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PART 4E+W+SCapacity auctions

CHAPTER 1E+W+SDetermining whether capacity auction is to be held

Determining whether capacity auction is to be heldE+W+S

10.—(1) The Secretary of State must determine—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)by [F215th June in each year]—

(i)whether a T-4 auction is to be held; and

(ii)whether a T-1 auction is to be held,

in the auction window starting on 1st September in that year.

[F3(1A) Paragraphs (2), (3) and (4) apply in relation to the determination required by regulation 10(1)(c)(ii).]

(2) The Secretary of State must, under paragraph (1)(c)(ii), determine that a T-1 auction is to be held, except where paragraph (3) or (4) applies.

(3) The Secretary of State may determine that a T-1 auction is not to be held if the electricity capacity report for the year in which the determination is to be made contains a forecast that no DSR providers will apply to bid in such an auction.

(4) The Secretary of State must determine that a T-1 auction is not to be held for a delivery year if no T-4 auction was held for that delivery year.

[F4(5) Where a determination in paragraph (1)(c) is that an auction is not to be held or that neither auction is to be held, the Secretary of State must, as soon as reasonably practicable after making it, publish such a determination under paragraph (1)].

(6) A determination that a capacity auction is to be held is subject to regulation 26.

Textual Amendments

CHAPTER 2E+W+SAuction parameters

Meaning of auction parametersE+W+S

11.—(1) “Auction parameters”, in relation to a capacity auction, means, subject to paragraph (2), such of the following as are determined by the Secretary of State for that capacity auction under regulation 12 or 29(8)—

(a)the demand curve;

(b)the [F5auction] target capacity;

(c)the price cap;

(d)the price-taker threshold;

(e)the 15 year minimum £/kW threshold and 3 year minimum £/kW threshold;

(f)the base period applicable for the purpose of calculation of capacity payments;

F6(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)in relation to a DSR transitional auction, the parameter specified in regulation 29(8).

(2) If any of the parameters referred to in paragraph (1) for a capacity auction have been adjusted in accordance with these Regulations or capacity market rules, references to the auction parameters for that capacity auction are to the parameters as so adjusted.

(3) In paragraph (1)—

“15 year minimum £/kW threshold” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a generating CMU [F7or an unproven demand side response CMU] to be eligible to bid for a capacity obligation for a period of more than 3 and up to 15 delivery years;

“3 year minimum £/kW threshold” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a generating CMU [F8or an unproven demand side response CMU] to be eligible to bid for a capacity obligation for a period of 2 or 3 delivery years;

[F9“auction target capacity” means, in respect of a capacity auction, the portion of the target capacity in relation to the capacity year corresponding to the delivery year for which the capacity auction is to be held which should be used for that capacity auction.]

F10...

Textual Amendments

Determination of auction parameters by the Secretary of StateE+W+S

12.—(1) For each capacity auction, the Secretary of State must determine each of the auction parameters referred to in sub-paragraphs (a) to (d) of regulation 11(1).

(2) For each T-4 auction, the Secretary of State must also—

(a)determine the auction parameters referred to in sub-paragraphs (e) and (f) of regulation 11(1); and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(2A) When determining under paragraph (1) the auction parameter referred to in regulation 11(1)(b) (auction target capacity) in respect of a T-4 auction and the delivery year for which that T-4 auction is to be held (“delivery year x”), the Secretary of State must—

(a)determine the target capacity for the capacity year corresponding to delivery year x;

(b)determine the target capacity for the capacity year corresponding to delivery year x that should be set aside for the T-1 auction for delivery year x (“the T-1 auction set aside”) in accordance with paragraph (2B); and

(c)deduct the T-1 auction set aside from the target capacity for the capacity year corresponding to delivery year x.

(2B) For the purposes of paragraph (2A)(b), the Secretary of State must determine the T-1 auction set aside by applying a 95% confidence interval around the target capacity for the capacity year corresponding to delivery year x.

(2C) For each T-1 auction, where the delivery year corresponds with delivery year x, the Secretary of State must determine the auction parameter referred to in regulation 11(1)(b) (auction target capacity) to be an amount equal to or greater than 50% of the T-1 auction set aside if previously determined under paragraph (2A)(b) for the T-1 auction for delivery year x.]

(3) The determinations under paragraphs (1) and (2) are subject to any adjustments which may be made under regulations 13 and 28.

