The Electricity Capacity (No. 1) Regulations 2019

Interpretation: modifications

54.  Regulation 2 (interpretation) of the Supplier Payment Regulations applies as if—

(a) in paragraph (1)—

(i) after the definition of “the Principal Regulations” there were inserted—

““agreement termination trigger event” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;”;

(ii) after the definition of “capacity market supplier charge” there were inserted—

““conditional agreement auction” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;”

(iii) after the definition of “creditor” there were inserted—

““deferred capacity payment trigger event” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;”;

(iv) in the definition of “invoiced amount”—

(aa) after “6”, there were inserted “, 6A”; and

(bb) after “20” there were inserted “, 20A”;

(v) in the definition of “mutualisation credit”, after ““mutualisation credit”” there were inserted “, in relation to a month of a delivery year,”;

(vi) after the definition of “mutualisation credit” there were inserted—

““mutualisation credit”, in relation to a standstill collection period, has the meaning given in regulation 7A(12);

“non-payment register” means the register maintained by the Settlement Body under regulation 47 of the Principal Regulations;”;

(vii) in the definition of “payer”—

(aa) after “6” there were inserted “, 6A”; and

(bb) after “20” there were inserted “, 20A”;

(viii) after the definition of “payment due date” there were inserted—

““payment trigger event” means—

(a)

in respect of conditional capacity agreements awarded through the conditional agreement auction (including the capacity agreements these conditional capacity agreements become), the T-1 capacity agreement trigger event; or

(b)

in respect of capacity agreements that existed on 15th November 2018, the deferred capacity payment trigger event;”;

(ix) after the definition of “period of high demand” there were inserted—

““post-standstill collection month” means the second month after the month in which a payment trigger event occurs;

“post-standstill payment default” has the meaning given by paragraph (2A);”;

(x) after the definition of “settlement costs levy” there were inserted—

““standstill collection period” means a period made up of the months of a delivery year which are standstill months which begins at the start of the first standstill month in the delivery year and ends at the end of the last standstill month in the delivery year;

“standstill collection period supplier charge” means charge payable by electricity suppliers to the Settlement Body under regulation 6A(5)(a);

“standstill month”, in respect of capacity agreements that existed on 15th November 2018, means—

(a)

October 2018;

(b)

any month included (wholly or partly) in the standstill period; or

(c)

the month after the last month (wholly or partly) included in the standstill period;

“standstill month”, in respect of conditional capacity agreements awarded through the conditional agreement auction (including the capacity agreements these conditional capacity agreements become), means—

(a)

any month included (wholly or partly) in the T-1 standstill period; or

(b)

the month after the month in which the T-1 capacity agreement trigger event or T-1 termination trigger event occurs;

“standstill period” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;”; and

(xi) after the definition of “supply licence” there were inserted—

““T-1 capacity agreement trigger event” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;

“T-1 standstill period” means any part of the delivery year beginning on 1st October 2019 which falls before the date on which the T-1 capacity agreement trigger event or T-1 termination trigger event occurs;

“T-1 termination trigger event” has the meaning given in regulation 2(1) of the Electricity Capacity (No. 1) Regulations 2019;

“termination trigger event” means—

(a)

in respect of conditional capacity agreements awarded through the conditional agreement auction (including the capacity agreements these conditional capacity agreements become), the T-1 termination trigger event; or

(b)

in respect of capacity agreements that existed on 15th November 2018, the agreement termination trigger event. ”.

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

“(2A) For the purposes of these Regulations an electricity supplier (“S”) is in post-standstill payment default in relation to the standstill collection period of a delivery year (“collection period X”), if—

(a) an entry in respect of S has been made on the non-payment register in respect of an invoice issued under regulation 6A(5)(c), 6A(6) or 6A(11) in respect of collection period X; and

(b) this entry does not record the payment to which this invoice relates (including any late payment interest due in respect of this payment) as fully paid.”; and

(c) in paragraph (5)—

(i) at the start, there were inserted “Subject to paragraph (5A),”;

(ii) after “Principal Regulations” there were inserted (as modified by Part 5 of the Electricity Capacity (No. 1) Regulations 2019)”;

(iii) after “capacity year;”, there were inserted—

• ““conditional capacity agreement;”; and

(d) after paragraph (5), there were inserted—

“(5A) In these Regulations, the following expressions, when used in respect of capacity agreements that existed on 15th November 2018, have the meanings given in regulation 2(1) of the Principal Regulations (as modified by Chapter 2 of Part 3 of the Electricity Capacity (No. 1) Regulations 2019)—

• “capacity agreement”;

• “capacity provider penalty charge”;”.