Regulation 36

SCHEDULE 1E+W+SSettlement calculations

InterpretationE+W+S

1.—[F1(1) In this Schedule—

“AEij”, “ALFCOij” and “Eij”, in relation to a capacity committed CMU i and a relevant settlement period j, are to be interpreted in accordance with regulation 39 and mean the amounts determined in accordance with that regulation;

“COix” means the capacity obligation in MW, as recorded on the capacity market register, awarded in respect of CMU i for year X in a capacity auction;

“ICOij” means the whole or part of any capacity obligation COzx in MW, as recorded on the capacity market register, which applies to CMU i in relevant settlement period j;

“WFmx” means the weighting factor determined under paragraph 2 for month M in capacity year X.]

(2) Where, in a formula, two values in parentheses are separated by a comma and preceded by “min”, that means that the lesser of those two values is to be used in making the calculation.

[F2(3) Where, in a formula, the symbol ∑ is used, it denotes that a value is to be determined from the summation of the sequence of elements found immediately to its right; these elements may be derived from one variable or a collection of variables contained in parentheses.

(4) In this Schedule, if not otherwise defined, subscript suffixes used in a term refer to the following things unless the context requires otherwise—

“i” refers to a specific CMU which is the subject of the provision the term appears in (“the relevant provision”);

“j” refers to a relevant settlement period which is the subject of the relevant provision;

“k” refers to any relevant settlement periods in a given month that precede the relevant settlement period which is the subject of the relevant provision;

“m” refers to a given month;

“y” refers to any capacity obligation awarded in a capacity auction in respect of a CMU; and

“z” refers to a specific capacity obligation awarded in a capacity auction in respect of a CMU.]

Textual Amendments

Weighting factorE+W+S

2.—(1) The Settlement Body must, by no later than 3 months before the commencement of a capacity year (“year X”), calculate in respect of each month of year X (“month M”) the weighting factor (“”) which is to be used for the purpose of calculating capacity payments in respect of that month.

(2) must be calculated to [F310 decimal] places in accordance with the formula—

(3) In this paragraph—

“A” means the sum of the amounts of electrical demand in GWh in Great Britain during each of the months corresponding to month M in the calculation period;

“B” means the sum of the amounts of electrical demand in GWh in Great Britain during the calculation period;

“the calculation period” means the period of 3 years ending on the last day of the month preceding the month in which is calculated.

Textual Amendments

Capacity payments: calculations to be made annually for each capacity committed CMUE+W+S

3.—(1) The Settlement Body must, by no later than 3 months before the commencement of a delivery year (“year X”), calculate in respect of each capacity committed CMU (“CMU i”)—

(a)the total amount in pounds of the capacity payments which, subject to regulation 40(5) and (6) and to regulations 49 to 51, are payable in respect of [F4COix] (“”); and

(b)in respect of each month of year X (“month M”), the amount in pounds of the capacity payment which, subject to those regulations, is payable in respect of CMU i for that month (“”).

[F5(2) ACPyx (for any value y) must be calculated in accordance with the formula—

.

(3) MCPim must be calculated in accordance with the formula—

.

(3A) For the purpose of sub-paragraph (3) tACPN is the amount ,

where—

“tICOiN” is any obligation, being the whole or part of the capacity obligation COzx, that has been transferred so as to—

(a)

apply to CMU i for all or part of month M, or

(b)

cease to apply to CMU i for all or part of month M (in which case tACPN is to be expressed as a negative number);

“DTmN” means the number of days in month M for which that capacity obligation has been transferred;

“Dm” means the total number of days in month M.]

(4) For the purpose of sub-paragraph (2), “[F6PEyx]” means the price in pounds per MW at which capacity payments are payable in respect of [F6COyx], which is to be determined in accordance with sub-paragraphs (5) and (6).

F7(5) If the relevant capacity auction was a T-4 auction, is to be calculated in accordance with the formula—

F7(6) If the relevant capacity auction was a T-1 auction or a DSR transitional auction, is equal to .

(7) In this paragraph—

[F8“CCPy” means the capacity cleared price for COyx, as recorded on the capacity market register]

F9...

“” means the average of the monthly values of CPI for the months of the base period [F10referred to in] regulation 11 for the relevant capacity auction;

“” means the average of the monthly values of CPI for the months of the winter ending on the 30th April preceding the start of year X;

“relevant capacity auction” means the capacity auction in which [F11COyx] was awarded;

F12...

Textual Amendments

F7Sch. 1 para. 3(5)(6): the subscript “y” substituted for the subscript “i” wherever it occurs (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(4) (with reg. 1(4))

Capacity payments: calculations to be made monthly for each capacity providerE+W+S

4.—(1) The Settlement Body must, after the end of each month of a delivery year (“month M”), calculate for each capacity provider (“C”) the amount in pounds of the capacity payment which, subject to regulation 40(5) and (6) and to regulations 49 to 51, is payable to C in respect of month M (“”).

