1. This Order may be cited as the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002.

2. (1) In this Order-

“Act” means the Electricity Regulation Act 1999, as amended;

F1["AER V Notification" means the correspondence referred to in paragraph 1 of EU Commission document C(2002) 3 fin dated 15 January 2002 relating to a notification to the EU Commission (Reference No. N553/2001 – Ireland) pursuant to Article 88 of the Treaty, as modified by the letter from the Department to the EU Commission dated 20 July 2018 and the letter from the EU Commission to the Department dated 30 August 2018 relating to a notification to the EU Commission (Reference No. SA.50385 (2018/PN));]

F1["AER VI Notification" means the correspondence referred to in paragraph 1 of EU Commission document C(2002) 3 fin dated 15 January 2002 relating to a notification to the EU Commission (Reference No. N553/2001 – Ireland) pursuant to Article 88 of the Treaty and the correspondence referred to in paragraph 1 of EU Commission document C(2004) 3284 dated 19 August 2004 relating to a notification to the EU Commission (Reference No. N447/2003 – Ireland) pursuant to Article 88 of the Treaty, as modified by the letter from the Department to the EU Commission dated 20 July 2018 and the letter from the EU Commission to the Department dated 30 August 2018 relating to a notification to the EU Commission (Reference No. SA.50385 (2018/PN));]

F2["bioliquids" means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass;]

F3["biomass fuels" means gaseous and solid fuels produced from biomass;]

F4["CADA" means a capacity and differences agreement between the Board and a third party power producer and includes alternative arrangements prepared pursuant to that agreement and in accordance with its terms;]

“category” means a category of electricity account holders referred to in section 39(5A) and specified in Schedule 2 of the Act;

F5["CER" means the Commission for Energy Regulation;]

F6["commercial operation date" means, in respect of a particular PPA, the commercial operation date specified in the PPA concerned;]

“Commission” means the Commission for Energy Regulation (CER) established by the Act;

F7["Department" means the Department of Communications, Climate Action and Environment;]

“distribution system operator” means the holder of a licence granted under Section 14(1)(g) of the Act to discharge the functions of the distribution system operator;

“EU Commission” means the Commission of the European Communities;

F4["Generation Contracts Notification" means the correspondence referred to in paragraph 1 of EU Commission C(2003) 4488 fin dated 16 December 2003 relating to a notification to the EU Commission (Reference No. N475/2003-Ireland) pursuant to Article 87 of the Treaty and subsequent correspondence between the Irish authorities and the EU Commission in relation to that EU Commission document;]

F8[ "generator" means a person who is the holder of a licence to generate electricity under section 14(1)(a) of the Act;]

F9["levy period" means such period as the Commission may from time to time designate following public consultation; ]

F1["Notification" means the correspondence referred to at paragraphs 1 to 4 of EU Commission document C(2001) 3265 fin dated 30 October 2001 and at paragraphs 1 and 2 of EU Commission document C(2002) 5 fin dated 15 January 2002 relating to a notification to the EU Commission (Reference Nos. N6/A/2001 and N826/2001 – Ireland) pursuant to Articles 16 and 86 of the Treaty, as modified by the letter from the Department to the EU Commission dated 20 July 2018 and the letter from the EU Commission to the Department dated 30 August 2018 relating to a notification to the EU Commission (Reference No. SA.50385 (2018/PN));]

F10["payment period" means one particular public service obligations payment period;]

“PPA” means a power purchase agreement between the Board and a third party power producer;

“public service obligations levy” means the levy referred to in Article 7 of this Order;

F10["public service obligations payment" means the payment referred to in Article 7A;]

F5["REFIT 1" means the 2006 Renewable Energy Feed in Tariff (electricity generation from biomass, hydro and wind) scheme, as referred to in State Aid Decision C (2007) 4317 final reference N571/2006 Ireland;]

F5["REFIT 2" means the 2012 Renewable Energy Feed in Tariff (electricity generation from onshore wind, hydro and biomass landfill gas technologies) scheme, as referred to in State Aid Decision C(2012) 8 final reference SA. 31236 (2011/N) Ireland;]

F1["REFIT 3" means the 2012 Renewable Energy Feed in Tariff (electricity generation from biomass technologies) scheme, as referred to in State Aid Decision C(2011) 7593 final reference SA. 31861 (2011/N) Ireland;]

F1["REFIT Contracts Notification" means the correspondence referred to in paragraph 1 of EU Commission document C(2007) 4317 dated 25 September 2007 relating to a notification to the EU Commission (Reference No. N571/2006 – Ireland) pursuant to Article 88 of the Treaty, the correspondence referred to in paragraph 1 of EU Commission document C(2012) 8 final dated 12 January 2011 (sic) relating to a notification to the EU Commission (Reference No. SA.31236 (2011/N) – Ireland) pursuant to Article 108 of the Treaty, or the correspondence referred to in paragraph 1 of EU Commission document C(2011) 7593 final dated 18 October 2011 relating to a notification to the EU Commission (Reference No. SA. 31861 (2011/N) Ireland) pursuant to Article 108 of the Treaty, as each modified by the letter from the Department to the EU Commission dated 20 July 2018 and the letter from the EU Commission to the Department dated 30 August 2018 relating to a notification to the EU Commission (Reference No. SA.50385 (2018/PN));]

F11["REFIT power purchase agreement" means a power purchase agreement (entered into as a consequence of REFIT 1, REFIT 2 or REFIT 3) between a generator that has been accepted into REFIT 1, REFIT 2 or REFIT 3 and a supplier;]

F12["relevant supplier" means a supplier who has entered into a REFIT power purchase agreement or a RESS power purchase agreement, and references to a relevant supplier, where the context so requires, include a generator that is jointly or severally liable for a PSO Payment as a result of additional benefits under the terms and conditions of the relevant RESS competition;]

