The Electricity Capacity Regulations 2014

Power to annul capacity auction

This section has no associated Explanatory Memorandum

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.