Electricity Regulation Act 1999 (Public Service Obligations) Order 2002

S.I. No. 217 of 2002

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) ORDER 2002

REVISED

Updated to 1 August 2025

This Revised Statutory Instrument is an administrative consolidation of the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Statute Law Revision Act 2025 (10/2025), enacted 23 July 2025, and all statutory instruments up to and including Air Pollution Act 1987 (Solid Fuels, Moisture Content) (Amendment) Regulations 2025 (S.I. No. 389 of 2025), made 1 August 2025, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

S.I. No. 217 of 2002

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) ORDER 2002

REVISED

Updated to 1 August 2025

TABLE OF CONTENTS

1.

Citation

3

2.

Interpretation

3

3.

Direction to the Commission for Energy Regulation

8

4.

Period of public service obligations

8

5.

Public service obligation for Peat

11

6.

Public service obligation for Renewable, Sustainable or Alternative forms of energy

12

6A.

Public service obligation for short-term peaking capacity

14

6B.

Public service obligation for short-term capacity

14

6C.

Public service obligation for generation contracts

15

6D.

Public service obligation for REFIT contracts

15

6E.

Public service obligation for RESS contracts

16

7.

Public service obligation Levy

17

7A.

Public service obligations payment

17

8.

Calculation of PSO Levy amount - constituent elements

18

9.

Estimation of PSO Levy

19

10.

Certification of PSO Levy

25

11.

Duty of suppliers with regard to PSO Levy and PSO Payment

26

12.

Duty of distribution system operator with regard to PSO Levy and PSO Payment

27

13.

Duty of transmission system operator with regard to PSO Levy or PSO Payment

27

14.

Duty of distribution system operator to account to transmission system operator for PSO levy (Deleted)

27

15.

Duty of transmission system operator to account to Board for PSO Levy (Deleted)

28

16.

Duty of final customers to pay PSO Levy

28

17.

Duty of distribution system operator and transmission system operator to inform Commission as to level of PSO Levy amounts received or PSO Payment amounts made

28

18.

Recovery of PSO Levy amounts due or PSO Payment amounts made

28

19.

CER supervision

29

20.

Provision of information

30

21.

Transmission system operator duty of priority dispatch of generating stations

30

22.

Public service obligation on the transmission system operator

30

SCHEDULE 1

Part 1.

Edenderry Power Ltd. peat powered generating station referred to in Article 5

Part 2.

ESB's peat powered generating stations referred to in Article 5

Part 3.

Renewable, Sustainable or Alternative Energy contracts referred to in Article 6

SCHEDULE 1A (Deleted)

SCHEDULE 1B

SCHEDULE 1C

SCHEDULE 2

PSO Levy: invoicing and collection terms

Renewable, Sustainable or Alternative Energy

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

S.I. No. 217 of 2002

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) ORDER 2002

REVISED

Updated to 1 August 2025

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 39 of the Electricity Regulation Act 1999 (No. 23 of 1999) (as amended by the European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000) and the Sustainable Energy Act 2002 (No. 2 of 2002)), in consideration of general social, economic and environmental factors and following consultation with the Minister for the Environment and Local Government, and having, in accordance with section 39(10) of the Electricity Regulation Act 1999, given a draft of this Order to the Electricity Supply Board, being the person upon whom the obligations are to be imposed, hereby order as follows: