Commission Regulation (EU) 2016/631Dangos y teitl llawn

TITLE III U.K. OPERATIONAL NOTIFICATION PROCEDURE FOR CONNECTION

CHAPTER 1 U.K. Connection of new power-generating modules

Article 29 U.K. General provisions

1. The power-generating facility owner shall demonstrate to the relevant system operator that it has complied with the requirements set out in Title II of this Regulation by completing successfully the operational notification procedure for connection of each power-generating module described in Articles 30 to 37.

2. The relevant system operator shall clarify and make publicly available the details of the operational notification procedure.

Article 30 U.K. Operational notification of type A power-generating modules

1. The operational notification procedure for connection of each new type A power-generating module shall consist of submitting an installation document. The power-generating facility owner shall ensure that the required information is filled in on an installation document obtained from the relevant system operator and is submitted to the system operator. Separate installation documents shall be provided for each power-generating module within the power-generating facility.

The relevant system operator shall ensure that the required information can be submitted by third parties on behalf of the power-generating facility owner.

2. The relevant system operator shall specify the content of the installation document, which shall have at least the following information:

(a) the location at which the connection is made;

(b) the date of the connection;

(c) the maximum capacity of the installation in kW;

(d) the type of primary energy source;

(e) the classification of the power-generating module as an emerging technology according to Title VI of this Regulation;

(f) reference to equipment certificates issued by an authorised certifier used for equipment that is in the site installation;

(g) as regards equipment used, for which an equipment certificate has not been received, information shall be provided as directed by the relevant system operator; and

(h) the contact details of the power-generating facility owner and the installer and their signatures.

3. The power-generating facility owner shall ensure that the relevant system operator or the [F1 regulatory authority] is notified about the permanent decommissioning of a power-generating module F2 ....

The relevant system operator shall ensure that such notification can be made by third parties, including aggregators.

Textual Amendments

F1 Words in Art. 30(3) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 20(a)

F2 Words in Art. 30(3) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 20(b)

Article 31 U.K. Operational notification of type B, C and D power-generating modules

The operational notification procedure for connection of each new type B, C and D power-generating module shall allow the use of equipment certificates issued by an authorised certifier.

Article 32 U.K. Procedure for type B and C power-generating modules

1. For the purpose of operational notification for connection of each new type B and C power-generating module, a power-generating module document (‘PGMD’) shall be provided by the power-generating facility owner to the relevant system operator and shall include a statement of compliance.

For each power-generating module within the power-generating facility, separate independent PGMDs shall be provided.

2. The format of the PGMD and the information to be given therein shall be specified by the relevant system operator. The relevant system operator shall have the right to request that the power-generating facility owner include the following in the PGMD:

(a) evidence of an agreement on the protection and control settings relevant to the connection point between the relevant system operator and the power-generating facility owner;

(b) itemised statement of compliance;

(c) detailed technical data of the power-generating module with relevance to the grid connection as specified by the relevant system operator;

(d) equipment certificates issued by an authorised certifier in respect of power-generating modules, where these are relied upon as part of the evidence of compliance;

(e) for Type C power-generating modules, simulation models pursuant to point (c) of Article 15(6);

(f) compliance test reports demonstrating steady-state and dynamic performance as required by Chapters 2, 3 and 4 of Title IV, including use of actual measured values during testing, to the level of detail required by the relevant system operator; and

(g) studies demonstrating steady-state and dynamic performance as required by Chapters 5, 6 or 7 of Title IV, to the level of detail required by the relevant system operator.

3. The relevant system operator, on acceptance of a complete and adequate PGMD, shall issue a final operational notification to the power-generating facility owner.

4. The power-generating facility owner shall notify the relevant system operator or the [F3 regulatory authority] about the permanent decommissioning of a power-generating module F4 ....

5. Where applicable, the relevant system operator shall ensure that the commissioning and decommissioning of Type B and Type C power-generating modules can be notified electronically.

6. [F5 The regulatory authority] may provide that the PGMD shall be issued by an authorised certifier.

Textual Amendments

F3 Words in Art. 32(4) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 21(2)(a)

F4 Words in Art. 32(4) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 21(2)(b)

F5 Words in Art. 32(6) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 21(3)

Article 33 U.K. Procedure for type D power-generating modules

The operational notification procedure for connection of each new type D power-generating module shall comprise:

(a)

energisation operational notification (‘EON’);

(b)

interim operational notification (‘ION’); and

(c)

final operational notification (‘FON’).

Article 34 U.K. Energisation operational notification for type D power-generating modules

1. An EON shall entitle the power-generating facility owner to energise its internal network and auxiliaries for the power-generating modules by using the grid connection that is specified for the connection point.

