PART 6E+W+SPayments

CHAPTER 2E+W+SCalculations and determinations: capacity providers

[F1Termination fees: adjustment for DSR providersE+W+S

43ZA.(1) This regulation applies where—

(a)a termination fee is payable by a DSR provider;

(b)before that termination fee became payable, the Settlement Body had drawn down applicant credit cover provided by the DSR provider in accordance with regulation 60(3) or regulation 61(1)(a)(ii);

(c)the termination fee and the applicant credit cover relate to the same unproven demand side response CMU; and

(d)either—

(i)the termination fee and the applicant credit cover relate to the same capacity auction; or

(ii)the termination fee relates to a capacity auction for which no further applicant credit cover was required to be provided because of regulation 59(1B).

(2) The amount of the termination fee to be determined and invoiced under regulation 43 is reduced by the amount of the credit cover drawn down.]