{
  "url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-42",
  "json_url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-42.json",
  "legislation": "ukdsi/2019/9780111182437",
  "legislation_title": "The Electricity Capacity (No. 1) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019",
  "path": "regulation/42",
  "kind": "regulation",
  "number": "42",
  "heading": "DSR unproven capacity fee",
  "text": "The Principal Regulations apply as if, after regulation 43ZA (termination fees: adjustment for DSR providers) there were inserted—\n“DSR unproven capacity fee\n43ZB. (1) A capacity provider (“C”) in respect of a demand side response CMU (“CMU i”) must pay to the Settlement Body a fee (a “DSR unproven capacity fee”), by way of financial penalty, if C has in accordance with capacity market rules provided to the Delivery Body a DSR test certificate which evidences CMU i’s proven DSR capacity is an amount less than CMU i’s de-rated capacity.\n(2) Where a DSR unproven capacity fee would be payable by C before the T-1 capacity agreement trigger event has occurred, this fee only becomes payable if the T-1 capacity agreement trigger event occurs.\n(3) Subject to paragraph (4), the Settlement Body must, as soon as reasonably practicable after receiving notice from the Delivery Body that C has provided a DSR test certificate which gives rise to a DSR unproven capacity fee—\n(a) determine the amount in pounds of the DSR unproven capacity fee that is payable (or which would be payable if the T-1 capacity agreement trigger event occurred); and\n(b) issue to the capacity provider an invoice for that amount.\n(4) An invoice under paragraph (3)(b) must only be issued on or after the date on which the T-1 capacity agreement trigger event occurred.\n(5) The DSR unproven capacity fee payable by C in respect of CMU i is—\n(a) where CMU i’s proven DSR capacity is less than 90% of CMU i’s de-rated capacity, UCF 1; and\n(b) where CMU i’s proven DSR capacity is equal to or greater than 90% of CMU i’s de-rated capacity, UCF 2.\n(6) In this regulation—\n“UCF 1” means an amount equal to £5000 per MW of the amount of the de-rated capacity of CMU i; and\n“UCF 2” means an amount calculated in accordance with the formula—\nUCF 2 = UCF 1 × ( ( DC−PC ) / DC )\n(7) In paragraph (6)—\n“DC” means CMU i’s de-rated capacity; and\n“PC” means CMU i’s proven DSR capacity.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/42",
    "retrieved_at": "2026-10-30T15:00:10.871011+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}