(4) The Secretary of State must—

(a)make the determinations under paragraph (1) and, if applicable, paragraph (2), and give notice of them to the Delivery Body as soon as reasonably practicable after publishing a decision to hold a capacity auction; and

(b)publish the determinations.

(5) In making the determinations under paragraphs (1) and (2), the Secretary of State must take into account—

(a)the electricity capacity report [F13(including any annex prepared under regulation 7(6) [F14or (8)])];

(b)the reliability standard; and

(c)the matters specified in section 5(2) of the Act.

[F15(6) If the auction target capacity determined by the Secretary of State for a T-1 auction or a T-4 auction is different from a recommendation in the electricity capacity report as to the portion of the target capacity that should be used in that capacity auction, the determination must include an explanation of—

(a)the Secretary of State’s reasons for not following that recommendation; and

(b)the basis upon which the Secretary of State has made the determination.]

[F16(7) In this regulation—

“the 95% confidence interval” means the range of values within which the target capacity for a capacity year may be expected to lie with a 0.95 level of probability;

“auction target capacity” has the meaning given in regulation 11(3).]

Textual Amendments

Adjustment of auction parameters following prequalificationE+W+S

13.—(1) [F17Subject to paragraph (1A),] after the Secretary of State receives a notification from the Delivery Body under regulation 23, the Secretary of State may decide to adjust any of the auction parameters for the capacity auction to which the notification relates.

[F18(1A) If the Secretary of State adjusts the auction parameter referred to in regulation 11(1)(b) (auction target capacity) for a T-1 auction, that auction target capacity must remain equal to or greater than 50% of the T-1 auction set aside if previously determined under regulation 12(2A)(b) for that T-1 auction and delivery year.]

(2) The Secretary of State must make any decision under paragraph (1), and give notice of any adjustments to the Delivery Body, within [F1910] working days after receiving the notification from the Delivery Body.

[F20(3) In this regulation, “the T-1 auction set aside” has the meaning given in regulation 12(2A)(b).]

Textual Amendments

CHAPTER 3E+W+SEligibility criteria and prequalification

Eligibility to bid in capacity auctionsE+W+S

14.—(1) [F21Subject to paragraph (3), an applicant] is eligible to bid in a capacity auction in respect of a CMU if—

(a)the CMU has prequalified for the capacity auction; and

(b)the applicant is the person who applied for its prequalification under capacity market rules.

(2) A CMU has prequalified for a capacity auction if, by 11 working days before the start of the capacity auction—

(a)the Delivery Body has determined under capacity market rules, or under Chapter 1 of Part 10 (dispute resolution and appeals), that the CMU has prequalified; or

(b)the Delivery Body has registered the CMU on the capacity market register as a prequalified CMU in accordance with a direction of the Authority or the court under Chapter 1 of Part 10.

[F22(3) In respect of an interconnector CMU, an applicant is not eligible to bid in a capacity auction [F23(other than a supplementary auction)] held for a delivery year commencing before 2019.]

Textual Amendments

General eligibility criteriaE+W+S

15.—(1) The Delivery Body must not prequalify a CMU for a capacity auction unless it meets the general eligibility criteria.

(2) The general eligibility criteria for a CMU are the conditions specified in paragraphs (3) to (5).

(3) The first condition is that the CMU is in Great Britain or the offshore area.

[F24(4) The second condition is—

(a)in the case of a generating CMU or an interconnector CMU, that the connection capacity of the CMU is equal to or greater than [F251MW] (the “minimum capacity threshold”); or

(b)in the case of a demand side response CMU, that the DSR capacity of the CMU is equal to or greater than the minimum capacity threshold.]

(5) The third condition is that the CMU is not [F26a] CMU which, by virtue of regulations 16 [F27and 17], the Delivery Body must not prequalify for a capacity auction.

Textual Amendments

Excluded capacity: low carbon support scheme CMUsE+W+S

16.—(1) The Delivery Body must not prequalify a CMU (“CMU i”) in respect of which—

(a)if CMU i is accredited under the FIT Order, the RHI Regulations or the ROO, the applicant does not provide a non-support confirmation by the close of the prequalification window; or

(b)if an application (which is not determined) for a low carbon exclusion has been made in respect of CMU i for any of the delivery period, the applicant does not provide a withdrawal confirmation by the close of the prequalification window.

(2) The Delivery Body must not prequalify CMU i if CMU i is subject to a CFD which applies for any of the delivery period.