F13["RESS" means the Renewable Electricity Support Scheme, as referred to in State Aid Decision SA.54683 (2020/N) – Ireland, as modified by State Aid Decision SA. 105135;]

F13["RESS Contracts Notification" means the correspondence referred to in paragraph (1) of the European Commission document entitled ‘C(2020) 4795 final’ dated 20 July 2020 and at paragraph (1) of the European Commission entitled C(2023) 3963 final dated 12 June 2023 relating to a notification to that Commission (Reference no. SA.54683 (2020/N) – Ireland) pursuant to Article 108(3) of the Treaty on the Functioning of the European Union as modified by the letter from the Department of the 27 April 2023 and the letter of the Commission of the 13 June 2023 (Reference No SA.105135 – Ireland TCTF Amendment to SA.54683);]

F14["Short-Term Peaking Generation Notification" means the correspondence referred to in paragraph 1 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 relating to a notification to the EU Commission (Reference No. N143/2004-Ireland) pursuant to Articles 86 and 87 of the Treaty;]

F5["single levy period" means one particular levy period;]

“supplier” means the holder of a licence granted under Section 14, subsection (1)(a) (b), (c) and (d), and subsection (2) of the Act and the Board, and the holder of a permit under Section 37 of the Principal Act, in respect of the supply of electricity to final customers;

“transmission system operator” means the holder of a licence under Section 14(1)(e) of the Act of 1999 to discharge the functions of the transmission system operator or the Board in its capacity as ESB National Grid, as appropriate.

(2) In this Order-

(a) a reference to an Article or Schedule is to an Article of, or Schedule to this Order, unless it is indicated that reference to some other Order is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) (a) For the purposes of Article 8(1)(a) and Article 10(1)(a) “additional costs” includes costs incurred by the Board in complying with its obligations under Article 5(1)(a) and (b) incurred by it either before or after the making of this Order and which are not otherwise recovered.

(b) Nothing in F15[subparagraph (a)] shall entitle the Board to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the Notification and this Order.

F14[(3A) (a) For the purposes of Article 8(1)(bb) and (bc) and Article 10(1)(a) "additional costs" includes costs incurred by the Board in complying with its obligations under Article 6A or 6B incurred by it either before or after the coming into operation of this paragraph and which are not otherwise recovered.

(b)  Nothing in subparagraph (a) shall entitle the Board to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the Short-Term Peaking Generation Notification and this Order.]

F4[(3B) (a) For the purposes of Article 8(1) (bd) and Article 10(1)(a) "additional costs" includes costs incurred by the Board in complying with its obligations under Article 6C either before or after the coming into operation of this paragraph and which are not otherwise recovered.

(b) nothing in subparagraph (a) shall entitle the Board to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the Generation Contracts Notification and this Order.]

F11[(3C) (a) For the purposes of Article 8(1)(be) and Article 10(1)(a) "additional costs" includes costs incurred by a supplier in complying with its obligations under Article 6D either before or after the coming into operation of this paragraph and which are not otherwise recovered.

(b) Nothing in subparagraph (a) shall entitle a supplier to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the REFIT Contracts Notification, as applied by CER in any relevant decision on the calculation of REFIT costs and this Order.]

F16[(3D) (a) For the purposes of Articles 8(1)(bf) and 10(1)(a), "additional costs" includes costs incurred by a supplier in complying with its obligations under Article 6E either before or after the coming into operation of this paragraph and which are not otherwise recovered.

(b) Nothing in subparagraph (a) shall entitle a supplier to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the RESS Contracts Notification, as applied by the Commission in any relevant decision on the calculation of RESS costs, and this Order.]

(4) In respect of the first levy period, a reference in Article 8(1) to administrative expenses of suppliers, the distribution system operator or the transmission system operator in the period concerned shall be construed as including administrative expenses which were incurred prior to the first levy period which relate to the introduction and implementation of the PSO Levy.

F6[(5) In respect of the first levy period, the estimation of the PSO Levy shall include an amount in respect of the additional costs of the Board in complying with the obligation to be imposed by Article 6(1A) prior to the first levy period.]

F17[3. The Commission for Energy Regulation is directed to impose public service obligations—

(a) on the Board, to the extent that by virtue of this Order the obligations are to be imposed on the Board, and

(b) on suppliers, to the extent that by virtue of this Order the obligations are to be imposed on such suppliers,

in the terms set out in this Order.]

4. (1) The period of the public service obligations shall -

(a) as respects the obligations to be imposed pursuant to Article 5(1)(a) and (b), commence on the making of this Order,

F18[(b) as respects the obligations to be imposed pursuant to Article 5(1)(c) and (d) and Article 6(1), commence on 1 January 2003,]

F19[(bb) as respects the obligations to be imposed pursuant to Article 6(1A) commence as respects each PPA specified in Schedule 1A on the commercial operation date applicable to the F20[the PPA concerned,]]

F21[(bbb) as respects the obligations to be imposed pursuant to Article 6(1B), commence as respects each PPA specified in Schedule 1B on the commercial operation date applicable to the PPA concerned, and]

(c) as respects the obligation to be imposed pursuant to Article 5(1)(e) commence on such date or dates as will enable the Board to bring the generating stations into operation not later than the respective dates referred to in Article 5(1)(a) and (b),

and subject to the provisions of paragraph (2) and Articles 5 and 6, shall continue until 31 December 2019.

F22[(1A) The period of the public service obligation to be imposed pursuant to Article 6A commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1C), continues until 1 May 2006.]

F22[(1B) The period of the public service obligation to be imposed pursuant to Article 6B commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1D) and the terms of the contract specified in paragraph 2 of Part 1 of Schedule 1C, continues until 1 May 2006.]

F22[(1C) Notwithstanding paragraph (1A) the public service obligation imposed pursuant to Article 6A shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.]

