CHAPTER VICLEARING PRICE AND PAYABLE PRICE

Article 25Conditions for offering payable price approaches

1.

Where and to the extent that the transmission system operator functions under a non-price cap regime, the conditions for offering payable price approaches shall be as follows:

(a)

for cases where only existing capacity is offered:

  1. (i)

    the floating payable price approach shall be offered;

  2. (ii)

    the fixed payable price approach shall not be allowed.

(b)

for incremental capacity and existing capacity offered in the same auction or same alternative allocation mechanism:

  1. (i)

    the floating payable price approach may be offered;

  2. (ii)

    the fixed payable price approach may be offered where one of the following conditions is met:

    1. (1)

      an alternative allocation mechanism set out in Article 30 of Regulation (EU) 2017/459 is used;

    2. (2)
      a project is included in the Union list of projects of common interest as set out in Article 3 of Regulation (EU) No 347/2013 of the European Parliament and of the Council7 F1as it had effect in EU law immediately before IP completion day.

2.

Where and to the extent that the transmission system operator functions under a price cap regime, the floating payable price approach or the fixed payable price approach, or both, may be offered.