(2) must be calculated as the sum of—

(a), as calculated under paragraph 3, for each capacity committed CMU for which C was the capacity provider for the whole of month M; and

(b)C’s proportion of , as calculated under paragraphs 3 and 8, for each capacity committed CMU for which C was the capacity provider for part of month M.

Capacity provider penalty charges: calculation of settlement period penalty applying to a capacity committed CMUE+W+S

5.—(1) The Settlement Body must, after the end of each month of a delivery year (“year X”) in which one or more relevant settlement periods occur (“month M”), calculate in respect of each relevant CMU (“CMU i”) and each relevant settlement period (“settlement period j”) the settlement period penalty in pounds applying to CMU i in respect of settlement period j (“”).

(2) must be calculated in accordance with the F13formula—

[F14(2A) For the purpose of sub-paragraph (2), “PRij” is the penalty rate in pounds per MWh applying to CMU i in respect of settlement period j, and is to be calculated in accordance with the formula—

where—

“ICOijN” is the whole or a part of any capacity obligation COzx applying to CMU i in settlement period j, and

“PRN” is the penalty rate applying to that capacity obligation.]

[F15(3) For the purpose of sub-paragraph (2A), PRN is to be calculated in accordance with the formula—

.]

(4) In this paragraph—

[F16“PEzx” means the price in pounds per MW determined for COzx in accordance with paragraph 3(4) to (6)]

“relevant CMU” means a capacity committed CMU in respect of which is less than in one or more relevant settlement periods in month M.

Textual Amendments

F13Sch. 1 para. 5(2): formula amended by the substitution of "PRij" for “PRix” (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 33(1) (with reg. 1(4))

Capacity provider penalty charges: calculation of monthly penalty charge for a capacity committed CMUE+W+S

6.—[F17(1) The Settlement Body must, after the end of each month of a delivery year (“year X”) in which one or more relevant settlement periods occur (“month M”), calculate for each relevant CMU (“CMU i”)—

(a)for each relevant settlement period in month M (“settlement period j”), the settlement period penalty settlement amount for CMU i in settlement period j (“SPPSAij”); and

(b)the monthly penalty charge to be paid in respect of month M (“MPSAim”).

(2) For the purpose of sub-paragraph (1)—

(a)SPPSAij is—

(i)equal to the amount Pij (calculated in accordance with paragraph (3)) unless paragraph (2A) applies; and

(ii)equal to the lesser of the amount Pij and the amount Qij (calculated in accordance with paragraph (5)) if paragraph (2A) applies; and

(b)MPSAim is equal to the value of SPPSAij for the last relevant settlement period j in month M in which the value of ALFCOij for CMU i was greater than zero.

(2A) This paragraph applies where—

(a)a capacity provider penalty charge has been incurred in respect of CMU i in at least 48 relevant settlement periods, and

(b)those periods together comprise at least 8 relevant settlement periods in each of at least 6 months in delivery year X.]

[F18(3) Pij must be calculated in accordance with the formula—

.]

[F19(4) For the purposes of the calculation in sub-paragraph (3), MPCij is the monthly penalty cap in pounds applying to CMU i in respect of relevant settlement period j in month M, and is to be calculated in accordance with the formula—

where—

(a)RMCPij is to be calculated in accordance with the formula—

, and

(b)∑ASPPA′ is to be calculated in accordance with the formula—

where—

(i)∑AASPPAA is the sum of each amount ASPPAikA calculated under paragraph 6A(4) for any obligation ICOikA applying to CMU i in any relevant settlement period k in month M preceding settlement period j; and

(ii)∑BASPPAB is the sum of each amount ASPPAijB calculated under paragraph 6A(4) for any obligation ICOijB applying to CMU i in both—

(aa)settlement period j, and

(bb)any relevant settlement period k in month M preceding settlement period j.]

[F20(5) Qij must be calculated in accordance with the formula—

and where that calculation would give a negative number, the value of Qij is to be taken to be zero.]

[F21(5A) For the purposes of the calculation in sub-paragraph (5), APCij is the annual penalty cap in pounds applying to CMU i in respect of relevant settlement period j, and is to be calculated in accordance with the formula—

,

where “DTmN” and “Dm” have the meanings given in paragraph 3(3A)]

(6) In this paragraph—

F22...

