PART 5Capacity agreements, capacity market register and termination
F1Reduction of the duration of capacity agreements: Secretary of State’s discretion33A.
(1)
This regulation applies where the Delivery Body gives a reduction notice to a capacity provider under the Rules.
(2)
The Secretary of State may, if the Secretary of State thinks fit, within 3 months of the date on which the reduction notice is given—
(a)
direct the Delivery Body to extend the date by which the capacity provider must meet a specified requirement; or
(b)
direct the Delivery Body to withdraw the reduction notice.
(3)
The date to which a requirement is extended by virtue of a direction under paragraph (2)(a) must not be later than 6 months after the date on which the reduction notice is given.
(4)
If a capacity provider wishes the Secretary of State to exercise the discretion in paragraph (2), the capacity provider must make representations to the Secretary of State.
(5)
Representations under paragraph (4) must—
(a)
be made in writing within 20 working days after the date on which the reduction notice is given;
(b)
request a direction under paragraph (2);
(c)
specify the reasons for requesting a direction under paragraph (2); and
(d)
where a direction under paragraph (2)(a) is requested, specify a cure plan.
(6)
The Secretary of State must consider any representations made in accordance with paragraph (4).
(7)
In this regulation—
(a)
a “cure plan” means proposals by the capacity provider demonstrating how it will comply with the specified requirement;
(b)
a “specified requirement” means a requirement in the Rules, the noncompliance with which is specified in the reduction notice; and
(c)
“reduction notice” has the meaning given in the Rules.