Regulation 9 Circumstances before issue of OLR notice in which no BPPA is to be entered intoI1
England, Wales and Scotland
Paragraph (3) applies in respect of an electricity generator where, at any time after notice of the expression of interest is given to licensed suppliers under regulation 5(3) but before an OLR notice is issued—
the Authority is notified by the electricity generator that it withdraws its expression of interest;
the Authority does not receive the electricity generator’s statement of confirmation within the 10-day period which starts with the first day following the day on which the Authority receives the electricity generator’s expression of interest; or
a notice requesting further project information is given to the electricity generator under regulation 6(5) and the Authority does not receive the information specified in that notice within the 5-day period which starts with the date on which the notice is given.
Paragraph (3) also applies where the Authority’s determination under regulation 6(1) is that the eligibility requirements are not met in respect of the electricity generator.
Where this paragraph applies in respect of an electricity generator, the Authority—
must give a notice to the generator stating that no BPPA is to be entered into in respect of the generator and the reasons for its decision;
must inform all licensed suppliers that no BPPA is to be entered into in respect of the generator; and
must not otherwise take any further step under this Part.
The Authority must take the steps required by paragraph (3)(a) and (b) as soon reasonably practicable after the duty to take the steps arises.