[F23“ACPix” means the amount of annual capacity payments calculated under paragraph 3 for CMU i in respect of year X;

[F24“Fy” (for any value y) means the percentage stated on the capacity market register under regulation 31(2)(f), at the date of issue of the capacity agreement, as the monthly penalty cap percentage for the capacity obligation COyx awarded in respect of CMU y for year X;

“Gy” (for any value y) means the percentage stated on the capacity market register under regulation 31(2)(f), at the date of issue of the capacity agreement, as the annual penalty cap percentage for the capacity obligation COyx awarded in respect of CMU y for year X;]]

“MaxSPi” is the sum in pounds of all settlement period penalties which would have applied to CMU i in respect of relevant settlement periods in month M, as calculated in accordance with paragraph 5 [F25up to and including the settlement period for which the calculation is being made], if had been 0 for all such settlement periods;

“” means the amount of the monthly capacity payment calculated under paragraph 3 for CMU i and month M;

[F26“”

means the sum of the monthly penalty charges paid or payable in respect of CMU i for each of the months of year X preceding month M (or where M is the first such month, zero); and]

“relevant CMU” has the same meaning as in paragraph 5;

“SPi” is the sum of all settlement period penalties applying to CMU i in respect of relevant settlement periods in month M, as calculated in accordance with paragraph 5 [F25up to and including the settlement period for which the calculation is being made];

F27...

[F28“tACPN” has the meaning given in paragraph 3(3A)]

Textual Amendments

[F29Capacity provider penalty charges: apportionmentE+W+S

6A.—(1) Immediately after calculating SPPSAij for a relevant CMU i and any relevant settlement period j in month M under paragraph 6, the settlement body must also calculate D in accordance with the formula—

,

where “SPPSAi(j-1)” is the settlement period penalty settlement amount for CMU i in the relevant settlement period preceding period j (or, where j is the first such period in month M, zero).

(2) For each relevant settlement period j in month M, the settlement body must then determine for each obligation ICOij applying to CMU i in that settlement period (“ICOijN”)—

(a)the monthly penalty cap applying in respect of ICOijN (“MPCijN”); and

(b)the apportioned settlement period penalty amount for ICOijN (“ASPPAijN”) as determined in accordance with sub-paragraph (4).

(3) For the purpose of sub-paragraph (2)(a), MPCijN is to be determined in accordance with the formula—

,

where—

“ICOijN” is the whole or a part of the capacity obligation COzx awarded in respect of CMU z for year X,

“PEzx” means the price in pounds per MW determined for COzx in accordance with paragraph 3(4) to (6),

“Fz” is to be interpreted in accordance with paragraph 6(6), and

“”

means the sum of all apportioned settlement period penalty amounts calculated for ICOijN when that obligation applies to CMU i in any relevant settlement period in month M that precedes period j (or, where j is the first such period, zero).

(4) For the purpose of sub-paragraph (2)(b) ASPPAijN is to be determined as follows (where D is the result of the calculation referred to in sub-paragraph (1))—

(a)for each obligation ICOijN referred to in sub-paragraph (2), calculate PRN in accordance with paragraph 5(3), and arrange those obligations in a series (beginning with ICOij1) as described in paragraph (b);

(b)each such obligation ICOijN is ranked according to the magnitude of its corresponding PRN (in descending order with the highest corresponding penalty rate first), except that where the same penalty rate corresponds to more than one such obligation those obligations are ranked between themselves—

(i)according to the date on which the obligation was awarded in respect of CMU i, or transferred so as to apply to CMU i (with the latest such date first), and

(ii)for obligations awarded or transferred on the same date, according to the time at which a request to transfer the obligation was received by the Delivery Body (with the latest such time first), and with an awarded obligation ranking prior to any transferred obligation;

(c)then for any such ICOijN—

(i)if,;

(ii)if and,; and

(iii)otherwise, .]

Textual Amendments

Over-delivery paymentsE+W+S

7.—(1) The Settlement Body must, after the end of each delivery year (“year X”), determine for each relevant CMU (“CMU i”)—

(a)the over-delivery rate in £/MWh applying to CMU i in respect of [F30each relevant settlement period in year X (“ODRij”)];

(b)the amount in pounds of the over-delivery payment applying to CMU i in respect of each such settlement period in which CMU i over-delivered (“”); and

(c)the amount in pounds of the total over-delivery payment applying to CMU i in respect of year X (“”).

(2) [F31Subject to sub-paragraph (2A),] [F32ODRij] must be calculated in accordance with the F32F33formula—

[F34(2A) For the purposes of the calculation in paragraph (2), where the over-delivery payment is to be made to a qualified person who is not a capacity provider in settlement period j, the value of PRij is deemed to be equal to the penalty rate applying to a capacity obligation awarded in the T-4 auction for year X and calculated in accordance with paragraph 5.]

(3) must be calculated in accordance with the F35formula—

(4) must be calculated as the sum of for all the relevant settlement periods in year X in which CMU i over-delivered.