F22[(1D) Notwithstanding paragraph (1B) the public service obligation imposed pursuant to Article 6B shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.]

F23[(1E) The period of the public service obligations to be imposed pursuant to Article 6C commences, as respects a particular CADA, on the date specified in column (3) of Part 3 of Schedule 1C which relates to such CADA, and, subject to paragraph (1F), continues until the date specified in column (4) of Part 3 of Schedule 1C.]

F23[(1F) (a) Subject to subparagraphs (b) and (c), and notwithstanding paragraph (1E) the public service obligations imposed pursuant to Article 6C shall not continue for a period in excess of 10 years as respects any particular CADA.

(b) The period of 10 years referred to in subparagraph (a) need not be a continuous or uninterrupted period where, by reason of force majeure as described in the CADA concerned, the period is interrupted.

(c) Notwithstanding subparagraphs (a) and (b), the obligations imposed pursuant to Article 6C shall not as respects any particular CADA continue beyond the date specified in column (5) of Part 3 of Schedule 1C which relates to such CADA.]

F24[(1G) The period of the public service obligations to be imposed pursuant to Article 6D shall commence in respect of a REFIT power purchase agreement listed in column 2 of Schedule 3, 4 or 5—

(a) in the case of a generator not registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations, on the date on which the supplier purchases output which is exported for the purposes of distribution or transmission from the plant of the generator,

(b) in the case of a generator registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations and a supplier registered as the intermediary for that generator, on the date on which the supplier purchases output which is exported for the purposes of transmission or distribution from the plant of the generator,

(c) in the case of REFIT 1 not later than 30 September 2015,

and

F25[(d) in the case of REFIT 2, not later than 31 March 2020.]]

F26[(1H) The period of the public service obligations to be imposed pursuant to Article 6E shall commence in respect of a RESS generator listed in column 2 of Schedule 6 -

(a) in the case of a generator not registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations, on the date on which the supplier purchases output which is exported for the purposes of distribution or transmission from the plant of the generator, and

(b) in the case of a generator registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations and a supplier registered as the intermediary for that generator, on the date on which the supplier purchases output which is exported for the purposes of transmission or distribution from the plant of the generator.]

F18[(2) Notwithstanding paragraph (1) the public service obligations shall not continue in respect of a particular PPA beyond -

(a) the date specified in column (3) of Part 1 of Schedule 1,

(b) the date specified in column (4) of Part 3 of F20[Schedule 1,]

(c) whichever of the dates referred to in Article 6(3) first occurs, F21[or]

F21[(d) whichever of the dates referred to in Article 6(5) first occurs,]

as it applies to the PPA concerned.]

5. (1) There shall be imposed by the Commission on the Board a requirement to take such steps and make such arrangements as are necessary-

(a) construct and commission the peat generating station specified at paragraph 2 of Part 2of Schedule 1 in such manner as to ensure that such station is in operation not later than 28 February 2005, which station shall when constructed use indigenous peat as its primary energy fuel source and to ensure that, when constructed, and subject to the provisions of this Order, throughout the period referred to in Article 4, which relates to that generating station, the Board has available to it the amount of electricity generated by that generating station; and

(b) to construct and commission the peat generating station specified at paragraph 3 of Part 2 of Schedule 1 in such manner as to ensure that such station is in operation not later than 1 January 2005, which station shall when constructed use indigenous peat as its primary energy fuel source and to ensure that, when constructed, and subject to the provisions of this Order, throughout the period referred to in Article 4, which relates to that generating station, the Board has available to it the amount of electricity generated by that generating station; and

(c) to secure that, with effect from 1 January 2003, the Board has available to it and purchases the amount of electricity generated by the generating station the subject matter of the PPA referred to in Part 1 of Schedule 1 being a generating station which uses indigenous peat as its primary energy fuel source, and to ensure that, subject to the provisions of this Order, throughout the period referred to in Article 4 the Board has available to it the amount of electricity generated by that generating station; and

(d) to secure that, with effect from 1 January 2003, subject to paragraph (2) the Board has available to it and purchases the amount of electricity generated by the generating stations referred to in paragraph 1 of Part 2 of Schedule 1 being generating stations which use indigenous peat as their primary energy fuel source, and to ensure that, subject to the provisions of this Order, throughout the period referred to in Article 4 the Board has available to it the amount of electricity generated by those generating stations, and

(e) to purchase such amount of peat harvested within the State as is required to generate the electricity to be produced by the generating stations referred to in F27[subparagraphs (a) and (b)] on terms having equivalent economic effect (as determined by the Commission) as the terms of the fuel supply agreement made between Bord na Mona and Edenderry Power Limited which agreement relates to the generating station referred to at paragraph 1 of Part 1 of Schedule 1,

provided that the amount of peat used in any calendar year to generate that electricity shall not exceed 15 per cent of the overall primary energy necessary to produce the electricity consumed in the State in that year.

(2) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraph 1 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity from any of the individual stations for a period beyond the date specified in paragraph 4.16 of the Notification as the projected closure date in respect of each station concerned.

(3) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraphs 2 and 3 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity for a period in excess of 15 years and in any event not beyond 31 December 2019.

(4) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraph 1 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity from the Rhode U3 generating unit, the Board, having determined that the generating unit concerned is beyond economic repair.

6. (1) There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it and purchase electricity generated pursuant to the contracts listed in Part 3 of Schedule 1 for the respective terms of those contracts.

F28[(1A) There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it and purchase electricity generated pursuant to the PPAs listed in Schedule 1A for the respective terms of those contracts.]

F29[(1B) There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it and purchase electricity generated pursuant to the PPAs listed in Schedule 1B for the respective terms of those contracts.]

(2) The obligation referred to in paragraph (1) shall not in any event continue beyond 31 December 2014.

