The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 1996

Regulation 5

SCHEDULE 3

PART I FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLI CATION IN RESPECT OF A GAS SUPPLIER LICENCE(1)

Supply to domestic premises where gas is conveyed by a public gas transporter

1.  If the application relates to the supply of gas to domestic premises to which gas is, or is to be, conveyed by a public gas transporter—

(a) particulars, where appropriate, of the bond, other instrument or arrangements proposed to be taken out or made by the applicant in accordance with standard condition 9 (security for payments where last resort directions are given);

(b) a description of the applicant’s proposed arrangements for acquiring the gas to be supplied, and for ensuring security and continuity of supply for domestic customers (including, where applicable, the steps to be taken in accordance with paragraph (9) of standard condition 31);

(c) a draft copy of the scheme proposed to be made by the applicant under paragraph 8 of Schedule 2B(2) to the Act (terms and conditions to be incorporated in deemed contracts for consumers);

(d) except in so far as standard condition 35 will apply, particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 10 (methods of payment of charges for gas), 15 to 21 (social obligations), 22 (supply and connection of gas meters), 23 (inspection and testing of meters), 24 (arrangements in respect of powers of entry), 25 (authorisation of officers) and 28 (exchange of information between licensee and relevant transporter or shipper);

(e) details of the terms relating to directions under section 2(1)(b) of the Energy Act 1976(3) which the applicant proposes to include in contracts for the supply of gas in accordance with standard condition 31.

Supply of gas to premises which are not domestic premises and to which gas is conveyed by a public gas transporter

2.  If the application relates to the supply of gas to any premises which are not domestic premises and to which gas is, or is to be, conveyed by a public gas transporter, details of the terms relating to pipe-line system emergencies and directions under section 2(1)(b) of the Energy Act 1976 which the applicant proposes to include in contracts for the supply of gas in accordance with standard condition 31.

Restriction of a gas supplier licence

3.  If the application is for a restriction of a licence—

(a) an estimate of—

(i) the total number of premises to which the applicant supplies gas at the time of the application and which the applicant would cease to supply if the application were acceded to ( “relevant premises”);

(ii) the aggregate quantity of gas in therms which the applicant reasonably expects to be supplied to the relevant premises in the twelve months following the application; and

(iii) the number of premises to which the applicant would supply gas, and the aggregate annual quantity of gas in therms which would be supplied to those premises by him, in each of the three years following the coming into effect of the restriction if the application were acceded to; and

(b) unless there are, at the date of the application, no relevant consumers (within the meaning of section 7A(10) of the Act) in relation to the applicant, a description of the applicant’s proposed arrangements under section 7A(9) of the Act for—

(i) ensuring continuity of supply for all such relevant consumers; and

(ii) in the case of each such consumer who is supplied with gas in pursuance of a contract (within the meaning of that section), securing such continuity on the same terms as nearly as may be as the terms of the contract.

PART II FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLI CATION IN RESPECT OF A GAS SHIPPER LICENCE(4)

1.  If the application is for a licence or an extension to a licence, details, in relation to each public gas transporter in respect of whose pipe-line system the applicant proposes to make arrangements of the sort referred to in section 7A(2) of the Act, of—

(a) whether the applicant proposes to comply with—

(i) the network code (within the meaning of standard condition 1) established by that transporter; or

(ii) the terms of standard condition 5 (conveyance of gas otherwise than on network code or similar terms); and

(b) if (a)(ii) above is the case, the manner in which the applicant proposes to comply with that standard condition.

2.  A description of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 2 (general obligations in respect of use of relevant transporter’s pipe-line system), 7 (information as respects premises served), 10 (supply and return of, and information etc relating to, gas meters) and 15 (authorisation of officers).

3.  A description of the applicant’s proposed arrangements for compliance with the requirements of standard condition 4 in relation to the handling of a pipe-line system emergency.

