PART 6E+W+SPayments

CHAPTER 4E+W+SPayment and non-payment

[F1Reducing capacity payments: offsetting relevant expenditureE+W+S

49A.(1) This regulation applies if, before the time when a credit note is issued to a capacity provider (“C”) for a capacity payment, the Delivery Body has acknowledged receipt of a declaration under the Rules that relevant expenditure has been incurred, or is expected to be incurred, in respect of the capacity committed CMU for which C is responsible.

(2) If this regulation applies, the Settlement Body must ensure that the credit otherwise payable to C is reduced—

(a)by the amount of any outstanding relevant expenditure; or

(b)to nil, if the amount of any outstanding relevant expenditure is equal to or greater than the amount of the credit.

(3) The Settlement Body must ensure that the credit note issued to C states the amount by which the credit is reduced, and the reason for the reduction.

(4) This regulation applies to a credit note issued in respect of a transferred part as it applies to a credit note issued in respect of a capacity agreement, and where a capacity agreement has been transferred pursuant to regulation 30A(1)(b) or regulation 30(2)(b), the reduction in the amount payable to C is to be calculated so that it is proportionate to the period and part of the capacity obligation held by C during the month to which the credit note relates.

(5) In this regulation—

“outstanding relevant expenditure” means relevant expenditure that has not been deducted from capacity payments pursuant to this regulation; and

“relevant expenditure” has the meaning given in the Rules.]