F28[(3) The period of the obligation referred to in paragraph (1A) as respects an individual generating station shall determine:

(a) on 31 December 2018,

(b) on the date nominated by a third party producer to the Board as the date upon which the generating station concerned specified in Schedule 1A will cease to supply electricity to the Board in accordance with the terms of the PPA concerned, or

(c) on the date which is 15 years from the date of commercial operation of the generating station concerned,

whichever first occurs.]

F28[(4) The obligation on the Board to have available to it and purchase, as appropriate, the electricity generated by the stations specified in Schedule 1A shall not require the Board to have available to it, or purchase, as appropriate, such electricity from any individual station -

(a) where the station is not generating electricity for supply to the Board, or

(b) after the date nominated by a third party producer to the Board as the date upon which a station specified in Schedule 1A will cease to supply electricity to the Board in accordance with the terms of the PPA.]

F30[(5) The period of the obligation referred to in paragraph (1B) shall—

(a)  as respects an individual generating station specified in Part 1 of Schedule 1B determine—

(i)  on 31 December 2019, or

(ii)  on the date which is 15 years from the date of commercial operation of the generating station concerned,

whichever first occurs,

(b)  as respects and individual generating station specified in Part 2 of Schedule 1B, determine—

(i)  on 31 December 2021, or

(ii)  on the date which is 15 years from the date of commercial operation of the generating station concerned,

whichever first occurs,

and

(c)  as respects an individual generating station specified in Part 3 of Schedule 1B determine—

(i)  on 31 December 2016, or

(ii)  on the date which is 10 years from the date of commercial operation of the generating station concerned,

whichever first occurs.]

F29[(6) The obligation on the Board to have available to it, and purchase, as appropriate, the electricity generated by the stations specified in Schedule 1B shall not require the Board to have available to it, or purchase, as appropriate, such electricity from any individual station where the station is not generating electricity for supply to the Board.]

F29[(7) Notwithstanding Article 6(5), where a contract is specified in Schedule 1A and Schedule 1B which relates to the same generating station, the obligation of the Board shall determine on the date which is 15 years from the date of first commercial operation of the generating station concerned.]

6A. (1) There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it short-term peaking capacity and purchase electricity so generated by the peaking generation units listed in paragraph 1 of Part 1 of Schedule 1C.

(2)  The obligation to have available to it, and purchase as appropriate, the electricity generated by the generating stations referred to at paragraph 1 of Part 1 of Schedule 1C shall not require the Board to have available to it, and purchase, as appropriate, such electricity beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.]

6B. (1) There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it and purchase as appropriate capacity and electricity pursuant to the VIPP Capacity and Energy Agreement dated 17 July 2003 specified in paragraph 2 of Part 1 of Schedule 1C.

(2)  The obligation to have available to it, and purchase as appropriate, the electricity generated pursuant to the contract referred to at paragraph 2 of Part 1 of Schedule 1C shall not require the Board to have available to it, and purchase, as appropriate, such electricity beyond the date—

(a)  which is certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004 2632 fin dated 14 July 2004) have commenced commercial operation, or

(b)  on which the contract specified in paragraph 2 of Part 1 of Schedule 1C is determined pursuant to the terms of that contract.]

6C. (1) There shall be imposed by the Commission on the Board a requirement that the Board, subject to the provisions of this Article, make payments in accordance with the CADAs referred to at Part 3 of Schedule 1C, for the respective terms of those contracts.

(2) Subject to paragraphs (3) and (4), the obligation to make payments in accordance with the CADAs referred to at Part 3 of Schedule 1C, shall not, as respects the counterparty to a particular CADA, require the Board to make such payments for a period in excess of 10 years.

(3) The period of 10 years referred to in paragraph (2) need not be a continuous or uninterrupted period where, by reason of force majeure as described in the CADA concerned, the period is interrupted.

(4) Notwithstanding paragraphs (2) and (3) the obligation referred to in paragraph (1) shall not as respects a particular CADA continue beyond the date specified in column (5) of Part 3 of Schedule 1C which relates to such CADA.

(5) Notwithstanding paragraphs (1) to (4) the obligation of the Board to make payments in accordance with the CADAs shall, as respects a particular CADA, stand amended, if at any time prior to the termination date specified at column (4) or (5) of Part 3 of Schedule 1C, the counterparty specified in column (1) of Part 3 of Schedule 1C exercises its right to reduce the quantity of electricity in respect of which it is obliged to declare availability under the CADA so that the obligation of the Board in respect of such CADA shall thereafter be limited to making payments in respect of such reduced quantity of electricity.]

F35[6D. (1) There shall be imposed by the Commission on each supplier specified in column (3) a requirement that pursuant to the REFIT power purchase agreement specified at that reference number, such supplier have available to it and purchase the electricity generated by the generation plant specified at that reference number in column (5), by the generator specified at that reference number in column (4), which electricity shall be generated from the energy source specified at that reference number in column (6) and which electricity is the subject of the REFIT power purchase agreement concerned.

F36[(2) The obligation imposed pursuant to paragraph (1) shall not, as respects a supplier referred to in column (3), require that supplier to have available to it and purchase the electricity concerned—

(a) for a period in excess of F37[15 years,]

(b) in the case of—

(i) REFIT 1, after 31 December 2027,

(ii) REFIT 2, after F37[31 December 2030,]

(iii) REFIT 3, after 31 December 2030.]

(c) F38[…]

F39[(d) where a generator has generated electricity from bioliquids and where the generator has not satisfied the Commission that the bioliquids have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).]

F40[(e) where a generator has generated electricity from biomass fuels and where the generator has not satisfied the Commission that the biomass fuels have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).]

(3) A reference in this Article to a column is a reference to a column of the Table in Schedule 3, 4 or 5.]]

