Part I Gas Supply

F1Storage facilities: independence

8SIndependence of storage facilities and duty to allow others to use them: exemptions for minor facilities

(1)

A person who is or expects to be an owner of a storage facility may apply in writing to the Authority for an exemption from the requirements of sections 8R and 19B in respect of that facility (a “minor facility exemption”).

(2)

The Authority must give a minor facility exemption in respect of a facility where it is satisfied that use of the facility by other persons is not technically or economically necessary for the operation of an efficient gas market.

(3)

A minor facility exemption—

(a)

must be in writing;

(b)

may be given—

(i)

for an indefinite period or for a period determined under the exemption;

(ii)

unconditionally or subject to such conditions as the Authority considers appropriate.

(4)

The Authority must publish its decision to give or refuse to give a minor facility exemption together with the reasons for the decision.

(5)

A minor facility exemption may be revoked—

(a)

in accordance with provisions contained in it;

(b)

at any other time, if the Authority considers that the condition in subsection (2) is no longer met.

(6)

The Authority must from time to time publish a document setting out how it will determine whether the use of a facility by other persons is technically or economically necessary for the operation of an efficient gas market, including the matters it will take into account when determining this.

(7)

Publication under subsection (4) or (6) must be in such manner as the Authority considers appropriate.

(8)

Before publishing a document under subsection (6) the Authority must consult—

(a)

the Secretary of State; and

(b)

such other persons as the Authority considers appropriate.