Paragraph 57 Regulation 50 (reducing capacity payments: failure to demonstrate satisfactory performance)
In regulation 50—
(a)
in paragraph (4)(a), after “year X” insert “less the total amount of any capacity provider penalty charges that C has paid in respect of CMU i and year X”; and
(b)
in paragraph (4)(b), for “of those capacity payments” substitute “due under sub-paragraph (a)”.