(3) The Delivery Body may request an applicant or the CFD counterparty to provide it with such information as it may require for the purposes of paragraphs (1) and (2), and the applicant or CFD counterparty must, to the extent that it holds the information, comply with such a request as soon as reasonably practicable.

(4) In this regulation—

“co-firing CMU” means a generating CMU consisting of one or more generating units which have, in any month after March 2013, generated electricity in the way described in Schedule 2 to the ROO M1 as “co-firing of regular bioliquid”, “low-range co-firing”, “mid-range co-firing”, “high-range co-firing” or “unit conversion”;

“the FIT Order” means the Feed-in Tariffs Order 2012 M2;

“low carbon exclusion” means—

(a)

an accreditation under—

(i)

the FIT Order;

(ii)

the RHI Regulations; or

(iii)

the ROO; or

(b)

a CFD;

“non-support confirmation” means a declaration in writing to the Delivery Body from an applicant—

(a)

that the period for which relevant support may be paid or issued under the FIT Order, the RHI Regulations or the ROO in respect of CMU i will have expired before the start of the delivery period; or

(b)

that—

(i)

CMU i is a co-firing CMU; and

(ii)

if the applicant is awarded a capacity obligation in respect of CMU i, the applicant will not, except in accordance with regulation 34, seek to obtain relevant support in respect of CMU i for any of the delivery period;

“relevant support” means—

(a)

a FIT payment within the meaning referred to in the FIT Order;

(b)

a periodic support payment within the meaning of the RHI Regulations; or

(c)

a ROC;

“the RHI Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 M3;

“withdrawal confirmation” means a notice to the Delivery Body from the applicant in respect of CMU i that the applicant has withdrawn its application for a low carbon exclusion in respect of that CMU.

Marginal Citations

M1The definitions of “co-firing of regular bioliquid”, “low-range co-firing”, “mid-range co-firing”, “high-range co-firing” and “unit conversion” were inserted into Schedule 2 to S.I. 2009/785 by S.I. 2013/768, and were inserted into Schedule 2 to S.S.I. 2009/140 by S.S.I. 2013/116.

Excluded capacity: NER 300 and CCS grant scheme CMUsE+W+S

17.—(1) The Delivery Body must not prequalify a CMU (“CMU i”) unless the applicant has provided to it, by the close of the prequalification window, a declaration in writing that no relevant grant has been, or will be, paid in respect of CMU i.

(2) In this regulation—

[F28“carbon capture and storage technology” has the meaning given in section 7(3) of the Energy Act 2010;]

[F29“relevant grant” means a grant—

(a)

under a relevant scheme;

(b)

the first payment of which is made, or to be made, within the period of 10 years immediately before the commencement of the delivery period; and

(c)

which is made for purposes other than—

(i)

carrying out activities of research and development in relation to the design and use of carbon capture and storage technology in respect of CMU i; or

(ii)

assessing the feasibility of the use of carbon capture and storage technology in respect of CMU i]

“relevant scheme” means a scheme of financial assistance provided under—

(a)

NER 300;

(b)

section 1(1) of the Energy Act 2010 M4 in respect of a CCS demonstration project within the meaning of that section; or

(c)

section 5(1) of the Science and Technology Act 1965 M5 to support carbon capture and storage.

(3) In paragraph (2), “NER 300” means the competition established under Article 10a(8) of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC M6.

Textual Amendments

Marginal Citations

M51965 c.4. Section 5(1) has been amended by S.I. 1971/719, S.I. 1992/1296, S.I. 1995/2785 and S.I. 1995/2985. Other amendments have been made to section 5 which are not relevant.

M6OJ L 275, 25.10.2003, p.32. Aspects of NER 300 are implemented by Commission Decision 2010/670/EU (OJ L 290, 6.11.2010, p.39). Those projects which have received a grant under NER 300 can be examined at: www.ec.europa.eu/clima/funding/ner300/index_en.htm.

Excluded capacity: long term STOR CMUsE+W+S

F3018.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 16 [F31and 17]: interpretationE+W+S

19.  In regulations 16 [F32and 17], “delivery period” means the delivery year or period of delivery years for which a capacity obligation would be awarded in respect of a CMU (“CMU i”) if a bid in respect of CMU i were accepted at the capacity auction for which the applicant is applying for prequalification.

