The Electricity Capacity Regulations 2014
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Change 1
50 Reducing capacity payments: failure to demonstrate satisfactory performance
(1) This regulation applies in relation to a capacity committed CMU (“CMU i”) and a delivery year (“year X”) if— (a) a satisfactory performance requirement applies in respect of CMU i in year X; and (b) the requirement has not been met by 30th April in year X. (2) If, by the end of a relevant month, the capacity provider in respect of CMU i (“C”) has not complied with the satisfactory performance requirement, no monthly capacity payment is to be paid in respect of CMU i for that month. (2A) If C complies with the satisfactory performance requirement during May in year X, no monthly capacity payment is to be paid in respect of CMU i for that month. (3) If C complies with the satisfactory performance requirement during a relevant month other than May, the Settlement Body must ensure that the credit which would otherwise be payable to C in respect of the monthly capacity payment for CMU i for that month is reduced by the proportion AB, where— (a) A is the number of days in the relevant month before the day on which C complies with the satisfactory performance requirement; and (b) B is the number of days in the relevant month. (4) If C has not complied with the satisfactory performance requirement by the end of year X— (a) C must repay to the Settlement Body all capacity payments made in respect of CMU i and year X less the total amount of any capacity provider penalty charges that C has paid in respect of CMU i and year X; and (b) the Settlement Body must, as soon as reasonably practicable after the end of year X, issue an invoice to C for the amount due under sub-paragraph (a). (5) The Settlement Body must— (a) if paragraph (2) or paragraph (2A) applies, give a notice to C which states that no monthly capacity payment is to be paid in respect of CMU i for the relevant month, and states the reason; (b) if paragraph (3) applies, ensure that the credit note issued to C for the relevant month states the amount by which the credit is reduced, and states the reason; (c) if paragraph (4) applies, ensure that the invoice issued to C under paragraph (4)(b) states the reason for the issue of the invoice. (6) In this regulation— “extended performance” has the meaning given in the Rules; “relevant month” means May, June, July, August or September in year X; “satisfactory performance day” has the meaning given in the Rules; “satisfactory performance requirement” means a requirement in capacity market rules for a capacity provider to demonstrate satisfactory performance days or extend performance during a satisfactory performance day in respect of a capacity committed CMU.
50 Reducing capacity payments: failure to demonstrate satisfactory performance
(1) This regulation applies in relation to a capacity committed CMU (“CMU i”) and a delivery year (“year X”) if— (a) a satisfactory performance requirement applies in respect of CMU i in year X; and (b) the requirement has not been met by 30th April in year X. (2) If, by the end of a relevant month, the capacity provider in respect of CMU i (“C”) has not complied with the satisfactory performance requirement, no monthly capacity payment is to be paid in respect of CMU i for that month. (2A) If C complies with the satisfactory performance requirement during May in year X, no monthly capacity payment is to be paid in respect of CMU i for that month. (3) If C complies with the satisfactory performance requirement during a relevant month other than May, the Settlement Body must ensure that the credit which would otherwise be payable to C in respect of the monthly capacity payment for CMU i for that month is reduced by the proportion AB, where— (a) A is the number of days in the relevant month before the day on which C complies with the satisfactory performance requirement; and (b) B is the number of days in the relevant month. (4) If C has not complied with the satisfactory performance requirement by the end of year X— (a) C must repay to the Settlement Body all capacity payments made in respect of CMU i and year X less the total amount of any capacity provider penalty charges that C has paid in respect of CMU i and year X; and (b) the Settlement Body must, as soon as reasonably practicable after the end of year X, issue an invoice to C for the amount due under sub-paragraph (a). (5) The Settlement Body must— (a) if paragraph (2) or paragraph (2A) applies, give a notice to C which states that no monthly capacity payment is to be paid in respect of CMU i for the relevant month, and states the reason; (b) if paragraph (3) applies, ensure that the credit note issued to C for the relevant month states the amount by which the credit is reduced, and states the reason; (c) if paragraph (4) applies, ensure that the invoice issued to C under paragraph (4)(b) states the reason for the issue of the invoice. (6) In this regulation— “extended performance” has the meaning given in the Rules; “relevant month” means May, June, July, August or September in year X; “satisfactory performance day” has the meaning given in the Rules; “satisfactory performance requirement” means a requirement in capacity market rules for a capacity provider to demonstrate satisfactory performance days or extend performance during a satisfactory performance day in respect of a capacity committed CMU.
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