The Electricity Market Reform (General) Regulations 2014
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Change 1
12G Effect of unforeseeable circumstances
(1) This regulation applies where — (a) a generator party applicant has failed to meet the financial minimum standards; and (b) the generator party applicant has, with its sustainable industry reward application, provided evidence that its failure to do so is to any extent attributable to unforeseeable circumstances. (2) If the Secretary of State is satisfied that the failure mentioned in paragraph (1)(a) is to any extent attributable to unforeseeable circumstances, the Secretary of State may to that extent treat the financial minimum standards as met for the purposes of regulation 12D(2) or 12F(1). (3) For the purposes of this regulation, “unforeseeable circumstances” are circumstances that— (a) were not reasonably foreseeable by the generator party applicant at the time the generator party applicant applied for its sustainable industry reward statement, or at the time it most recently applied for the statement to be amended by virtue of regulation 28E(1)(c) of the Contracts for Difference (Allocation) Regulations 2014; and (b) are outside the generator party applicant’s reasonable control. (4) A failure is “attributable” to unforeseeable circumstances if the generator party applicant took all reasonable steps to avoid the failure (including applying for its sustainable industry reward statement to be amended by virtue of regulation 28E(1)(c) of the Contracts for Difference (Allocation) Regulations 2014 where it would be reasonable to do so).
12G Effect of unforeseeable circumstances
(1) This regulation applies where — (a) a generator party applicant has failed to meet the financial minimum standards; and (b) the generator party applicant has, with its sustainable industry reward application, provided evidence that its failure to do so is to any extent attributable to unforeseeable circumstances. (2) If the Secretary of State is satisfied that the failure mentioned in paragraph (1)(a) is to any extent attributable to unforeseeable circumstances, the Secretary of State may to that extent treat the financial minimum standards as met for the purposes of regulation 12D(2) or 12F(1). (3) For the purposes of this regulation, “unforeseeable circumstances” are circumstances that— (a) were not reasonably foreseeable by the generator party applicant at the time the generator party applicant applied for its sustainable industry reward statement, or at the time it most recently applied for the statement to be amended by virtue of regulation 28E(1)(c) of the Contracts for Difference (Allocation) Regulations 2014; and (b) are outside the generator party applicant’s reasonable control. (4) A failure is “attributable” to unforeseeable circumstances if the generator party applicant took all reasonable steps to avoid the failure (including applying for its sustainable industry reward statement to be amended by virtue of regulation 28E(1)(c) of the Contracts for Difference (Allocation) Regulations 2014 where it would be reasonable to do so).
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