Textual Amendments

CHAPTER 4E+W+SDetermining eligibility and holding capacity auctions

General duty of Delivery BodyE+W+S

20.—(1) This Chapter applies where the Secretary of State has determined that a capacity auction is to be held.

(2) The Delivery Body must exercise the functions conferred on it by—

(a)this Chapter; and

(b)capacity market rules.

(3) The Delivery Body must exercise those functions in accordance with these Regulations and capacity market rules.

Auction guidelinesE+W+S

21.—(1) The Delivery Body must, before the start of the prequalification window, publish guidelines for the capacity auction (“auction guidelines”).

(2) The auction guidelines must contain—

(a)the provisional date on which the capacity auction is to start;

(b)details of how to apply to prequalify to bid in the capacity auction;

(c)the timetable for submission and determination of applications, which must in particular include the closing date for submission of applications;

(d)the auction parameters;

(e)the de-rating factor for each generating technology class, [F33and for each interconnector CMU,] as determined by the Delivery Body [F33or the Secretary of State] under capacity market rules; and

(f)such other information as may be—

(i)required by capacity market rules; or

(ii)directed by the Secretary of State or the Authority.

(3) The Delivery Body must, not less than 3 weeks before the date specified under paragraph (2)(a), publish a final version of the auction guidelines which contains—

(a)the date on which the capacity auction is to start; and

(b)any changes made to the auction parameters under regulation 13.

Textual Amendments

Determination of eligibilityE+W+S

22.  The Delivery Body must—

(a)determine each application for prequalification that is made to it in accordance with capacity market rules;

(b)notify each applicant of its determination; and

(c)reconsider a determination, if an applicant requests it to do so under regulation 69.

Notifying prequalification results to the Secretary of StateE+W+S

23.—(1) The Delivery Body must, as soon as reasonably practicable after it has determined all the applications made to it [F34and, if applicable, complied with any obligations under regulation 69(3) or (4) in relation to requests to review prequalification decisions notified to applicants on prequalification results day (which has the meaning given to that term in the Rules)], notify the Secretary of State of the aggregate de-rated capacity of—

(a)CMUs which have prequalified to bid in the capacity auction;

(b)CMUs in respect of which applications were rejected; and

(c)generating CMUs [F35, or interconnector CMUs,] in respect of which the Delivery Body received—

(i)an opt-out notification stating that the CMU will be closed down, decommissioned or otherwise non-operational by the commencement of the delivery year;

(ii)an opt-out notification stating that the CMU will be temporarily non-operational for all the winter of the delivery year but will be operational thereafter; or

(iii)an opt-out notification stating that the CMU will remain operational during the delivery year.

(2) The Delivery Body must, at the same time—

(a)advise the Secretary of State whether, in light of the data referred to in paragraph (1), the demand curve for the capacity auction should be adjusted; and

(b)provide a recommendation to the Secretary of State as to the adjustment, if any, that should be made to the demand curve.

(3) The Delivery Body must give the advice and recommendation in accordance with any directions given by the Secretary of State.

(4) In paragraph (1), “opt-out notification” has the meaning given in the Rules.

Textual Amendments

Holding the capacity auctionE+W+S

24.—(1) The Delivery Body must, subject to regulation 26, hold a capacity auction starting on the date specified in the final auction guidelines published under regulation 21(3).

(2) The Delivery Body may arrange for another person to conduct the capacity auction on its behalf, and in these Regulations “the auctioneer” means—

(a)the Delivery Body, if it conducts the capacity auction itself; or

(b)the person appointed by the Delivery Body to conduct the capacity auction.

(3) The auctioneer must conduct the capacity auction in accordance with—

(a)capacity market rules;

(b)the auction guidelines; and

(c)any instructions given by the Secretary of State on how price decrements are to be set.

(4) The Delivery Body is responsible for the performance of functions conferred on the auctioneer by these Regulations or capacity market rules, whether or not the Delivery Body performs those functions itself.

(5) In paragraph (3)(c), “price decrement” means the amount by which the bidding price is to be decreased from one bidding round of a capacity auction to the next.

Notification of resultsE+W+S

25.—(1) The Delivery Body must, after a capacity auction is completed—

(a)as soon as reasonably practicable notify the auction results to the Secretary of State;

(b)within one working day, give notice to each bidder of whether or not its bid was a successful bid; and

(c)within 8 working days, publish the auction results.

