Paragraph 2 Termination of capacity agreements and Secretary of State’s discretion: modifications

Regulation 33 applies as if—

(a)

in paragraph (2)—

(i)

at the end of sub-paragraph (b), for “.” there were substituted “; or”; and

(ii)

after sub-paragraph (b), there were inserted—

“(c)
if the conditions in paragraph (3A) are met, and the termination notice was given on the ground that the capacity provider (“P”) failed to meet a specified requirement, direct the Delivery Body to—

(i)
withdraw the termination notice given to P; and

(ii)
terminate the capacity agreement on the ground specified in the Rules that P failed to meet the specified requirement owing to the exceptional circumstances of P’s particular case arising from the effects of coronavirus”;

(b)

in paragraph (3), after “6 months” there were inserted “or, if the conditions in paragraph (3A) are met, 12 months”;

(c)

after paragraph (3), there were inserted—

“(3A)
The conditions referred to in paragraphs (2)(c) and (3) are that—

(a)
the Delivery Body has given a termination notice to a capacity provider under the Rules in respect of a capacity agreement awarded as a result of a capacity auction held before 1st April 2020; and

(b)
the capacity provider has made representations to the Secretary of State requesting the exercise of the discretion under paragraph (2)(b) or (2)(c) (as the case may be) before the end of—

(i)
the delivery year for which the capacity provider holds the capacity agreement in the case of a capacity agreement for a one year capacity obligation; or

(ii)
the first delivery year for which the capacity provider holds the capacity agreement in the case of a capacity agreement for a multi-year capacity obligation.”;

(d)

in paragraph (5)—

(i)

in sub-paragraph (a), after “20 working days” there were inserted “or, if the conditions in paragraph (5A) are met, 30 working days”; and

(ii)

in sub-paragraph (b), at the end, there were inserted “, unless the capacity provider is making representations to the Secretary of State requesting the exercise of the discretion under paragraph (2)(c)”;

(e)

after paragraph (5), there were inserted—

“(5A)
The conditions referred to in paragraph (5)(a) are that—

(a)
the Delivery Body has given a termination notice to a capacity provider under the Rules in respect of a capacity agreement awarded as a result of a capacity auction held before 1st April 2020; and

(b)
the Delivery Body gave that termination notice before 1st May 2021.”; and

(f)

in paragraph (8), before sub-paragraph (a) there were inserted—

“(za)
“coronavirus” means severe acute respiratory syndrome coronavirus 2;”.