2. An EON shall be issued by the relevant system operator, subject to completion of preparations including agreement on the protection and control settings relevant to the connection point between the relevant system operator and the power-generating facility owner.

Article 35 U.K. Interim operational notification for type D power-generating modules

1. An ION shall entitle the power-generating facility owner to operate the power-generating module and generate power by using the grid connection for a limited period of time.

2. An ION shall be issued by the relevant system operator, subject to completion of the data and study review process as required by this Article.

3. With regard to the data and study review, the relevant system operator shall have the right to request that the power-generating facility owner provide the following:

(a) itemised statement of compliance;

(b) detailed technical data on the power-generating module of relevance to the grid connection as specified by the relevant system operator;

(c) equipment certificates issued by an authorised certifier in respect of power-generating modules, where they are relied upon as part of the evidence of compliance;

(d) simulation models, as specified by point (c) of Article 15(6) and required by the relevant system operator;

(e) studies demonstrating the expected steady-state and dynamic performance as required by Chapter 5, 6 or 7 of Title IV; and

(f) details of intended compliance tests in accordance with Chapters 2, 3 and 4 of Title IV.

4. The maximum period during which the power-generating facility owner may maintain ION status shall be 24 months. The relevant system operator is entitled to specify a shorter ION validity period. An extension of the ION shall be granted only if the power-generating facility owner has made substantial progress towards full compliance. Outstanding issues shall be clearly identified at the time of requesting extension.

5. An extension of the period during which the power-generating facility owner may maintain ION status, beyond the period established in paragraph 4, may be granted if a request for a derogation is made to the relevant system operator before the expiry of that period in accordance with the derogation procedure laid down in Article 60.

Article 36 U.K. Final operational notification for type D power-generating modules

1. A FON shall entitle the power-generating facility owner to operate a power-generating module by using the grid connection.

2. A FON shall be issued by the relevant system operator, upon prior removal of all incompatibilities identified for the purpose of ION status and subject to completion of the data and study review process as required by this Article.

3. For the purposes of the data and study review, the power-generating facility owner must submit the following to the relevant system operator:

(a) an itemised statement of compliance; and

(b) an update of applicable technical data, simulation models and studies as referred to in points (b), (d) and (e) of Article 35(3), including the use of actual measured values during testing.

4. If incompatibility is identified in connection with the issuing of the FON, a derogation may be granted upon a request made to the relevant system operator, in accordance with the derogation procedure described in Title V. A FON shall be issued by the relevant system operator if the power-generating module complies with the provisions of the derogation.

Where a request for a derogation is rejected, the relevant system operator shall have the right to refuse to allow the operation of the power-generating module until the power-generating facility owner and the relevant system operator resolve the incompatibility and the relevant system operator considers that the power-generating module complies with the provisions of this Regulation.

If the relevant system operator and the power-generating facility owner do not resolve the incompatibility within a reasonable time frame, but in any case not later than six months after the notification of the rejection of the request for a derogation, each party may refer the issue for decision to the regulatory authority.

Article 37 U.K. Limited operational notification for type D power-generating modules

1. Power-generating facility owners to whom a FON has been granted shall inform the relevant system operator immediately in the following circumstances:

(a) the facility is temporarily subject to either significant modification or loss of capability affecting its performance; or

(b) equipment failure leading to non-compliance with some relevant requirements.

2. The power-generating facility owner shall apply to the relevant system operator for a LON, if the power-generating facility owner reasonably expects the circumstances described in paragraph 1 to persist for more than three months.

3. A LON shall be issued by the relevant system operator and shall contain the following information which shall be clearly identifiable:

(a) the unresolved issues justifying the granting of the LON;

(b) the responsibilities and timescales for the expected solution; and

(c) a maximum period of validity which shall not exceed 12 months. The initial period granted may be shorter with the possibility of an extension if evidence is submitted to the satisfaction of the relevant system operator demonstrating that substantial progress has been made towards achieving full compliance.

4. The FON shall be suspended during the period of validity of the LON with regard to the items for which the LON has been issued.

5. A further extension of the period of validity of the LON may be granted upon a request for a derogation made to the relevant system operator before the expiry of that period, in accordance with the derogation procedure described in Title V.

6. The relevant system operator shall have the right to refuse to allow the operation of the power-generating module, once the LON is no longer valid. In such cases, the FON shall automatically become invalid.

