The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020

Statutory Instruments

2020 No. 697

Electricity

The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020

Made

3rd July 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State has before making these Regulations—

(a) consulted in accordance with section 40(2) of the Energy Act 2013(1); and

(b) had regard to the matters in section 5(2) of that Act.

In accordance with section 40(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 27 to 32, 36 and 40(1) of the Energy Act 2013, makes the following Regulations:

Citation, commencement, application and interpretation E+W+S

1.—(1) These Regulations may be cited as the Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020.

(2) These Regulations come into force on the day after the day on which they are made.

(3) The amendments made by paragraph 1 of Schedule 1 do not apply in respect of a capacity agreement awarded as a result of a capacity auction held before these Regulations come into force.

(4) In these Regulations—

“capacity agreement” has the meaning given in regulation 30(1) of the Principal Regulations;

“capacity auction” has the meaning given in regulation 2(1) of the Principal Regulations; and

“Principal Regulations” means the Electricity Capacity Regulations 2014(2).

Commencement Information

I1 Reg. 1 in force at 4.7.2020, see reg. 1(2)

Amendments to the Principal Regulations E+W+S

2.—(1) The Principal Regulations are amended as set out in Schedule 1.

(2) Any reference in that Schedule to a numbered regulation is to the regulation so numbered in the Principal Regulations.

Commencement Information

I2 Reg. 2 in force at 4.7.2020, see reg. 1(2)

Amendments to the Electricity Capacity (No. 1) Regulations 2019 E+W+S

3.  Omit regulations 26 and 35 (Secretary of State’s discretion: modifications) of the Electricity Capacity (No. 1) Regulations 2019(3).

Commencement Information

I3 Reg. 3 in force at 4.7.2020, see reg. 1(2)

Modifications to the application of the Principal Regulations E+W+S

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 24

Kwasi Kwarteng

Minister of State for Business, Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

3rd July 2020

Regulation 2(1)

SCHEDULE 1 E+W+S Amendments to the Principal Regulations

PART 1 E+W+S Demand side response CMUs

Regulation 5 (“demand side response CMU”) E+W+S

1.—(1) In regulation 5(2)(a)(i), at the beginning insert “subject to paragraph (2A),”.

(2) After regulation 5(2), insert—

“(2A) For the purposes of this regulation, the reference in regulation 5(2)(a)(i) to a “DSR customer’s import of electricity” does not include import of electricity primarily for the conversion of electricity into a form of energy which can be stored by a storage facility.”

Commencement Information

I4 Sch. 1 para. 1 in force at 4.7.2020, see reg. 1(2)

PART 2 E+W+S Auction parameters

Regulation 11 (meaning of auction parameters) E+W+S

2.—(1) In regulation 11(1)(b), before “target capacity” insert “auction”.

(2) In regulation 11(3)—

(a) in the definition of “15 year minimum £/kW threshold”, after “a generating CMU” insert “or an unproven demand side response CMU”;

(b) in the definition of “3 year minimum £/kW threshold”, after “a generating CMU” insert “or an unproven demand side response CMU”; and

(c) after the definition of “3 year minimum £/kW threshold” insert—

““auction target capacity” means, in respect of a capacity auction, the portion of the target capacity in relation to the capacity year corresponding to the delivery year for which the capacity auction is to be held which should be used for that capacity auction.”

Commencement Information

I5 Sch. 1 para. 2 in force at 4.7.2020, see reg. 1(2)

Regulation 12 (determination of auction parameters by Secretary of State) E+W+S

3.—(1) After regulation 12(2), insert—

“(2A) When determining under paragraph (1) the auction parameter referred to in regulation 11(1)(b) (auction target capacity) in respect of a T-4 auction and the delivery year for which that T-4 auction is to be held (“delivery year x”), the Secretary of State must—

(a) determine the target capacity for the capacity year corresponding to delivery year x;

(b) determine the target capacity for the capacity year corresponding to delivery year x that should be set aside for the T-1 auction for delivery year x (“the T-1 auction set aside”) in accordance with paragraph (2B); and

(c) deduct the T-1 auction set aside from the target capacity for the capacity year corresponding to delivery year x.

(2B) For the purposes of paragraph (2A)(b), the Secretary of State must determine the T-1 auction set aside by applying a 95% confidence interval around the target capacity for the capacity year corresponding to delivery year x.