(2) In paragraph (1) “the auction results” means—

(a)the auction clearing price;

(b)the total amount of capacity in respect of which successful bids were made;

(c)the CMUs in respect of which successful bids were made;

(d)in respect of each such CMU—

(i)the de-rated capacity of the CMUF36...; and

(ii)the duration of capacity obligation for which, and the price at which, the successful bid was made.

(3) In paragraphs (1) and (2), a “successful bid” means a bid that, subject to regulation 27, results in the award of a capacity obligation to the bidder.

Textual Amendments

Cancellation, postponement or stopping of capacity auctionE+W+S

26.—(1) A capacity auction may not be cancelled, postponed or stopped except as provided in this regulation.

(2) The Delivery Body—

(a)must cancel or postpone a capacity auction if directed to do so by the Secretary of State under paragraph (3); and

(b)may postpone or stop a capacity auction if, in the Delivery Body's opinion, the capacity auction cannot be conducted fairly and in accordance with regulation 24(3), because of a failure of the auction IT system or any other exceptional circumstances.

(3) The Secretary of State—

F37(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)may, at any time before the date on which the capacity auction is to start, direct the Delivery Body for any other reason—

(i)to postpone a capacity auction for an indefinite period; or

(ii)to start the capacity auction on a later date than the date specified in auction guidelines.

(4) If the Delivery Body postpones or stops a capacity auction under paragraph (2)(b), the Delivery Body must hold or restart the capacity auction at a later date, and must comply with regulation 28(3)(b) and (c) in relation to the rearranged capacity auction.

F38(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the Secretary of State gives a direction under paragraph (3)(b) to postpone a capacity auction, the Secretary of State must as soon as reasonably practicable give a further direction to the Delivery Body to rearrange or cancel the capacity auction.

(7) [F39Paragraph (6) is] subject to regulation 28(4).

(8) If the Secretary of State directs the Delivery Body to cancel or postpone a capacity auction, the Secretary of State must, not later than 4 weeks after giving that direction, publish the reasons for it.

Textual Amendments

Power to annul capacity auctionE+W+S

27.—(1) The Secretary of State may, within 7 working days after a capacity auction is completed, annul the capacity auction if it appears to the Secretary of State that there are reasonable grounds to suspect that—

(a)there was an irregularity in relation to the capacity auction; and

(b)the irregularity affected—

(i)the auction clearing price; or

(ii)the CMUs which were successful in the capacity auction.

(2) For the purposes of paragraph (1) there is an irregularity if, but only if, the capacity auction was not conducted in accordance with regulation 24(3).

(3) If the Secretary of State decides to annul a capacity auction, the Secretary of State must—

(a)immediately publish that decision; and

(b)not later than 4 weeks after making that decision, publish the reasons for it.

Rearranged capacity auctionsE+W+S

28.—(1) If the Secretary of State gives a direction under regulation [F4026(6)] to rearrange a capacity auction, the Secretary of State may, subject to paragraph (4)—

(a)give directions to the Delivery Body about the holding of that capacity auction; and

(b)decide to adjust any of the auction parameters for that capacity auction.

(2) Directions under paragraph (1)(a) may include a direction to re-open prequalification for the capacity auction, and must include such a direction if any of the auction parameters are adjusted.

(3) The Delivery Body must—

(a)comply with any directions under paragraph (1);

(b)publish a revised version of the auction guidelines for the rearranged auction; and

(c)ensure that a rearranged capacity auction is completed by the earlier of—

(i)the end of the auction window; or

(ii)6 months after the date of any direction by the Secretary of State to hold a rearranged capacity auction.

(4) The Secretary of State must not give directions under regulation [F4126(6)], or paragraph (1) of this regulation, if the effect of those directions is that it would not be reasonably practicable for the Delivery Body to comply with paragraph (3)(c).

Textual Amendments

CHAPTER 5E+W+SDSR transitional auctions

DSR transitional auctionsE+W+S

29.—(1) A “DSR transitional auction” is a capacity auction in which bids may only be made for a one year capacity agreement in respect of—

(a)a demand side response CMU; or

(b)a non-CMRS distribution CMU with a connection capacity not exceeding 50MW.

(2) The Delivery Body must hold a DSR transitional auction—

(a)in the auction window commencing on 1st September 2015, for the 2016-17 delivery year; and

(b)in the auction window commencing on 1st September 2016, for the 2017-18 delivery year.

