Electricity Regulation Act 1999

Public service obligations.

39

39.—(1) The Minister, following consultation with the Minister for the Environment and Local Government, shall by order direct the Commission to impose on the Board and holders of licences or authorisations, or holders of a permit under section 37 of the Principal Act, public service obligations which may include obligations in relation to—

( a) security of supply,

( b) regularity, quality and price of supplies,

F331 [ ( c ) environmental protection, including energy efficiency and climate protection, and ]

( d) use of indigenous energy sources.

(2) Notwithstanding the generality of subsection (1), an order made by the Minister under this section may require the Commission to impose on F332 [ the Board, the holder of a licence, the holder of an authorisation or the holder of a permit under section 37 of the Principal Act ] a requirement to make such arrangements F333 [ as are necessary to ensure that, in any specified period, ] there shall be available to F334 [ the Board, the holder of a licence, the holder of an authorisation or the holder of a permit under section 37 of the Principal Act ] F335 [ ] from—

( a) generating stations which use as their primary energy fuel source peat harvested within the State provided that the amount of peat used in any calendar year to F333 [ generate that electricity ] may not exceed 15 per cent. of the overall primary energy necessary to produce the electricity consumed in the State that year, and

( b) generating stations chosen as a result of a competitive process established by the Minister, the Commission or the Commission of the European Communities, as the case may be, which use as their primary fuel source such renewable, sustainable or alternative forms of energy as may be specified in the order or which operate as combined heat and power plants.

(3) Notwithstanding the generality of subsection (1), an order made under this section may provide for—

( a) the imposition of a public service obligation on F336 [ the Board, the holder of a licence, the holder of an authorisation or the holder of a permit under section 37 of the Principal Act ] in respect of electricity which is produced using indigenous fuel or renewable, sustainable or alternative forms of energy as their primary source or which operate as combined heat and power plants as a result of a competitive process established by the Minister or the Commission of the European Communities prior to this enactment, and

( b) measures designed to encourage effective and efficient use of electricity and to reduce demand for electricity.

(4) The Minister shall send a copy of an order made under F337 [ this section, ] to the Commission of the European Communities not later than 28 days after the making of the order.

(5) Subject to subsection (6), an order under this section shall provide for—

( a) the recovery, by way of a levy on final customers F338 [ ], of the additional costs including a reasonable rate of return on the capital represented by such costs, where appropriate, incurred by the Board or holders of a licence or an authorisation F339 [ or holders of a permit under section 37 of the Principal Act ] in complying with an order under F340 [ this section ] including costs incurred after the variation or revocation of such an order,

F341 [ ( b ) the collection and recovery of payments in respect of the levy

(i) from final customers by the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act,

(ii) from the Board or such holders of a licence, authorisation or permit by the distribution system operator or the transmission system operator, and

(iii) from the distribution system operator by the transmission system operator, ]

( c) the making, out of such payments so collected, of payments to the Board and holders of licences or authorisations, F342 [ or holders of permits under section 37 of the Principal Act ] as appropriate.

F343 [ (5A) ( a ) The levy referred to in paragraph ( a ) of subsection (5) shall be imposed on final customers in respect of a levy period in such a manner that

(i) the levy is apportioned between each category of electricity accounts specified in paragraph 1 of Schedule 2 on the basis of the maximum demand attributable to that category of accounts as a proportion of the aggregate of the maximum demand attributable to each of the three categories of accounts, and

(ii) each holder of an electricity account who is a final customer is charged and liable to pay the levy in respect of each electricity account on the basis set out in paragraph 2 of Schedule 2 .

( b ) The attribution of the maximum demand in respect of each category of electricity account shall be carried out by the distribution system operator with the approval of the Commission in respect of each levy period.

( c ) In this subsection levy period means a calendar year or such shorter period as may be specified in the order. ]

(6) An order made under this section which, in accordance with subsection (5), provides for the recovery of additional costs referred to in that subsection shall provide that such costs shall be recovered in respect of a F344 [ specified period ] and that the amount to be paid in respect of each year F345 [ or part of a year ] in that period to the Board or to a holder of a licence or an authorisation F346 [ or the holder of a permit under section 37 of the Principal Act ] shall be the amount of the additional costs certified by the Commission as having been incurred by the Board or such holder of a licence or an authorisation F346 [ or the holder of a permit under section 37 of the Principal Act ] in accordance with the order.

(7) An order made under this section may—

( a) impose requirements (whether as to the furnishing of records or other information or the affording of facilities for the examination and testing of meters or otherwise) on the Board and on holders of licences or authorisations,

( b) provide for the times at which payments are to be made (whether payments by way of levy or payments to the Board and holders of licences or authorisations), and

( c) require the amount of any overpayment or underpayment which is made by or to any person to be set off against or added to any subsequent liability or entitlement of that person.

F347 [ (8) The Minister shall exercise the powers conferred by this section so as to ensure that the sums realised by the levy or otherwise are sufficient (after the payment of the administrative expenses, as certified by the Commission, of the Board and holders of licences or authorisations or holders of permits under section 37 of the Principal Act incurred in the collection of the levy) to pay to the Board and holders of licences or authorisations or holders of permits under section 37 of the Principal Act the payment required to be made by the order. ]

(9) The Minister may by order, amend or revoke an order made under this section including an order made under this subsection but such amendment or revocation shall be without prejudice to the continued operation of the order in respect of additional costs of the type referred to in subsection (5) which the Commission certifies in respect of each year or part thereof of the unexpired part of the specified period of years to have been reasonably incurred notwithstanding the amendment or revocation.

(10) A draft of the order proposed to be made under this section shall be given by the Minister to the person or persons upon whom the obligation is to be imposed one month before the order is made.

(11) For the purposes of orders made under this section, “public service obligation” means an obligation placed on electricity undertakings which takes account of general social, economic and environmental factors.

F348 [ (12) In making an order under this section, the Minister shall have regard for the need for public service obligations to be imposed in a non-discriminatory and transparent manner. ]

Annotations

Amendments:

F331

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(a), subject to transitional provision in reg. 40.

F332

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(b), subject to transitional provision in reg. 40.

F333

Substituted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(a)(i), (iii), commenced on enactment.

F334

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(b), commenced on enactment.

F335

Deleted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(a)(ii), commenced on enactment.

F336

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(b), subject to transitional provision in reg. 40.

F337

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(c), subject to transitional provision in reg. 40.

F338

Deleted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(b)(i), commenced on enactment.

F339

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(c)(i), commenced on enactment.

F340

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No 60 of 2005), reg. 22(d), subject to transitional provision in reg. 40.

F341

Substituted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(b)(ii), commenced on enactment.

F342

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(c)(ii), commenced on enactment.

F343

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(d), commenced on enactment.

F344

Substituted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(e)(ii), commenced on enactment.

F345

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(e)(iii), commenced on enactment.

F346

Inserted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(e)(i), commenced on enactment.

F347

Substituted (27.02.2002) by Sustainable Energy Act 2002 (2/2002), s. 32(f), commenced on enactment.

F348

Inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 22(e), subject to transitional provision in reg. 40.

Modifications (not altering text):

C39

Application of section modified (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 26, commenced as per reg. 1(2)(b) and notice in Iris Oifigiúil of 22 June 2001, No. 50 p. 822.

Public service obligations

26. (1) For the purposes of an order made under section 39 of the Act of 1999 any obligation which the Commission is directed by the Minister to impose on the Board in relation to any functions assigned by virtue of these Regulations to:

(a) the transmission system operator,

(b) the distribution system operator, or

(c) the transmission system owner,

shall be regarded—

(i) in the case of subparagraph (a), as an obligation on the transmission system operator and not the Board,

(ii) in the case of subparagraph (b) as an obligation on the distribution system operator licensed under section 14(1)(g) of the Act of 1999, and

(iii) in the case of subparagraph (c) as an obligation on the transmission system owner licensed under section 14(1)(f) of the Act of 1999.

...

Editorial Notes:

E112

Power pursuant to section exercised (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021).

E113

Power pursuant to section exercised (2.11.2020) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2020 (S.I. No. 500 of 2020).

E114

Power pursuant to section exercised (27.02.2020) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2020 (S.I. No. 56 of 2020).

E115

Power pursuant to section exercised (29.09.2019) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2019 (S.I. No. 497 of 2019).

E116

Power pursuant to section exercised (27.09.2018) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2018 (S.I. No. 403 of 2018).

E117

Power pursuant to section exercised (13.10.2017) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2017 (S.I. No. 459 of 2017).

E118

Power pursuant to section exercised (8.12.2016) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2016 (S.I. No. 600 of 2016).

E119

Power pursuant to section exercised (11.12.2015) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2015 (S.I. No. 556 of 2015).

E120

Power pursuant to section exercised (19.12.2014) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2014 (S.I. No. 603 of 2014).

E121

Power pursuant to section exercised (25.10.2013) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 (S.I. No. 421 of 2013).

E122

Power pursuant to section exercised (31.10.2012) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2012 (S.I. No. 438 of 2012).

E123

Power pursuant to section exercised (28.09.2011) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2011 (S.I. No. 513 of 2011).

E124

Power pursuant to section exercised (3.11.2010) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2010 (S.I. No. 532 of 2010).

E125

Power pursuant to section exercised (3.11.2009) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2009 (S.I. No. 444 of 2009).

E126

Power pursuant to section exercised (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008).

E127

Power pursuant to section exercised (30.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No 2) Order 2007 (S.I. No. 583 of 2007).

E128

Power pursuant to section exercised (14.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2007 (S.I. No. 582 of 2007).

E129

Power pursuant to section exercised (5.08.2005) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005 (S.I. No. 511 of 2005).

E130

Power pursuant to section exercised (20.07.2005) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2005 (S.I. No. 380 of 2005).

E131

Power pursuant to section exercised (21.04.2004) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2004 (S.I. No. 174 of 2004).

E132

Power pursuant to section exercised (19.12.2002) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002).

E133

Power pursuant to section exercised (23.05.2002) by Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 (S.I. No. 217 of 2002).

E134

Previous affecting provision: subs. (5)(b) substituted (20.06.2001) by European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000), reg. 26(3), in effect as per reg. 1(2)(b) and notice in Iris Oifigiúil of 22 June 2001, No. 50 p. 822; substituted as per F-note above.