(2C) For each T-1 auction, where the delivery year corresponds with delivery year x, the Secretary of State must determine the auction parameter referred to in regulation 11(1)(b) (auction target capacity) to be an amount equal to or greater than 50% of the T-1 auction set aside if previously determined under paragraph (2A)(b) for the T-1 auction for delivery year x.”.

(2) For regulation 12(6), substitute—

“(6) If the auction target capacity determined by the Secretary of State for a T-1 auction or a T-4 auction is different from a recommendation in the electricity capacity report as to the portion of the target capacity that should be used in that capacity auction, the determination must include an explanation of—

(a) the Secretary of State’s reasons for not following that recommendation; and

(b) the basis upon which the Secretary of State has made the determination.”.

(3) After regulation 12(6), insert—

“(7) In this regulation—

“the 95% confidence interval” means the range of values within which the target capacity for a capacity year may be expected to lie with a 0.95 level of probability;

“auction target capacity” has the meaning given in regulation 11(3).”.

Commencement Information

I6 Sch. 1 para. 3 in force at 4.7.2020, see reg. 1(2)

Regulation 13 (adjustment of auction parameters following prequalification) E+W+S

4.—(1) In regulation 13(1), at the beginning insert “Subject to paragraph (1A),”.

(2) After regulation 13(1), insert—

“(1A) If the Secretary of State adjusts the auction parameter referred to in regulation 11(1)(b) (auction target capacity) for a T-1 auction, that auction target capacity must remain equal to or greater than 50% of the T-1 auction set aside if previously determined under regulation 12(2A)(b) for that T-1 auction and delivery year.”.

(3) After regulation 13(2), insert—

“(3) In this regulation, “the T-1 auction set aside” has the meaning given in regulation 12(2A)(b).”.

Commencement Information

I7 Sch. 1 para. 4 in force at 4.7.2020, see reg. 1(2)

PART 3 E+W+S General eligibility criteria

Regulation 15 (general eligibility criteria) E+W+S

5.  In regulation 15(4)(a), for “2MW” substitute “1MW”.

Commencement Information

I8 Sch. 1 para. 5 in force at 4.7.2020, see reg. 1(2)

PART 4 E+W+S Long term STOR CMUs

Regulation 18 (excluded capacity: long term STOR CMUs) E+W+S

6.  Omit regulation 18 (excluded capacity: long term STOR CMUs).

Commencement Information

I9 Sch. 1 para. 6 in force at 4.7.2020, see reg. 1(2)

Regulation 19 (Regulations 16 to 18: interpretation) E+W+S

7.—(1) In the heading of regulation 19, for “to 18”, substitute “and 17”.

(2) In regulation 19, for “to 18”, substitute “and 17”.

Commencement Information

I10 Sch. 1 para. 7 in force at 4.7.2020, see reg. 1(2)

PART 5 E+W+S Demand side response CMUs and applicant credit cover

Regulation 59 (requirement to provide applicant credit cover) E+W+S

8.—(1) In regulation 59(2)—

(a) for “and (2B)”, substitute “, (2B) and (2C)”;

(b) at the beginning of sub-paragraph (a)(i) insert “subject to paragraph (ia),”;

(c) at the end of paragraph (i) omit “and”; and

(d) after paragraph (i) insert—

“(ia) if CMU i is an unproven demand side response CMU, in respect of which the applicant has applied to prequalify to bid for a multi-year capacity obligation and has not yet met the requirements for DSR partial credit cover release in accordance with the Rules, an amount equal to £10,000 per MW of the de-rated capacity of CMU i; and”.

(2) After regulation 59(2B), insert—

“(2C) The applicant credit cover provided under paragraph (1) must, where an applicant which applied to prequalify to bid for a multi-year capacity obligation in respect of an unproven demand side response CMU has met the requirements for DSR partial credit cover release in accordance with the Rules, be reduced to an amount equal to £5,000 per MW of the de-rated capacity of the CMU.”.

(3) After regulation 59(6), insert—

“(7) In this regulation, “DSR partial credit cover release” has the meaning given in the Rules.”.

