Paragraph 11 Consideration of reserve bids: multiple BPPA auctionI1

England, Wales and Scotland

(1)

Sub-paragraph (2) applies where an eligible generator which has entered into a BPPA with an OLR which has been selected under paragraph 9 or this paragraph gives notice which states that it—

(a)

is in accordance with the terms of the BPPA;

(b)

is given on the grounds that the OLR has committed a material breach of the BPPA; and

(c)

results in termination of the BPPA no more than 5 days after the date determined in accordance with the BPPA’s terms as being its date of its commencement.

(2)

The Authority must exclude from the list drawn up under paragraph 9(2)(b) any bid made by a licensed supplier which has already received a notice in respect of a BPPA under paragraph 9(5)(a) or sub-paragraph (4)(a).

(3)

The Authority must select from that list the successful reserve bidder for the BPPA as being the licensed supplier which—

(a)

by virtue of paragraph 10 is treated as a reserve bidder in respect of any bid made by the supplier; and

(b)

proposed an amount of management fee which is lower than any other amount which is then remaining on that list.

(4)

Within one day of receiving the notice under sub-paragraph (1), the Authority must give a notice to—

(a)

the licensed supplier which is selected under this paragraph, stating that the licensed supplier has been selected as the successful reserve bidder; and

(b)

the eligible generator, stating the name of that licensed supplier and enclosing the signed copies of the BPPA which the licensed supplier provided to the Authority in accordance with relevant supply licence conditions.

Annotations

Commencement

I1: Sch. para. 11 in force at 1.10.2015, see reg. 1(3)