19.—(1) Regulation 30 of the ESO Regulations is amended as follows.
(2) In paragraph (1)—
(a)for sub-paragraph (b) substitute—
“(b)that supplier is liable to pay determined payments; and”;
(b)after sub-paragraph (b) insert—
“(c)the CFD counterparty considers that there is a high degree of likelihood that the electricity supplier will fail to pay a determined payment.”.
(3) At the end of paragraph (2) insert “, subject to paragraph (2A)”.
(4) After paragraph (2) insert—
“(2A) The maximum amount the CFD counterparty may retain under paragraph (2) is the amount equal to the sum of all determined payments which the supplier is liable to pay at the relevant date.”.
(5) In paragraph (5)—
(a)after sub-paragraph (b) omit “and”;
(b)after sub-paragraph (c) insert—
“; and
(d)which the supplier must make within 5 working days of the relevant date”.