(5) For the purposes of this paragraph—

“over-delivered” is to be interpreted in accordance with regulation 42(2);

[F36“PRij” means the penalty rate in pounds per MWh applying to CMU i in respect of settlement period j, as calculated in accordance with paragraph 5]

[F37“qualified person” has the meaning given in regulation 42(2);]

a “relevant CMU” means a capacity committed CMU in respect of which is greater than in one or more relevant settlement periods in year X;

“TODVx” means the aggregate in MWh of the total amounts over-delivered in year X by all relevant CMUs;

“TPRx” means the total amount of capacity market penalty charge payments received by the Settlement Body in respect of year X.

Textual Amendments

F32Sch. 1 para. 7(2): “ODRij” substituted for “ODRix” (wherever it occurs) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(2) (with reg. 1(4))

F33Sch. 1 para. 7(2): formula amended by the substitution of “PRij” for “PRix” (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(3)(b) (with reg. 1(4))

F35Sch. 1 para. 7(3): “ODRij” substituted for “ODRix” (wherever it occurs) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(2) (with reg. 1(4))

Apportionment between capacity providersE+W+S

8.—(1) This paragraph applies if—

(a)an amount in pounds (“AC”) has been calculated under paragraph 3(1)(b), 6(1) or 7(1)(c) in respect of a CMU (“CMU i”); and

(b)two or more persons were each registered on the capacity market register as the capacity provider in respect of CMU i for different parts of the period for which the calculation was made.

(2) For each of the persons referred to in sub-paragraph (1)(b) (“CX”), the Settlement Body must calculate CX’s share of AC (“”).

(3) must be calculated in accordance with the formula—

(4) In sub-paragraph (3)—

“DP” means the number of days in the period for which AC was calculated; and

“” means the number of days during that period for which CX was registered on the capacity market register as the capacity provider in respect of CMU i.

Settlement costs levy: the first levy periodE+W+S

9.—(1) The Settlement Body must, in respect of the first levy period, calculate the amount of settlement costs levy (“SLs”) to be paid by each liable electricity supplier (“S”) in accordance with the formula—

(2) In this paragraph—

“Ds” means the net demand of S for the first levy period;

“” means the sum of the net demand of all liable electricity suppliers for the first levy period;

“the first levy period” has the same meaning as in regulation 44;

“liable electricity supplier” has the same meaning as in regulation 44;

“net demand” means the sum of the demand for active energy for which an electricity supplier is responsible including demand directly connected to the transmission system or a distribution network, less the output of any generation for which an electricity supplier is responsible that is connected to a distribution network, and for the purposes of this paragraph net demand cannot be less than zero; and

“PA” means the prescribed amount, as specified in regulation 44(2).

Regulation 86

SCHEDULE 2E+W+SDocuments

1.  The provisions of this Schedule—E+W+S

(a)apply to a document, which includes an application, notice, invoice or credit note; and

(b)are subject to any specific provisions in these Regulations [F38, the Supplier Payment Regulations] or capacity market rules about—

(i)a particular kind of document; or

(ii)the provision of documents by or to a particular person or class of persons.

Textual Amendments

2.  A document must be in writing and dated.E+W+S

3.  A document given to a person on a non-working day is to be treated as given on the next following working day.E+W+S

4.  A document may be given to a person by—E+W+S

(a)delivering it to that person in person;

(b)leaving it at that person's proper address;

(c)sending it by post or fax to that person's proper address;

(d)sending it by email to that person; or

(e)submitting it by means of a dedicated portal on that person's website.

5.  For the purposes of paragraph 4(a) a document is given to—E+W+S

(a)a body corporate, where it is given to a person having control or management of that body;

(b)a partnership, where it is given to a partner or a person having control or management of the partnership business;

(c)an unincorporated association, where it is given to a person having management responsibilities in respect of the association.

6.  For the purposes of paragraph 4(d), a document is given to—E+W+S

(a)a body corporate, where it is sent to an email address of—

(i)the body corporate; or

(ii)a person having control or management of that body,

where that address is supplied by that body for the conduct of the affairs of that body;

(b)a partnership, where it is sent to an email address of—

(i)the partnership; or

(ii)a partner or a person having control or management of the partnership business,

where that address is supplied by that partnership for the conduct of the affairs of that partnership;

(c)an unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.

7.  A person may, in substitution for the proper address which would otherwise apply, specify an address in the United Kingdom at which that person or someone on that person's behalf may be given documents, which address is to be treated instead as that person's proper address.E+W+S

8.  In this Schedule—E+W+S

“dedicated portal” means a facility on a person's website which is established to allow electronic communication with that person;

“proper address” means in the case of—

(a)

a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;

(b)

a partnership, the principal office of the partnership in the United Kingdom;

(c)

any other person, that person's last known address, which includes an email address.