xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

TITLE IXU.K. DEROGATIONS AND MONITORING

Article 62U.K.Derogations

1.[F1The regulatory authority] may, at the request of a TSO or at its own initiative, grant the relevant TSOs a derogation from one or more provisions of this Regulation in accordance with paragraphs 2 to 12.

2.A TSO may request a derogation from the following requirements:

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the [F3application] of the imbalance settlement period in Article 53(1);

(e)the implementation of the requirements pursuant to Articles 45, 46, 47, 48, 49, F4... 54, 55, 56 and 57.

3.The derogation process shall be transparent, non-discriminatory, non-biased, well documented and based on a reasoned request.

4.TSOs shall file a written request for derogation to the F5... regulatory authority at the latest six months prior to the day of application of the provisions from which the derogation is requested.

5.The request for derogation shall include the following information:

(a)the provisions from which a derogation is requested;

(b)the requested derogation period;

(c)a detailed plan and timeline specifying how to address and ensure the implementation of the concerned provisions of this Regulation after expiration of the derogation period;

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.The F7... regulatory authority shall adopt a decision concerning any request for derogation within six months from the day after it receives the request. That time limit may be extended by three months before its expiry where the F7... regulatory authority requires further information from the TSO requesting the derogation. The additional period shall begin when the complete information has been received.

7.The TSO requesting the derogation shall submit any additional information requested by the F8... regulatory authority within two months of such request. If the TSO does not supply the requested information within that time limit, the request for a derogation shall be deemed withdrawn unless, before its expiry, alternatively:

(a)the F8... regulatory authority decides to provide an extension;

(b)the TSO informs the F8... regulatory authority by means of a reasoned submission that the request for a derogation is complete.

8.When assessing the request for derogation or before granting a derogation at its own initiative, the F9... regulatory authority shall consider the following aspects:

(a)the difficulties related to the implementation of the concerned provision or provisions;

(b)the risks and the implications of the concerned provision or provisions, in terms of operational security;

(c)the actions taken to facilitate the implementation of the concerned provision or provisions;

(d)the impacts of non-implementation of the concerned provision or provisions, in terms of non-discrimination and competition with other F10... market participants, in particular as regards demand response and renewable energy sources;

(e)the impacts on overall economic efficiency and smart grid infrastructure;

F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.The F12... regulatory authority shall issue a reasoned decision concerning a request for a derogation or a derogation granted at its own initiative. Where the F12... regulatory authority grants a derogation, it shall specify its duration. The derogation may be granted only once and for a maximum period of two years, except for the [F13derogation in paragraph 2(d)] which may be granted until 1 January 2025.

10.[F14The regulatory authority shall notify its decision to the TSO and the Secretary of State.] The decision shall also be published on its website.

11.The [F15regulatory authority] shall maintain a register of all derogations they have granted or refused and shall provide the [F16Secretary of State] with an updated and consolidated register at least once every six months F17....

12.The register shall contain, in particular:

(a)the provisions from which the derogation is granted or refused;

(b)the content of the derogation;

(c)the reasons for granting or refusing the derogation;

(d)the consequences resulting from granting the derogation.

Textual Amendments