The Electricity Capacity (Amendment) Regulations 2016

Regulation 61 (draw down of applicant credit cover)

7.  In regulation 61(1), after paragraph (4) insert—

“(5) If applicant credit cover relates to a supplementary auction—

(a) paragraph (1) is to be read as if for sub-paragraph (b) there were substituted—

“(b) where CMU i is a distribution CMU in respect of which regulation 60(1)(g)(ii) applies, the credit obligation period has not ended by the date falling 6 months prior to the commencement of the delivery year of A’s capacity agreement in respect of CMU i;

(ba) where CMU i is a prospective generating CMU or a prospective interconnector CMU, the credit obligation period has not ended by the date falling 3 months after the date on which A was awarded a capacity agreement in respect of CMU i;”; and

(b) this regulation has effect as if the following paragraphs were inserted after paragraph (1)—

“(1A) If paragraph (1)(b) applies but the date by which a copy of a distribution connection agreement is required by capacity market rules to be provided in respect of CMU i is extended under regulation 33(2)(b), the date in paragraph (1)(b) is extended to the date to which the requirement is extended.

(1B) If paragraph (1)(ba) applies but the date by which a financial commitment milestone is required by capacity market rules to be met in respect of CMU i is extended under regulation 33(2)(b), the date in paragraph (1)(ba) is extended to the date to which that requirement is extended.”.”

(1)

Regulation 61 is also amended by paragraph 19 of this Schedule.