The Electricity Capacity Regulations 2014
Draft 2014, ISBN 9780111116852
Draft Regulations laid before Parliament under section 40(5) of the Energy Act 2013, for approval by resolution of each House of Parliament.
Electricity
Made 2014
Coming into force in accordance with regulation 1
The Secretary of State has before making these Regulations—
consulted the persons listed in section 40(2)(a) and (b) of the Energy Act 2013f1 and such other persons as the Secretary of State considered it appropriate to consult; and
had regard to the matters in section 5(2) of that Act.
In accordance with section 40(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 27 to 33, 34(3) to (6), 36, 38(a), 40(1) and 63 of the Energy Act 2013, makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Introduction
- 1Citation and commencement
- 2Interpretation
- 3“Providing electricity”; “reducing demand for electricity”; “electricity supplier”
- 4“Generating CMU”
- 5“Demand side response CMU”
- Part 2: Reliability standard
- 6Reliability standard
- Part 3: Electricity capacity reports
- 7Annual electricity capacity report
- 8Electricity capacity reports: supplementary
- 9Information, directions, and assumptions
- Part 4: Capacity auctions
- Chapter 1: Determining whether capacity auction is to be held
- 10Determining whether capacity auction is to be held
- Chapter 2: Auction parameters
- 11Meaning of auction parameters
- 12Determination of auction parameters by the Secretary of State
- 13Adjustment of auction parameters following prequalification
- Chapter 3: Eligibility criteria and prequalification
- 14Eligibility to bid in capacity auctions
- 15General eligibility criteria
- 16Excluded capacity: low carbon support scheme CMUs
- 17Excluded capacity: NER 300 and CCS grant scheme CMUs
- 18Excluded capacity: long term STOR CMUs
- 19Regulations 16 to 18: interpretation
- Chapter 4: Determining eligibility and holding capacity auctions
- 20General duty of Delivery Body
- 21Auction guidelines
- 22Determination of eligibility
- 23Notifying prequalification results to the Secretary of State
- 24Holding the capacity auction
- 25Notification of results
- 26Cancellation, postponement or stopping of capacity auction
- 27Power to annul capacity auction
- 28Rearranged capacity auctions
- Chapter 5: DSR transitional auctions
- 29DSR transitional auctions
- Part 5: Capacity agreements, capacity market register and termination
- 30Capacity agreements
- 31Capacity market register
- 32Termination fee rates
- 33Termination of capacity agreements: Secretary of State’s discretion
- 34Termination of capacity agreements: CFDs and ROO conversions
- 35Null and void capacity agreements
- Part 6: Payments
- Chapter 1: General
- 36The settlement calculations
- 37Data default notices
- 38Invoices and credit notes: general
- Chapter 2: Calculations and determinations: capacity providers
- 39Determination of adjusted load-following capacity obligation, net output and adjusted net output
- 40Capacity payments
- 41Capacity provider penalty charges
- 42Over-delivery payments
- 43Termination fees
- Chapter 3: Calculations and determinations: electricity suppliers
- 44Settlement costs levy: the first levy period
- Chapter 4: Payment and non-payment
- 45General
- 46Payment of invoices and accruing interest
- 47The non-payment register
- 48Payment of credit notes
- 49Reducing capacity payments: unpaid capacity provider penalty charges
- 50Reducing capacity payments: failure to demonstrate satisfactory performance
- 51Withholding credit payments to capacity providers
- 52Payment of withheld credit
- Part 7: Credit cover
- Chapter 1: General
- 53Application of this Part and interpretation
- 54Credit cover: requirements
- 55Approval of credit cover
- 56Maintenance of credit cover
- 57Downgrade of letter of credit
- 58Release of credit cover
- Chapter 2: Applicant credit cover
- 59Requirement to provide applicant credit cover
- 60Credit obligation period
- 61Draw down of applicant credit cover
- 62Effect of non-compliance
- Part 8: Information
- 63Duties to provide information
- 64Limitation on duty to provide information
- 65Protection of information
- 66Disclosure of information under capacity market rules
- Part 9: Enforcement
- 67Relevant requirements
- Part 10: Dispute resolution and appeals
- Chapter 1: Delivery Body decisions
- 68Delivery body reviewable decisions
- 69Requesting reconsideration by the Delivery Body
- 70Appeals to the Authority
- 71Determination of appeal by the Authority
- 72Appeals to the court
- 73Consequences of successful review or appeal
- Chapter 2: Settlement Body decisions
- 74Disputes
- 75Disputes notice
- 76Determination of disputes
- Part 11: Capacity market rules
- 77Authority’s power to make capacity market rules
- 78Objectives
- 79Procedure
- Part 12: Other functions of the administrative parties
- 80Appointment of Settlement Body
- 81Review by Secretary of State
- 82Review of capacity market rules
- 83Annual operational reports
- 84Settlement Body’s annual report
- Part 13: Miscellaneous
- 85Restricted liability in damages
- 86Documents
- Part 14: Transitory provisions and repeal
- 87Transitory provisions: the first T-4 auction
- 88Repeal
- Signature
- Schedule 1: Settlement calculations
- 1Interpretation
- 2Weighting factor
- 3Capacity payments: calculations to be made annually for each capacity committed CMU
- 4Capacity payments: calculations to be made monthly for each capacity provider
- 5Capacity provider penalty charges: calculation of settlement period penalty applying to a capacity committed CMU
- 6Capacity provider penalty charges: calculation of monthly penalty charge for a capacity committed CMU
- 7Over-delivery payments
- 8Apportionment between capacity providers
- 9Settlement costs levy: the first levy period
- Schedule 2: Documents
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Explanatory note