ElectricityS
9.—(1) In the case of electricity, these Regulations apply to the following activities—
(a)the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity;
(b)the supply of electricity to such networks.
(2) The supply, by a utility other than one which is a contracting authority, of electricity to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—
(a)the production of electricity by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in paragraph (1) or regulations 8 (gas and heat), 10 (water) or 11 (transport services); and
(b)the supply to the public network depends only on that utility’s own consumption and has not exceeded 30% of that utility’s total production of energy, calculated on the basis of the average for the preceding 3 years, including the current year.