Regulation 16 Installation operating below normal levels: banding

(1)

This regulation applies where, in a particular year for which an annual closure payment is sought, an installation’s operating level was less than two-thirds of what is normal, for example, because the installation was temporarily out of operation for part of that year.

(2)

In considering what is normal, regard must be had to operating levels reflected in the load factor calculated in accordance with regulation 12.

(3)

Where operating levels were—

(a)

between more than one-third and up to two-thirds of normal, the installation is in Band B,

(b)

between more than 5% and up to one-third of normal, the installation is in Band C,

(c)

5% or less of normal, the installation is in Band D.

(4)

In the calculation of the annual closure payment for installations in—

(a)

Band B, load factor is reduced to two-thirds,

(b)

Band C, load factor is reduced to one-third,

(c)

Band D, load factor is reduced to 5%.