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5. In regulation 4—
(a)for the definition of GP in paragraph (1) substitute—
“GP is the total amount of generation counterparty payments which the CFD counterparty is required to make in respect of electricity generation which occurred on that day except for any payments which, at the time of the final reconciliation determination in respect of that quarterly obligation period, had not been determined by the CFD counterparty;”;
(b)for the definition of CP in paragraph (1) substitute—
“CP is the total amount of generation party payments which the CFD counterparty has received from CFD parties in respect of electricity generation which occurred on that day except for any payments which, at the time of the final reconciliation determination in respect of that quarterly obligation period, had not been determined by the CFD counterparty;”;
(c)for the definition of GE in paragraph (1) substitute—
“GE is the QGE for that supplier in that quarterly obligation period divided by the number of days in that period;”;
(d)for the definition of GT in paragraph (1) substitute—
“GT is the sum of QGE for all suppliers in that quarterly obligation period divided by the number of days in that period.”;
(e)after paragraph (1) insert—
“(1A) In paragraph (1), the QGE for an electricity supplier in a quarterly obligation period is—
(a)where the condition in paragraph (1B) is met by that supplier, the difference between the amount of electricity supplied by that supplier in that quarterly obligation period and the amount of EII excluded electricity supplied by that supplier in that period; or
(b)where the condition in paragraph (1B) is not met by that supplier, the amount of green excluded electricity supplied by that supplier in that quarterly obligation period.
(1B) The condition in this paragraph is met by an electricity supplier where the total amount of green excluded electricity and EII excluded electricity supplied by that supplier in that quarterly obligation period is greater than the amount of electricity supplied by that supplier in that period.”;
(f)in paragraph (2) for “and regulation 5” substitute “and regulations 5 and 28”.
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