6E. (1) There shall be imposed by the Commission on each supplier specified in column (3) of Schedule 6 a requirement that, pursuant to the RESS PPA for the project specified in column (2) at that reference number, such supplier have available to it and purchase the electricity generated by the generator specified at that reference number in column (4), which electricity shall be generated from the energy source specified at that reference number in column (5) and which electricity is the subject of the RESS PPA concerned.

(2) The obligation imposed pursuant to paragraph (1) shall not, as respects a supplier specified in column (3), require that supplier to have available to it and purchase the electricity concerned after the termination of the RESS PPA concerned by the generator specified in column (4) at that reference number in accordance with the terms of that agreement which shall be in conformity with the RESS Contracts Notification.

(3) A reference in this Article to a column is a reference to a column of the Table in Schedule 6.]

7. F42[(1) Following a calculation by the Commission under Article 8 that results in an additional cost, there shall be a levy in respect of the matters provided for in this Order, which shall be known as the public service obligations levy, and is in this Order referred to as the PSO Levy, which levy shall be estimated, calculated, adjusted, collected, monitored, certified, accounted for and paid in accordance with the provisions of this Order.]

(2) The PSO Levy shall commence on 1 January 2003.

(3) F43[Subject to F44[paragraphs (4) and (5)], F42[the PSO Levy or PSO Payment, as the case may be, imposed by this Article and Article 7A respectively]] shall terminate no later than 31 December 2021.

F45[(4) In respect of the obligation imposed by Article 6D F42[the PSO Levy or PSO Payment, as the case may be, imposed] shall terminate—

(a) in the case of REFIT 1, no later than 31 December 2029,

(b) in the case of REFIT 2, no later than 31 December 2034, and

(c) in the case of REFIT 3, no later than 31 December 2032.]

F46[(5) In respect of the obligation imposed by Article 6E, F42[the PSO Levy or PSO Payment, as the case may be, imposed] shall terminate not later than the end of the period specified in the terms and conditions of the relevant RESS competition.]

7A. Following a calculation by the Commission under Article 8 that results in an additional benefit, a payment shall be made in respect of the matters provided for in this Order, which shall be known as the public service obligations payment, in this Order referred to as the PSO Payment, which shall be estimated, calculated, adjusted, collected, monitored, certified, accounted for and paid in accordance with the provisions of this Order.]

8. (1) F48[The amount of the PSO Levy or PSO Payment in respect of a particular levy, or payment, period, as the case may be, shall] be the aggregate of

(a) F48[the additional costs of, or additional benefits to,] the Board in the period concerned in complying with the obligation imposed on it by Article 5, as determined by the Commission pursuant to Article 9;

(b) F48[the additional costs of, or additional benefits to,] the Board in the period concerned in complying with the obligation imposed on it by Article 6, as determined by the Commission pursuant to Article 9;

F49[(bb) F48[the additional costs of, or additional benefits to,] the Board in the period concerned in complying with the obligation imposed on it by Article 6A, as determined by the Commission pursuant to Article 9;]

F49[(bc) F48[the additional costs of, or additional benefits to,] the Board in the period concerned in complying with the obligation imposed on it by Article 6B, as determined by the Commission pursuant to Article 9;]

F50[(bd) F48[the additional costs of, or additional benefits to,] the Board in the period concerned in complying with the obligation imposed on it by Article 6C, as determined by the Commission pursuant to Article 9;]

F51[(be) F48[the additional costs of, or additional benefits to,] suppliers in the period concerned in complying with the obligation imposed on it by Article 6D, as determined by the Commission pursuant to Article 9;]

F52[(bf) F48[the additional costs of, or additional benefits to,] suppliers in the period concerned in complying with the obligation imposed on it by Article 6E, as determined by the Commission pursuant to Article 9;]

(c) the administrative expenses incurred by suppliers and the distribution system operator in the period concerned in F48[collecting payment of the PSO Levy, or making the PSO Payment,] as determined by the Commission pursuant to Article 9;

(d) the administrative expenses incurred by the transmission system operator in the period concerned in F48[collecting payment of the PSO Levy, or making the PSO Payment,] as determined by the Commission pursuant to F48[Article 9;]

F53[(e) the over, or under, recovery of additional costs or of additional benefits, arising in a previous payment period or levy period.]

(2) Additional costs of the Board shall not be included in the determination of additional costs by the Commission-

(a) unless those costs are in accordance with the method for determination of costs provided for in the Notification F54[or the AER V Notification] F55[or the AER VI Notification] F49[or the Short-Term Peaking Generation Notification] F50[or the Generation Contracts Notification] F51[or the F56[the REFIT Contracts Notification or the RESS Contracts Notification]], and

(b) where the costs arise as a result of the operation of a power station specified in paragraph 1 of Part 2 of Schedule 1 beyond the date projected for closure of that station and which date is specified at paragraph 4.16 of the Notification.

(3) The closure costs relating to the Rhode U3 generating unit provided for in the Notification shall be treated as additional costs for the purposes of paragraph 1(a) in such earlier levy period or periods as they are actually incurred.

(4) Where costs have been incurred by the Board in complying with the obligations imposed on it by Article 5(1)(a) and (b) and due to reasons outside the control of the Board (to the satisfaction of the Commission) compliance with the terms of those obligations is prevented, such costs shall be treated by the Commission as additional costs of the Board in complying with its obligations under Article 5(1)(a) and (b) subject to any obligation on the Minister to notify the EU Commission of the circumstances and subject to a favourable decision being obtained in respect of such notification.

9. (1) (a) The Commission shall apportion the amount of F57[PSO Levy payable, if any, following the calculation in Article 8, in each levy period] in respect of each category of electricity accounts in the State in accordance with the terms of section 39 and Schedule 2 of the Act, and

(b) the Commission shall compute the basis of the amount of PSO Levy payable in each levy period in respect of each electricity account in the State in accordance with the terms of section 39 and Schedule 2 of the Act.

F58[(1A) (a) The Commission shall apportion the amount of PSO Payment to be credited in each payment period, if any, following the calculation in Article 8, in respect of each category of electricity accounts in the State in accordance with the terms of section 39 and Schedule 2 of the Act.

(b) The Commission shall compute the basis of the amount of PSO Payment to be credited, if any, in each payment period in respect of each electricity account in the State in accordance with the terms of section 39 and Schedule 2 of the Act.]

(2) The PSO Levy in the first levy period to 31 December 2003 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1)and any over recovery or under recovery of those amounts in the period ending on 31 December 2003 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2005.

F60[(2A) The PSO Levy in respect of the requirement imposed pursuant to Article 6A in the levy period to 31 December 2005 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bb) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2005 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2007.]

F60[(2B) The PSO Levy in respect of the requirement imposed pursuant to Article 6B in the levy period to 31 December 2005 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bc) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2005 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2007.]

F60[(2C) The PSO Levy in respect of the requirement imposed pursuant to Article 6A in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bb) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F60[(2D) The PSO Levy in respect of the requirement imposed pursuant to Article 6B in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bc) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F61[(2E) The PSO Levy in respect of the requirement imposed pursuant to Article 6C in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bd) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F61[(2F) The PSO Levy in respect of the requirement imposed pursuant to Article 6C in the levy period to 31 December 2007 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bd) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2007 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2008.]

F62[(2G) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2008 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2008 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2010.]

F62[(2H) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2009 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2009 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2011.]

F57[(2I) In respect of the obligation imposed by Article 6D in any single levy, or payment, period, the PSO Levy or PSO Payment, as the case may be, shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified in Article 8(1)(be) and any over recovery, or under recovery, of those amounts in that levy, or payment, period shall be taken into account in setting the amount of the PSO Levy or PSO Payment in respect of the levy, or payment in a future levy, or payment, period.]

F57[(2J) In respect of the obligation imposed by Article 6E in any single levy, or payment, period, the PSO Levy or PSO Payment, as the case may be, shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the additional costs, or benefits, and expenses specified in Article 8(1)(bf) and any over recovery, or under-recovery, of those amounts in that levy, or payment, period shall be taken into account in setting the amount of the PSO Levy or PSO Payment in respect of the levy, or payment, in a future levy, or payment, period.]

(3) F57[The following arrangements shall apply in relation to the PSO Levy or PSO Payment, as the case may be, in respect of each subsequent levy, or payment, period:]

(a) F63[At least 5 months prior to the commencement of] a levy period, the Board shall provide the Commission with an estimate of the total amount of the additional costs, calculated in accordance with the method specified for determination of such costs in the Notification F64[or the AER V Notification] F65[or the AER VI Notification] F60[or the Short-Term Peaking Generation Notification] F61[or the Generation Contracts Notification], that the Board estimates it will incur in the forthcoming levy period in complying with its obligations under this Order and the Board shall separately identify within its aggregate estimates, separate estimates for:

(i) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 5,

(ii) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6,

F60[(iii) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6A,]

F60[(iv) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6B,]

F61[(v) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6C.]

F66[(ab)(i) At least 5 months prior to the commencement of a F57[levy, or payment, period] each relevant supplier shall provide the CER with an estimate of the F57[additional costs and benefits], calculated in accordance with the method specified for determination of such costs in the REFIT Contracts Notification as applied by CER in any relevant decision on the calculation of REFIT costs that such supplier estimates it will incur in the next F57[levy, or payment, period] in complying with its obligations under this Order in respect of each REFIT power purchase agreement to which it is a party.

(ii) A relevant supplier may only receive payment from the F57[PSO Levy or PSO Payment fund, as the case may be] in respect of each REFIT PPA to which it is a party in any given F57[levy, or payment, period] when the specific REFIT PPA is specified in column 2 of the Schedule 3, 4 or 5 and when the relevant supplier—

(I) has been included in both the F57[PSO levy and payment decision] taken by the CER for the specific F57[levy, or payment, period], and

(II) is included in column 3 of Schedule 3, 4 or 5.]

F57[(ac) (i) At least 5 months prior to the commencement of a levy, or payment, period each relevant supplier shall provide the Commission with an estimate of the additional costs or benefits, calculated in accordance with the method specified for determination of such costs, or benefits, in the RESS Contracts Notification, or as applied by the Commission in any relevant decision on the calculation of RESS costs or benefits that such supplier estimates it will incur, or receive, in the next levy, or payment, period, as the case may be, in complying with its obligations under this Order in respect of each RESS PPA to which it is a party.

(ii) A relevant supplier may only receive payment from the PSO Levy or PSO Payment fund, as the case may be, in respect of each RESS PPA to which it is a party in any given levy, or payment, period when the specific RESS project is specified in Schedule 6 and when the relevant supplier—

(I) has been included in both the PSO levy and payment decision taken by the Commission for the specific levy period, and

(II) has commenced generation or, as determined by the Commission, is in a position to commence generating.]

(b) F63[At least 5 months prior to the commencement of] a F57[levy, or payment, period] -

(i) all suppliers,

(ii) the distribution system operator, and

(iii) the transmission system operator

shall provide the Commission with an estimate of the amount of the administrative expenses that each such person estimates it will incur in the forthcoming F57[levy, or payment, period] in complying with its duties under this Order together with such further information as the Commission may specify.

