Commission Regulation (EU) 2016/631Show full title

Article 36 U.K. Final operational notification for type D power-generating modules

1. A FON shall entitle the power-generating facility owner to operate a power-generating module by using the grid connection.

2. A FON shall be issued by the relevant system operator, upon prior removal of all incompatibilities identified for the purpose of ION status and subject to completion of the data and study review process as required by this Article.

3. For the purposes of the data and study review, the power-generating facility owner must submit the following to the relevant system operator:

(a) an itemised statement of compliance; and

(b) an update of applicable technical data, simulation models and studies as referred to in points (b), (d) and (e) of Article 35(3), including the use of actual measured values during testing.

4. If incompatibility is identified in connection with the issuing of the FON, a derogation may be granted upon a request made to the relevant system operator, in accordance with the derogation procedure described in Title V. A FON shall be issued by the relevant system operator if the power-generating module complies with the provisions of the derogation.

Where a request for a derogation is rejected, the relevant system operator shall have the right to refuse to allow the operation of the power-generating module until the power-generating facility owner and the relevant system operator resolve the incompatibility and the relevant system operator considers that the power-generating module complies with the provisions of this Regulation.

If the relevant system operator and the power-generating facility owner do not resolve the incompatibility within a reasonable time frame, but in any case not later than six months after the notification of the rejection of the request for a derogation, each party may refer the issue for decision to the regulatory authority.