)

where the amount notified by the participant under article 5(2) for that year is more than a qualifying supply but less than 1000 gigawatt hours of electricity or 2800 gigawatt hours of gas, the amount determined using the formula in paragraph (4);

(b)

where the amount notified under article 5(2) for that year is equal to or more than 1000 gigawatt hours of electricity or 2800 gigawatt hours of gas, the notified amount.

(3)

The amount of electricity or gas supplied by a group in the qualification year for phase 1 is—

(a)

where the amount notified by the participant under article 5(3) for that year is more than a qualifying supply but less than 1000 gigawatt hours of electricity or 2800 gigawatt hours of gas, the amount determined using the formula in paragraph (4);

(b)

where the amount notified under article 5(3) for that year is equal to or more than 1000 gigawatt hours of electricity or 2800 gigawatt hours of gas, the notified amount.

(4)

The formula referred to in paragraphs (2)(a) and (3)(a) is—

( D−E )×2
(5)

In paragraph (4)—

  • “D” is—

    1. (a)

      in the case of a participant who is not a member of a group with another participant at the end of the qualification year for phase 1, the amount of electricity or gas notified under article 5(2) as supplied by the participant in the qualification year for phase 1;

    2. (b)

      in the case of a participant who is a member of a group with another participant at the end of the qualification year for phase 1, the amount of electricity or gas notified under article 5(3) as supplied by the group in the qualification year for phase 1;

  • “E” is—

    1. (a)

      in the case of electricity, 500 gigawatt hours; or

    2. (b)

      in the case of gas, 1400 gigawatt hours.

(6)

The total amount of electricity or gas supplied in the qualification year for phase 1 by all participants is the sum of—

(a)

all the electricity or gas supplied in the qualification year by participants that are not members of a group with another participant at the end of the qualification year, as determined in accordance with paragraph (2); and

(b)

all the electricity or gas supplied in the qualification year by groups, as determined in accordance with paragraph (3).

(7)

In paragraph (6)(b), the reference to “groups” is to those groups that, at the end of the qualification year, include at least two participants.