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The Electricity Capacity Regulations 2014

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Termination of capacity agreements: CFDs and ROO conversions

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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—

(a)

identifies A;

(b)

states that the CFD counterparty intends to grant a CFD in respect of CMU i for any of the delivery period; and

(c)

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—

(a)

identifies A;

(b)

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

(c)

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).

(1)

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.

(2)

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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