The Electricity Capacity (No. 1) Regulations 2019

PART 4 Capacity agreements: miscellaneous

CHAPTER 1 Amendment of Principal Regulations

Secretary of State’s discretion concerning non-completion fees: amendments

24.  In regulation 43A (non-completion fee) of the Principal Regulations, after paragraph (5), insert—

“(6) Regulation 33 applies (except for paragraphs (2)(b), (3) and (5)(b)) to a non-completion notice as it applies to a termination notice, and for that purpose, a reference in regulation 33 to—

(a) a “termination fee” is to be construed as a reference to a non-completion fee; and

(b) a “termination notice” is to be construed as a reference to a non-completion notice.”.

Delivery Body reviewable decision: amendments

25.  In regulation 68 of the Principal Regulations, in paragraph (2), in the table, after “issue of” insert “a non-completion notice,”.

CHAPTER 2 Modifications of Principal Regulations

Secretary of State’s discretion: modifications

26.—(1) The modifications in paragraph (2) apply only in relation to a capacity agreement that existed on 15th November 2018.

(2) Regulation 33 (termination of capacity agreements: Secretary of State’s discretion) of the Principal Regulations applies as if—

(a) in paragraph (2)—

(i) in sub-paragraph (a), “or” were omitted;

(ii) at the end of sub-paragraph (b), for “.” there were substituted “; or”; and

(iii) after sub-paragraph (b), there were inserted—

“(c) if the termination notice is given during the standstill period, direct the Delivery Body to—

(i) withdraw the termination notice given to the capacity provider (“P”); and

(ii) terminate the capacity agreement on the ground specified in capacity market rules that it would involve undue financial hardship to require P to pay a termination fee in respect of the termination of the capacity agreement, owing to the exceptional circumstances of P’s particular case arising from the non-payment to P of capacity payments (which were prevented from being paid by the law relating to state aid) during the standstill period.”;

(b) in paragraph (3), for “6” there were substituted “12”; and

(c) at the end of paragraph (9), there were inserted “, and “standstill period” has the meaning given in regulation 3 of the Electricity Capacity (No. 1) Regulations 2019”.

Non-completion fees: modifications

27.—(1) The modifications in paragraph (2) apply in respect of—

(a) the conditional agreement auction, including the rights and obligations arising out of, or in relation to, this auction; and

(b) capacity agreements that existed on 15th November 2018.

(2) Regulation 43A (non-completion fee) of the Principal Regulations applies as if in paragraph (6)—

(a) in paragraph (a), “; and” were omitted;

(b) in paragraph (b), for “.” there were inserted “; and”; and

(c) after paragraph (b), there were inserted—

“(c) if a non-completion notice is issued during the standstill period, a direction to the Delivery Body to withdraw the termination notice and to terminate a capacity agreement on the ground specified in capacity market rules is to be construed as a reference to a direction to the Delivery Body to withdraw the non-completion notice.”.