Regulation 50 Reducing capacity payments: failure to demonstrate satisfactory performanceC1
This regulation applies in relation to a capacity committed CMU (“CMU i”) and a delivery year (“year X”) if—
a satisfactory performance requirement applies in respect of CMU i in year X; and
the requirement has not been met by 30th April in year X.
If, by the end of a relevant month, the capacity provider in respect of CMU i (“C”) has not complied with the satisfactory performance requirement, no monthly capacity payment is to be paid in respect of CMU i for that month.
If C complies with the satisfactory performance requirement during May in year X, no monthly capacity payment is to be paid in respect of CMU i for that month.
If C complies with the satisfactory performance requirement during a relevant month F2other than May, the Settlement Body must ensure that the credit which would otherwise be payable to C in respect of the monthly capacity payment for CMU i for that month is reduced by the proportion , where—
A is the number of days in the relevant month before the day on which C complies with the satisfactory performance requirement; and
B is the number of days in the relevant month.
If C has not complied with the satisfactory performance requirement by the end of year X—
C must repay to the Settlement Body all capacity payments made in respect of CMU i and year X F3less the total amount of any capacity provider penalty charges that C has paid in respect of CMU i and year X; and
the Settlement Body must, as soon as reasonably practicable after the end of year X, issue an invoice to C for the amount F4due under sub-paragraph (a).
The Settlement Body must—
if paragraph (2) F5or paragraph (2A) applies, give a notice to C which states that no monthly capacity payment is to be paid in respect of CMU i for the relevant month, and states the reason;
if paragraph (3) applies, ensure that the credit note issued to C for the relevant month states the amount by which the credit is reduced, and states the reason;
if paragraph (4) applies, ensure that the invoice issued to C under paragraph (4)(b) states the reason for the issue of the invoice.
In this regulation—
F6“extended performance” has the meaning given in the Rules;
“relevant month” means May, June, July, August or September in year X;
“satisfactory performance day” has the meaning given in the Rules;
“satisfactory performance requirement” means a requirement in capacity market rules for a capacity provider to demonstrate satisfactory performance days F7or extend performance during a satisfactory performance day in respect of a capacity committed CMU.
Annotations
Textual amendments
- F1
Reg. 50(2A) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(a)
- F2
Words in reg. 50(3) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(b)
- F3
Words in reg. 50(4)(a) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 57(a)
- F4
Words in reg. 50(4)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 57(b)
- F5
Words in reg. 50(5)(a) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(c)
- F6
Words in reg. 50(6) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 8(a)
- F7
Words in reg. 50(6) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 8(b)
Modifications
- C1
Reg. 50 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 3