Regulation 79 Procedure

(1)

Before making capacity market rules the Authority must consult—

(a)

the Secretary of State;

(b)

the Delivery Body;

(c)

any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 89;

(d)

any person who is a capacity provider; and

(e)

such other persons as the Authority considers it appropriate to consult.

(2)

Paragraph (3) applies where any proposal to amend a provision of capacity market rules is made to the Authority by—

(a)

a person mentioned in paragraph (1)(a) to (d);

(b)

an applicant, or a person wishing to apply to bid in a capacity auction; or

(c)

a representative body representing persons mentioned in paragraph (1)(c) or (d) or any other class of persons which, in the Authority’s opinion, has a sufficient interest in the capacity market.

(3)

The Authority must—

(a)

consider the proposal; and

(b)

either—

(i)

consult in accordance with paragraph (1) on whether to make the proposed amendment; or

(ii)

publish its reasons for rejecting the proposal without consulting on it.