OpenLegislation

The Electricity Capacity Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111116852

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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—

(a)

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

(b)

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

2013 c.32.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3“Providing electricity”; “reducing demand for electricity”; “electricity supplier”
  5. 4“Generating CMU”
  6. 5“Demand side response CMU”
  7. Part 2: Reliability standard
  8. 6Reliability standard
  9. Part 3: Electricity capacity reports
  10. 7Annual electricity capacity report
  11. 8Electricity capacity reports: supplementary
  12. 9Information, directions, and assumptions
  13. Part 4: Capacity auctions
  14. Chapter 1: Determining whether capacity auction is to be held
  15. 10Determining whether capacity auction is to be held
  16. Chapter 2: Auction parameters
  17. 11Meaning of auction parameters
  18. 12Determination of auction parameters by the Secretary of State
  19. 13Adjustment of auction parameters following prequalification
  20. Chapter 3: Eligibility criteria and prequalification
  21. 14Eligibility to bid in capacity auctions
  22. 15General eligibility criteria
  23. 16Excluded capacity: low carbon support scheme CMUs
  24. 17Excluded capacity: NER 300 and CCS grant scheme CMUs
  25. 18Excluded capacity: long term STOR CMUs
  26. 19Regulations 16 to 18: interpretation
  27. Chapter 4: Determining eligibility and holding capacity auctions
  28. 20General duty of Delivery Body
  29. 21Auction guidelines
  30. 22Determination of eligibility
  31. 23Notifying prequalification results to the Secretary of State
  32. 24Holding the capacity auction
  33. 25Notification of results
  34. 26Cancellation, postponement or stopping of capacity auction
  35. 27Power to annul capacity auction
  36. 28Rearranged capacity auctions
  37. Chapter 5: DSR transitional auctions
  38. 29DSR transitional auctions
  39. Part 5: Capacity agreements, capacity market register and termination
  40. 30Capacity agreements
  41. 31Capacity market register
  42. 32Termination fee rates
  43. 33Termination of capacity agreements: Secretary of State’s discretion
  44. 34Termination of capacity agreements: CFDs and ROO conversions
  45. 35Null and void capacity agreements
  46. Part 6: Payments
  47. Chapter 1: General
  48. 36The settlement calculations
  49. 37Data default notices
  50. 38Invoices and credit notes: general
  51. Chapter 2: Calculations and determinations: capacity providers
  52. 39Determination of adjusted load-following capacity obligation, net output and adjusted net output
  53. 40Capacity payments
  54. 41Capacity provider penalty charges
  55. 42Over-delivery payments
  56. 43Termination fees
  57. Chapter 3: Calculations and determinations: electricity suppliers
  58. 44Settlement costs levy: the first levy period
  59. Chapter 4: Payment and non-payment
  60. 45General
  61. 46Payment of invoices and accruing interest
  62. 47The non-payment register
  63. 48Payment of credit notes
  64. 49Reducing capacity payments: unpaid capacity provider penalty charges
  65. 50Reducing capacity payments: failure to demonstrate satisfactory performance
  66. 51Withholding credit payments to capacity providers
  67. 52Payment of withheld credit
  68. Part 7: Credit cover
  69. Chapter 1: General
  70. 53Application of this Part and interpretation
  71. 54Credit cover: requirements
  72. 55Approval of credit cover
  73. 56Maintenance of credit cover
  74. 57Downgrade of letter of credit
  75. 58Release of credit cover
  76. Chapter 2: Applicant credit cover
  77. 59Requirement to provide applicant credit cover
  78. 60Credit obligation period
  79. 61Draw down of applicant credit cover
  80. 62Effect of non-compliance
  81. Part 8: Information
  82. 63Duties to provide information
  83. 64Limitation on duty to provide information
  84. 65Protection of information
  85. 66Disclosure of information under capacity market rules
  86. Part 9: Enforcement
  87. 67Relevant requirements
  88. Part 10: Dispute resolution and appeals
  89. Chapter 1: Delivery Body decisions
  90. 68Delivery body reviewable decisions
  91. 69Requesting reconsideration by the Delivery Body
  92. 70Appeals to the Authority
  93. 71Determination of appeal by the Authority
  94. 72Appeals to the court
  95. 73Consequences of successful review or appeal
  96. Chapter 2: Settlement Body decisions
  97. 74Disputes
  98. 75Disputes notice
  99. 76Determination of disputes
  100. Part 11: Capacity market rules
  101. 77Authority’s power to make capacity market rules
  102. 78Objectives
  103. 79Procedure
  104. Part 12: Other functions of the administrative parties
  105. 80Appointment of Settlement Body
  106. 81Review by Secretary of State
  107. 82Review of capacity market rules
  108. 83Annual operational reports
  109. 84Settlement Body’s annual report
  110. Part 13: Miscellaneous
  111. 85Restricted liability in damages
  112. 86Documents
  113. Part 14: Transitory provisions and repeal
  114. 87Transitory provisions: the first T-4 auction
  115. 88Repeal
  116. Signature
  117. Schedule 1: Settlement calculations
  118. 1Interpretation
  119. 2Weighting factor
  120. 3Capacity payments: calculations to be made annually for each capacity committed CMU
  121. 4Capacity payments: calculations to be made monthly for each capacity provider
  122. 5Capacity provider penalty charges: calculation of settlement period penalty applying to a capacity committed CMU
  123. 6Capacity provider penalty charges: calculation of monthly penalty charge for a capacity committed CMU
  124. 7Over-delivery payments
  125. 8Apportionment between capacity providers
  126. 9Settlement costs levy: the first levy period
  127. Schedule 2: Documents
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. 7Paragraph 7
  135. 8Paragraph 8
  136. Explanatory note