PART 5Conditional agreement auction

Non-completion fee: modifications

43.  Regulation 43A (non-completion fee) of the Principal Regulations applies as if—

(a)in paragraph (1), after “of the” there were inserted “conditional capacity agreement or”;

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

(2A) Where a capacity provider would be required to pay a non-completion fee before the T-1 capacity agreement trigger event has occurred, this fee only becomes payable if the T-1 capacity agreement trigger event occurs.;

(c)in paragraph (3)—

(i)at the start, there were inserted “Subject to paragraph (3A),”; and

(ii)in sub-paragraph (a), after “payable” there were inserted “(or which would be payable if the T-1 capacity agreement trigger event occurred)”; and

(d)after paragraph (3), there were inserted—

(3A) An invoice under paragraph (3)(b) must only be issued on or after the date on which the T-1 capacity agreement trigger event occurred..