The Electricity Capacity (Amendment) Regulations 2016

Regulation 42 (over-delivery payments)

26.  For regulation 42 substitute—

“Over-delivery payments

42.— (1) A person (“P”) is entitled to receive from the Settlement Body an over-delivery payment in respect of a delivery year (“year X”) if—

(a) any capacity committed CMU (“CMU i”) for which P was the capacity provider over-delivered in any relevant settlement period in year X; or

(b) P has made a qualifying delivery in any such settlement period.

(2) For the purposes of this regulation—

(a) CMU i over-delivers in a relevant settlement period j if AE_ij is greater than ALFCO_ij in that settlement period;

(b) P makes a qualifying delivery in a relevant settlement period j if—

(i) P was a qualified person (but not a capacity provider) in respect of a CMU (“CMU i”) during that period, and

(ii) in that period, AE_ij is greater than zero;

(c) a “qualified person” is a person who—

(i) has registered with the delivery body under capacity market rules in respect of a CMU for the purpose of participating in volume reallocation, and

(ii) is an “acceptable transferee” within the meaning of capacity market rules; and

(d) “volume reallocation” has the meaning given in regulation 39(5).

(3) The Settlement Body must, by not later than the 28^th working day after the end of year X—

(a) determine the amount, if any, of the payments payable to each person under this regulation in respect of year X; and

(b) issue to each person who is entitled to such a payment a credit note for the amount determined for it.

(4) The amount payable to P under paragraph (3)(a) is the sum of—

(a) TODP_ix, as calculated in accordance with paragraph 7 of Schedule 1, for each CMU—

(i) for which P was registered on the capacity market register as the capacity provider for the whole of year X, or

(ii) in respect of which P was a qualified person for the whole of year X; and

(b) P’s proportion of TODP_ix, as calculated in accordance with paragraphs 7 and 8 of Schedule 1, for each CMU—

(i) for which P was registered on the capacity market register as the capacity provider for part of year X, or

(ii) in respect of which P was a qualified person for part of year X.”.