Regulation 18 Excluded capacity: long term STOR CMUs

(1)

The Delivery Body must not prequalify a CMU (“CMU i”) that is the subject of a relevant STOR contract unless the applicant has provided to it, by the close of the prequalification window, a withdrawal declaration.

(2)

In this regulation, “relevant STOR contract” means a contract entered into pursuant to a tender by the national system operator for short term operating reserve—

(a)

between the national system operator and a person responsible for CMU i;

(b)

which relates to CMU i, or to one or more generating units or demand side response CMU components comprised in CMU i; and

(c)

where—

(i)

the contract is entered into before the date on which this regulation comes into force; and

(ii)

the expiry date of the contract is after the start of that delivery year.

(3)

For the purposes of paragraph (2), a contract for short term operating reserve—

(a)

is entered into on the date on which the national system operator notifies its acceptance of a tender; and

(b)

expires on the date specified in or determined in accordance with the contract.

(4)

In paragraph (1), a “withdrawal declaration” means a declaration in writing by an applicant that, if the applicant is awarded a capacity obligation for CMU i, it will offer to the national system operator to withdraw from or terminate the relevant STOR contract with effect from a date no later than the start of the delivery period.