PART III FURTHER INFORMATION AND DOCUMENTS TO ACCOMPANY AN APPLI CATION IN RESPECT OF A PUBLIC GAS TRANSPORTER LICENCE(5)

1.  If the grant of the application would authorise the applicant to convey gas through pipes to any premises in an authorised area—

(a) if not already provided for the purposes of any requirement in Schedule 1, a map drawn to an appropriate scale showing—

(i) the proposed authorised area;

(ii) the actual or proposed configuration, to the extent that it consists of pipes with a design operating pressure in excess of 7 bar gauge, of the pipe-line system the the applicant would operate in that area if the application were granted; and

(iii) any pipes operated or to be operated by the applicant which would be used wholly or mainly for the purpose of conveying gas to that area if the application were granted,

(b) such information available to the applicant as will indicate whether section 7(8) of the Act(6) might restrict the grant of the application and how the criteria set out in section 7(8)(a) and (b) might apply in the particular case;

(c) evidence that the applicant intends to carry on the activities authorised by the licence in a substantial part of the proposed authorised area; and

(d) particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 14 (maintenance and provision of records), 19 (standards of performance), 21 (authorisation of officers), 23 (provision, return and repositioning of meters) and 24 (gas illegally taken).

2.  If the application relates to the conveyance of gas through pipes to a pipe-line system operated by another public gas transporter (except where that pipe-line system is designed to receive gas at an operating pressure not exceeding 7 bar gauge and the application relates to the conveyance of gas to that system only incidentally to the conveyance of gas to premises in an authorised area), if not already provided for the purpose of any requirement in Schedule 1, a map drawn to an appropriate scale showing the actual or proposed configuration of the pipe-line system the applicant would operate if the application were granted, showing—

(i) all pipes with a design operating pressure in excess of 7 bar gauge;

(ii) all pipes effecting connection to the pipe-line system operated by the other public gas transporter; and

(iii) all points through which it is proposed that gas would be conveyed to the applicant’s pipe-line system wholly or mainly for the purpose of being conveyed to the pipe-line system operated by the other public gas transporter.

3.  A business plan in respect of the activities which would be authorised following the grant of the application, giving estimates, for each of the five years following such grant, of—

(a) the total length of any such pipe-line system (in kilometres);

(b) the total revenue from the activity which would be authorised;

(c) the total capital costs, showing separately such costs in relation to procuring and laying pipe-lines, providing and installing meters, procuring and installing other operational plant and machinery, and overhead and administrative requirements (in all cases excluding finance charges);

(d) the total operating costs, showing separately such costs in relation to fuel (including gas purchases), staff costs, rent and rates, development costs and insurance.

4.  Such particulars as will indicate whether any pipe-line system through which the applicant would be authorised to convey gas if the application were granted would be operated safely.

5.  Particulars of the applicant’s proposed arrangements to secure—

(a) the performance of any obligations in relation to escapes of gas imposed on him by Schedule 2B to the Act; and

(b) the achievement of pipe-line system security standards in accordance with standard condition 13.

6.  Unless provided in accordance with paragraph 1(d) above, particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 3 (charging of gas shippers—general), 5 (connection charges etc), 7 (network code), 18 (emergency services and obligations), 23 (provision, return and repositioning of meters) and 24 (gas illegally taken).

(1)

In this part of this Schedule, if the application is for an extension or restriction of a licence, information and documents need only be given in so far as, in any material respect, they significantly differ from or add to the most recent information or documents which were provided in relation to the same requirement—

(i)

with an application made by the applicant in accordance with these Regulations; or

(ii)

subsequent to such an application in pursuance of a condition of the applicant’s licence.

(2)

Schedule 2B comprises the provisions of Schedule 2 to the 1995 Act.

(3)

1976 c. 76.

(4)

In this part of this Schedule, if the application is for an extension or restriction of a licence, information and documents need only be given in so far as, in any material respect, they differ from or add to the most recent information or documents which were provided in relation to the same requirement—

(i)

with an application made by the applicant in accordance with these Regulations; or

(ii)

subsequent to such an application in pursuance of a condition of the applicant’s licence.

(5)

In paragraphs 1(d), 4 and 6 below, if the application is for an extension of a licence, information and documents need only be given in so far as, in any material respect, they significantly differ from or add to the most recent information or documents which were provided in relation to the same requirement—

(i)

with an application made by the applicant in accordance with these Regulations; or

(ii)

subsequent to such an application in pursuance of a condition of the applicant’s licence.

(6)

Section 7(8) provides that except in certain circumstances, a public gas transporter licence or extension of such a licence may not specify as an authorised area any area which is situated within 23 metres of a main of another public gas transporter.