The Electricity Capacity (No. 1) Regulations 2019

Rearrangement of conditional agreement auction: modifications

30.—(1) Regulation 14 (eligibility to bid in capacity auctions) of the Principal Regulations applies as if—

(a) at the start of paragraph (2), there were inserted “Subject to paragraph (2A),”; and

(b) after paragraph (2) there were inserted—

“(2A) A CMU is not prequalified for a capacity auction (“auction A”) if the Delivery Body has, in accordance with the Rules, received an auction withdrawal notice withdrawing the CMU from auction A.”.

(2) Regulation 23 (notifying prequalification results to the Secretary of State) of the Principal Regulations applies as if—

(a) after paragraph (2) there were inserted—

“(2A) If the Secretary of State gives a direction to the Delivery Body under regulation 28(1)(a) to allow prequalified CMUs to withdraw from the capacity auction, the Delivery Body must, as soon as reasonably practicable after the end of the auction withdrawal window—

(a) notify the Secretary of State of the aggregated de-rated capacity of—

(i) the CMUs referred to in paragraph (1)(a) and (b);

(ii) CMUs in respect of which the Delivery Body has received an auction withdrawal notice; and

(iii) generating CMUs, or interconnector CMUs, in respect of which the Delivery Body received—

(aa) an opt-out notification or auction withdrawal notice stating that the CMU will be closed down, decommissioned or otherwise non-operational by the commencement of the delivery year;

(bb) an opt-out notification or auction withdrawal notice stating that the CMU will be temporarily non-operational for all the winter of the delivery year but will be operational thereafter; or

(cc) an opt-out notification or auction withdrawal notice stating that the CMU will remain operational during the delivery year; and

(b) at the same time, provide the advice and recommendation referred to in paragraph (2) using this data.”;

(b) in paragraph (3), after “recommendation” there were inserted “under paragraph (2) or (2A)”; and

(c) for paragraph (4), there were substituted—

“(4) In this regulation, “auction withdrawal window” and “opt-out notification” have the meaning given in the Rules.”.

(3) Regulation 26 (cancellation, postponement or stopping of capacity auction) of the Principal Regulations applies as if—

(a) in paragraph (3)(a)—

(i) after “awarding of”, there were inserted “conditional”; and

(ii) “or making of capacity payments” were omitted; and

(b) in paragraph (5)(a)—

(i) after “awarding of” there were inserted “conditional”; and

(ii) “and making of capacity payments” were omitted.

(4) Regulation 28 (rearranged capacity auctions) of the Principal Regulations applies as if for paragraph (2), there were substituted—

“(2) Directions under paragraph (1)(a) may include—

(a) a direction to re-open prequalification for the capacity auction, and must include such a direction if any of the auction parameters are adjusted; and

(b) a direction to allow prequalified CMUs (including CMUs which have prequalified subject to satisfaction of a further requirement) to withdraw from the capacity auction.”.