(c) F63[At least 3 months prior to the commencement of a F57[levy, or payment, period]] the Commission shall notify all suppliers, the Board, the distribution system operator and the transmission system operator of-

F57[(i) its estimate in respect of the forthcoming levy or payment period of the total amount of the PSO Levy or PSO Payment, as the case may be, and of each component making up—

(I) that levy, or

(II) that payment,

as specified in Article 8(1),]

(ii) its estimate in respect of any over recovery or under recovery of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1) in any earlier F57[levy, or payment, period],

(iii) the proportion of the maximum demand attributed to each category of electricity accounts pursuant to section 39 of the Act,

(iv) the basis of the calculation of the amount to be F57[paid by, or credited, to, final customers] in each category in respect of the forthcoming F57[levy, or payment, period], and

F57[(v) its estimate of the PSO Levy or PSO Payment amount per electricity account for Domestic Accounts and Small Accounts and the PSO Levy or PSO Payment per kVA of maximum import capacity for Medium-Large Accounts.]

(d) Each notified person may make representations to the Commission within 15 days of receiving the notice referred to in paragraph (3)(c) and the Commission shall have due regard to any representations made.

(e) The Commission shall make a final determination of-

F57[(i) its estimate in respect of the forthcoming levy, or payment, period of the total amount of the PSO Levy or PSO Payment, as the case may be, and of each component making up—

(I) that levy, or

(II) that payment,

as specified in Article 8(1),]

(ii) its estimate in respect of any over recovery or under recovery of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1) in any earlier F57[levy, or payment, period],

(iii) the proportion of the maximum demand attributed to each category of electricity accounts pursuant to section 39 of the Act,

(iv) the basis of the calculation of the amount to be F57[paid by, or credited to, final customers] in each category in respect of the forthcoming F57[levy, or payment, period],

F57[(v) its estimate of the PSO Levy or PSO Payment, as the case may be, per electricity for Domestic Accounts and Small Accounts and the PSO Levy or PSO Payment per kVA of maximum import capacity for Medium-Large Accounts,]

F57[(f) The PSO Levy or PSO Payment, as the case may be, shall be allocated among final customers pursuant to paragraph (1) of this Article, collected pursuant to Article 11, accounted for pursuant to Articles 12 and 13 and paid by, or credited to, final customers pursuant to Article 16 on the basis of the determination of the Commission notified in accordance with paragraph (3)(e),]

F67[(g) The Commission shall notify all suppliers, the Board, the distribution system operator and the transmission system operator of any change to the commencement F57[date of a levy period, or payment period, at least] 6 months in advance of that date.]

F58[(4) Where, during a levy period or payment period, the Commission estimates the amounts required to meet the PSO Levy or PSO Payment as previously calculated in accordance with Article 8(1) are likely to differ significantly from—

(a) the estimates provided to it in accordance with Article 9(3), or

(b) the amounts in respect of the PSO Levy or PSO payment actually received, or likely to be received, into the levy, or payment, fund,

the Commission may—

(i) revise their determination of the levy or payment amount for the remainder of the levy period or payment period concerned in accordance with paragraph (3)(e), and

(ii) notify all suppliers, the Board, the distribution system operator and the transmission system operator accordingly,

and Articles 11 to 13, and 16, shall apply on the basis of the Commission’s redetermination.]

F58[(5) Where, during a levy period or payment period, the Commission becomes aware of significant inaccuracies in the estimates previously provided to it in accordance with paragraph (3), the Commission may request a supplier to provide a new estimate for that levy period or payment period in regard to a specified project.]

10. (1) F68[No later than 7 months after the end of each F69[levy, or payment, period]-]

(a) the Board shall provide to the Commission details of the actual additional costs incurred by it in complying with the obligation imposed on it by F70[Articles 5, 6, 6A, 6B and 6C], and

F71[(ab) each supplier on whom an obligation is imposed by Article 6D shall provide the Commission details of the actual F69[additional benefits or costs] incurred by that supplier in complying with the obligation imposed on it by that Article, and]

F72[(ac) each supplier on whom an obligation is imposed by Article 6E shall provide details to the Commission of the actual F69[additional benefits or costs] incurred by that supplier in complying with the obligation imposed on it by that Article, and]

(b) suppliers, the distribution system operator and the transmission system operator shall provide details to the Commission of the actual administrative expenses incurred by them and referred to in Article 8(1)(c) and (d),

together in each case with a separate auditors' certificate, F73[detailing the actual amounts of the costs and expenses referred to in subparagraphs (a), (ab) and (b)], as appropriate, and certifying that the costs and expenses in question have been incurred and the amounts recorded have been properly extracted from the books and records of the company.

F69[(2) Within 60 days of the receipt of all the information referred to in paragraph (1), the Commission shall certify the total amount of the PSO Levy or PSO Payment, as the case may be, in respect of the period concerned and shall separately certify the amount of each constituent element of—

(a) that levy, or

(b) that payment,

as specified in Article 8(1).]

F69[(3) If the amount of any of the constituent elements mentioned in paragraph (2), in respect of a levy, or payment, period as certified by the Commission pursuant to paragraph (2) differs from the amount determined by the Commission pursuant to Article 7, 7A or Article 9(3)(e) as forming part of the PSO Levy or PSO Payment, as the case may be, in respect of the period concerned, the determination of the amount due in respect of the levy for the levy period, or payment for the payment period, next commencing shall be adjusted to provide for the over recovery or under recovery of the PSO Levy or PSO Payment in the earlier levy period, or payment period, concerned.]

11. It shall be the duty of each supplier to—

(a) account to the Commission, the transmission system operator or distribution system operator, as appropriate, for all transactions relating to the PSO Levy or PSO Payment,

(b) pay any additional benefits due under Article 8(1) to the transmission system operator,

(c) invoice final customers for the PSO Levy or credit final customers for the PSO Payment on the basis notified to them by the Commission,

(d) collect from final customers the amount of the PSO Levy or credit to final customers the amount of the PSO Payment payable in respect of each such final customer account in accordance with the provisions of Schedule 2, and

(e) pay to the transmission system operator or distribution system operator, as appropriate, all amounts invoiced by such supplier in respect of the PSO Levy.]