Commencement Information

I11 Sch. 1 para. 8 in force at 4.7.2020, see reg. 1(2)

PART 6 E+W+S Applicant credit cover provided in respect of the T-3 auction

Regulation 87C (transitory provisions: the T-3 auction) E+W+S

9.  In regulation 87C(2)(c), omit paragraph (i).

Commencement Information

I12 Sch. 1 para. 9 in force at 4.7.2020, see reg. 1(2)

Regulation 4(1)

F2 SCHEDULE 2 E+W+S Modifications to application of Principal Regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 25

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments and modifications to the application of the Electricity Capacity Regulations 2014 (S.I. 2014/2043) (“the Principal Regulations”) and revoke provisions of the Electricity (No. 1) Capacity Regulations 2019 (S.I. 2019/862).

The Principal Regulations make provision for the purpose of meeting consumers’ demands for electricity in Great Britain by establishing a Capacity Market (“the scheme”) under which those who make capacity available (“capacity providers”) can obtain capacity agreements which give capacity providers rights to receive capacity payments (“capacity payments”) and which also impose obligations on capacity providers to provide capacity during one or more specified years (“delivery year”). Capacity agreements are awarded in competitive auctions (“capacity auctions”) held four years ahead of a delivery year (“T-4 auction”) and one year ahead of a delivery year (“T-1 auction”). Demand side response (“DSR”) capacity market units (“CMUs”) can be used to participate in the scheme and may provide capacity by reducing demand for electricity by turning down electricity consuming equipment. Further detailed and technical provision is made by the Capacity Market Rules 2014 (“the Rules”)(4).

Regulation 2 and Schedule 1 to these Regulations amend the Principal Regulations to give effect to commitments made by the UK, which are recorded in the decision of the European Commission on 24th October 2019 (Commission Decision SA.35980 – 2019/C). Part 1 amends the description of a DSR CMU to clarify that a DSR CMU cannot provide capacity primarily by using a storage facility which reduces its import of electricity when charging. Part 2 amends how the Secretary of State determines “target capacity” for auctions including the minimum target capacity to be set aside for each T-1 auction. Part 3 amends the “minimum capacity threshold”, which must be met for a CMU to participate in the scheme, from 2MW to 1MW. Part 4 revokes an exclusion which prevented CMUs which were also subject to long-term short term operating reserve (“STOR”) agreements from participating in the scheme. Part 5 amends provisions relating to the credit cover that must be provided by an unproven DSR CMU which applies to prequalify for a multi-year capacity agreement. Part 6 omits certain modifications made by regulation 87C of the Principal Regulations to relax credit cover requirements for new build CMUs awarded capacity agreements in the one-off three-year ahead auction (“T-3 auction”).

Regulation 3 omits regulations 26 and 35 of the Electricity Capacity (No. 1) Regulations 2019, which modified the application of the Secretary of State’s discretion in regulation 33 of the Principal Regulations in dealing with termination notices and non-completion notices given to capacity providers during the State aid standstill period for the scheme (ended by the Commission Decision referred to above).

Regulation 4 and Schedule 2 modifies the application of the Principal Regulations in respect of the operation of the scheme to take into account the effects of coronavirus on capacity providers’ ability to comply with obligations under capacity agreements. The modifications to regulations 33, 50, 69 and 70 of the Principal Regulations concern, respectively: the exercise of the Secretary of State’s discretion in relation to termination notices; the consequences of failing to meet satisfactory performance requirements; reconsideration by the Delivery Body of “delivery body reviewable decisions” (defined in regulation 68(1) of the Principal Regulations); and appeals of delivery body reviewable decisions to the Gas and Electricity Markets Authority. As some modifications will still apply at the time the Secretary of State is required to undertake the next five-year review of the scheme, regulation 81 of the Principal Regulations is also modified to ensure these Regulations are reviewed in the next review.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2013 c. 32.

(2)

S.I. 2014/2043; relevant amending instruments are S.I. 2014/3354, 2015/875, 2015/1974, 2016/742, 2017/1053, and 2019/1139. S.I.2019/862 makes relevant modifications to the application of the Principal Regulations.

(3)

S.I. 2019/862.

(4)

A consolidated version of the Capacity Market Rules 2014 are at https://www.ofgem.gov.uk/publications-and-updates/publication-consolidated-capacity-market-rules-0. Copies are available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.