7. If the relevant system operator does not grant an extension of the period of validity of the LON in accordance with paragraph 5 or if it refuses to allow the operation of the power-generating module once the LON is no longer valid in accordance with paragraph 6, the power-generating facility owner may refer the issue for decision to the regulatory authority within six months after the notification of the decision of the relevant system operator.

CHAPTER 2 U.K. Cost-benefit analysis

Article 38 U.K. Identification of costs and benefits of application of requirements to existing power-generating modules

1. Prior to the application of any requirement set out in this Regulation to existing power-generating modules in accordance with Article 4(3), the relevant TSO shall undertake a qualitative comparison of costs and benefits related to the requirement under consideration. This comparison shall take into account available network-based or market-based alternatives. The relevant TSO may only proceed to undertake a quantitative cost-benefit analysis in accordance with paragraphs 2 to 5, if the qualitative comparison indicates that the likely benefits exceed the likely costs. If, however, the cost is deemed high or the benefit is deemed low, then the relevant TSO shall not proceed further.

2. Following a preparatory stage undertaken in accordance with paragraph 1, the relevant TSO shall carry out a quantitative cost-benefit analysis of any requirement under consideration for application to existing power-generating modules that have demonstrated potential benefits as a result of the preparatory stage according to paragraph 1.

3. Within three months of concluding the cost-benefit analysis, the relevant TSO shall summarise the findings in a report which shall:

(a) include the cost-benefit analysis and a recommendation on how to proceed;

(b) include a proposal for a transitional period for applying the requirement to existing power-generating modules. That transitional period shall not be more than two years from the date of the decision of the regulatory authority F6 ... on the requirement's applicability;

(c) be subject to public consultation in accordance with Article 10.

4. No later than six months after the end of the public consultation, the relevant TSO shall prepare a report explaining the outcome of the consultation and making a proposal on the applicability of the requirement under consideration to existing power-generating modules. The report and proposal shall be notified to the regulatory authority F7 ... and the power-generating facility owner or, where applicable, third party shall be informed on its content.

5. The proposal made by the relevant TSO to the regulatory authority F8 ... pursuant to paragraph 4 shall include the following:

(a) an operational notification procedure for demonstrating the implementation of the requirements by the existing power-generating facility owner;

(b) a transitional period for implementing the requirements which shall take into account the category of the power-generating module as specified in Article 5(2) and Article 23(3) and any underlying obstacles to the efficient implementation of the equipment modification/refitting.

Textual Amendments

F6 Words in Art. 38(3)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 22(2)

F7 Words in Art. 38(4) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 22(3)

F8 Words in Art. 38(5) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 22(4)

Article 39 U.K. Principles of cost-benefit analysis

1. Power-generating facility owners and DSOs including CDSOs shall assist and contribute to the cost-benefit analysis undertaken according to Articles 38 and 63 and provide the necessary data as requested by the relevant system operator or relevant TSO within three months of receiving a request, unless agreed otherwise by the relevant TSO. For the preparation of a cost-benefit-analysis by a power-generating facility owner, or prospective owner, assessing a potential derogation pursuant to Article 62, the relevant TSO and DSO, including CDSO, shall assist and contribute to the cost-benefit analysis and provide the necessary data as requested by the power-generating facility owner, or the prospective owner, within three months of receiving a request, unless agreed otherwise by the power-generating facility owner or the prospective owner.

2. A cost-benefit analysis shall be in line with the following principles:

(a) the relevant TSO, relevant system operator, power-generating facility owner or prospective owner shall base its cost-benefit analysis on one or more of the following calculating principles:

(i)

the net present value;

(ii)

the return on investment;

(iii)

the rate of return;

(iv)

the time needed to break even;

(b) the relevant TSO, relevant system operator, power-generating facility owner or prospective owner shall also quantify socioeconomic benefits in terms of improvement in security of supply and shall include at least:

(i)

the associated reduction in probability of loss of supply over the lifetime of the modification;

(ii)

the probable extent and duration of such loss of supply;

(iii)

the societal cost per hour of such loss of supply;

(c) the relevant TSO, relevant system operator, power-generating facility owner or prospective owner shall quantify the benefits to [F9 electricity markets], cross-border trade and integration of renewable energies, including at least:

(i)

the active power frequency response;

(ii)

the balancing reserves;

(iii)

the reactive power provision;

(iv)

congestion management;

(v)

defence measures;

(d) the relevant TSO shall quantify the costs of applying the necessary rules to existing power-generating modules, including at least:

(i)

the direct costs incurred in implementing a requirement;

(ii)

the costs associated with attributable loss of opportunity;

(iii)

the costs associated with resulting changes in maintenance and operation.

Textual Amendments

F9 Words in Art. 39(2)(c) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 1 para. 23