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34.—(1) The Delivery Body must terminate a capacity agreement (“A”) issued following a T-4 capacity auction where, by no later than 16 months before the start of the delivery period, the Delivery Body receives in respect of A—
(a)a CFD transfer notice; or
(b)a ROO conversion notice.
(2) The Delivery Body must—
(a)comply with paragraph (1) immediately it receives the notice; and
(b)as soon as reasonably practicable, give a notice that it has terminated A to—
(i)the capacity provider in respect of A;
(ii)the Settlement Body; and
(iii)the CFD counterparty in respect of a CFD transfer notice or the Authority in respect of a ROO conversion notice.
(3) In this regulation—
“CFD transfer notice” means a notice from the CFD counterparty which—
identifies A;
states that the CFD counterparty intends to grant a CFD in respect of CMU i for any of the delivery period; and
gives the date on which the CFD is intended to be granted;
“CMU i” means the CMU to which A applies;
“the delivery period” means the delivery year or the period of delivery years for which A imposes a capacity obligation;
“ROO conversion notice” means a notice from the capacity provider in respect of A which—
identifies A;
states that the capacity provider intends to claim ROCs in respect of CMU i as a unit conversion or as part of a station conversion for any of the delivery period; and
includes a written confirmation from the Authority that at least one ROC has been issued in respect of CMU i as a unit conversion or as part of a station conversion since the date A was awarded;
“station conversion” has the same meaning as it has in the ROO(1); and
“unit conversion” has the same meaning as it has in the ROO(2).
The definition of “station conversion” was inserted into S.I. 2009/785 by S.I. 2013/768, and into S.S.I. 2009/140 by S.S.I. 2013/116.
The definition of “unit conversion” was inserted into S.I. 2009/785 by S.I. 2013/768, and into S.S.I. 2009/140 by S.S.I. 2013/116.
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