12. It shall be the duty of the distribution system operator, in accordance with Schedule 2, to—

(a) account to the Commission or transmission system operator, as appropriate, for all transactions relating to the PSO Levy or PSO Payment,

(b) collect from suppliers payments of the PSO Levy paid by final customers,

(c) pay to the transmission system operator all appropriate amounts received by it in respect of the PSO Levy from suppliers, collected from final customers connected to the distribution system,

(d) receive from the transmission system operator amounts received in respect of the PSO Payment, and

(e) pay to suppliers the amount of the PSO Payment to be credited to connected final customers connected to the distribution system, in respect of each supplier supplier’s distribution, as appropriate in each case.]

13. It shall be the duty of the transmission system operator, in accordance with Schedule 2, to—

(a) account to the Commission for all transactions relating to the PSO Levy or PSO Payment,

(b) collect any additional benefits due, under Article 8(1) from the Board or relevant suppliers connected to the transmission system, as applicable,

(c) collect from suppliers payments of the PSO Levy paid by final customers connected to the transmission system,

(d) pay to suppliers the amount in respect of the PSO Payment to be credited to final customers connected to the transmission system, as appropriate,

(e) receive from the distribution system operator amounts received in respect of the PSO Levy, and

(f) pay to the distribution system operator the amounts in respect of the PSO Payment to be paid to suppliers.]

14. F77[…]

15. F78[…]

16. It shall be the duty of each final customer, which duty is owed to the electricity supplier which invoices such customer, to pay to that supplier the amount of the PSO Levy properly invoiced to such customer in accordance with this Order.

17. It shall be the duty of the distribution system operator and transmission system operator to inform the Commission if the level of payments received by them in respect of the PSO Levy or PSO Payment is materially different from that anticipated by the Commission as being payable in respect of a particular levy period or payment period, as the case may be, and advised by the Commission to them and of the measures being taken to recover amounts due.]

18. A supplier, the distribution system operator and the transmission system operator may recover as a simple contract debt in any court of competent jurisdiction, any amount due and owing in respect of the PSO Levy or PSO Payment, from each person who has, by virtue of this Order, a duty to pay the PSO Levy or PSO Payment to such supplier, the distribution system operator, the transmission system operator or the final customer, as the case may be.]

19. (1) Each person, other than a final customer, who has any duties imposed on him or her pursuant to this Order shall submit a document to the Commission for approval in such form as may be required by the Commission from time to time specifying the procedures which he or she will adopt in order to comply with those duties and, when approved by the Commission, shall comply with those procedures.

F81[(2) The document mentioned in paragraph (1) shall specify such procedures as may be necessary or expedient in order to secure the proper performance by each such person of his or her duties pursuant to this Order, including the following:

(a) in the case of the Board or suppliers, as the case may be, in respect of the following:

(i) the procedures according to which each constituent element of the PSO Levy or PSO Payment specified in Article 8(1) of this Order will be estimated;

(ii) the dates by which those persons will provide the information required by this Order to the Commission and the format in which such information shall be supplied;

(b) in the case of suppliers, the procedures suppliers propose to adopt in respect of the following:

(i) for the invoicing of the PSO Levy or crediting of the PSO Payment to final customers, including the format of invoices;

(ii) for ensuring the collection of the PSO Levy from, or crediting of the PSO Payment to, final customers;

(iii) for calculating their administrative expenses involved in the collection of the PSO Levy or crediting of the PSO Payment;

(iv) for making or collecting payments of amounts in respect of the PSO Levy collected from, or PSO Payments to be credited to, the distribution system operator and transmission system operator, as appropriate;

(c) in the case of the distribution system operator, the procedures which the distribution system operator proposes to adopt in respect of the following:

(i) for the collection and recovery of amounts in respect of the PSO Levy from suppliers who collect it from final customers connected to the distribution system payments of amounts in respect of the PSO Payment, in accordance with Schedule 2, to suppliers who credit the PSO Payment to final customers connected to the distribution system;

(ii) for the calculation of its administrative expenses involved in the collection of the PSO Levy or payment of the PSO Payment;

(iii) for the onward payment of amounts received in respect of the PSO Levy to the transmission system operator;

(d) in the case of the transmission system operator, the procedures which the transmission system operator proposes to adopt in respect of the following:

(i) for the collection and recovery of amounts in respect of the PSO Levy from suppliers who collect it from final customers connected to the transmission system, or for the collection and recovery of amounts in respect of the PSO Payment from relevant suppliers, and from the distribution system operator;

(ii) for the calculation of its administrative expenses involved in the collection of the PSO Levy or payment of the PSO Payment;

(iii) for the payment of amounts in respect of the PSO Levy or collection of amounts in respect of the PSO Payment from the Board or supplier.]

(3) A document referred to in paragraphs (1) and (2) which has been approved by the Commission in accordance with paragraph (1) may, with the consent of the Commission, be modified from time to time.

(4) A document referred to in paragraphs (1) and (2) which has been approved by the Commission in accordance with paragraph (1) shall, at the request of the Commission, made in compliance with the Notification and the provisions of this Order, be modified from time to time in accordance with the request of the Commission.

20. It shall be the duty of each person who has duties pursuant to this Order to provide such information and documents to the Commission as it may require from time to time for the purpose of ensuring that each such person complies with his or her duties under this Order, including without limitation, information and evidence regarding amounts invoiced, received, accounted for and paid by him or her pursuant to his or her duties under this Order and the administrative expenses incurred by him or her, as appropriate in relation to the performance of his or her duties under this Order.

21. The Commission shall direct that the transmission system operator, where applicable give priority of dispatch to generating stations, the output of which is the subject of this Order.

22. There shall be imposed by the Commission on the transmission system operator a requirement to make such arrangements as are necessary to administer a competitive process, established by the Minister, to ensure that, in any specified period, there shall be available to a supplier electricity from generating stations which use as their primary fuel source renewable, sustainable or alternative forms of energy.]