(3) Following a DSR transitional auction, a successful bidder must, in accordance with capacity market rules, elect whether to be issued with a capacity agreement for—

(a)a time banded capacity obligation; or

(b)a non-time banded capacity obligation.

(4) A time banded capacity obligation is an obligation to provide capacity during such times of the day and such months of a delivery year as are specified in capacity market rules.

(5) A non-time banded capacity obligation is an obligation to provide capacity at any time during a delivery year.

(6) Capacity payments for a non-time banded capacity obligation are payable at a rate equal to the auction clearing price.

(7) Capacity payments for a time banded capacity obligation awarded following the DSR transitional auction held under paragraph (2)(a) are payable at a rate equal to 70% of the auction clearing price.

(8) The Secretary of State must determine as an auction parameter the rate, expressed as a percentage of the auction clearing price, at which capacity payments are to be payable for a time banded capacity obligation awarded following the DSR transitional auction held under paragraph (2)(b).

(9) The Secretary of State must—

(a)determine the auction parameters under—

(i)regulation 12(1); and

(ii)paragraph (8);

(b)give notice of them to the Delivery Body as soon as reasonably practicable after making those determinations; and

(c)publish the determinations.

[F42(9A) The Delivery Body must not prequalify a CMU (“CMU i”) for the DSR transitional auction held under paragraph (2)(a) if CMU i is subject to an EDR participant agreement which applies for any of the delivery period.

(9B) The Delivery Body may request an applicant or the Secretary of State to provide it with such information as it may require for the purposes of paragraph (9A) and the applicant or the Secretary of State must, to the extent that it holds the information, comply with such a request as soon as reasonably practicable.]

(10) Chapters 1 to 4 of this Part apply in relation to DSR transitional auctions with the modifications that—

(a)regulation 12 applies as if paragraphs (4), (5)(a) and (b) and (6) were omitted; and

[F43(aa)regulation 13 applies as if in paragraph (1), for “regulation 23” there were substituted “regulation 23(1)”, and the following paragraphs were inserted after paragraph (2)—

“(3) After the Secretary of State receives a notification from the Delivery Body under regulation 23(1A), the Secretary of State may decide to adjust any of the auction parameters for the capacity auction to which the notification relates.

(4) The Secretary of State must make any decision under paragraph (3), and give notice of any adjustments to the Delivery Body, within 5 working days after receiving the notification from the Delivery Body.”;

(ab)regulation 21 applies as if after paragraph (3) there were inserted—

“(4) If the Secretary of State gives notice of an adjustment to auction parameters under regulation 13(4)—

(a)within 5 working days after receiving the notice, the Delivery Body must publish a revised final version of the auction guidelines accordingly; or

(b)if the Delivery Body has not published a final version of the auction guidelines when it receives the notice, it must publish those guidelines at the time required by paragraph (3) or within 5 working days after receiving the notice, whichever is later.”]

(b)regulation 23 applies as if paragraphs (1)(c) and (2) to (4) were omitted [F44and the following paragraph were inserted after paragraph (1)—

“(1A) The Delivery Body must—

(a)on the auction results day for a supplementary auction, or

(b)on the auction results day for a third T-4 auction if there is no supplementary auction but there is a third T-4 auction,

notify the Secretary of State of the aggregate de-rated capacity of CMUs which are eligible to participate in the capacity auction, and CMUs in respect of which applications were rejected.”]

[F45(10A) Regulation 69(5) does not apply in relation to the reconsideration of a prequalification decision for the DSR transitional auctions held by the Delivery Body under paragraph (2).]

[F46(11) In this regulation—

[F47“auction results day” means the date on which the auction results are published under regulation 25(1)(c);]

“delivery period” has the meaning given in regulation 19;

“EDR participant agreement” means an agreement entered into between the Secretary of State and the applicant under a pilot scheme for electricity demand reduction established under section 43 of the Act;

“non-CMRS distribution CMU” means a CMU consisting of one or more non-CMRS distribution units, within the meaning given in regulation 4(8).]

Textual Amendments

[F48Second DSR transitional auctionE+W+S

29A.—(1) This regulation applies to the DSR transitional auction held in the auction window commencing on 1st September 2016.

(2) In this auction—

(a)regulation 15(4) applies as if the minimum capacity threshold is 500 kilowatts; and

(b)regulation 29(1) applies as if for sub-paragraphs (a) and (b) there were substituted “a demand side response CMU which does not provide DSR capacity by using a generating unit.]

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