Electricity Regulation Act 1999 (Public Service Obligations) Order 2002

F91[SCHEDULE 2

PSO LEVY OR PAYMENT: INVOICING AND COLLECTION, OR PAYMENT, TERMS

1. Each supplier shall invoice the PSO Levy, or credit the PSO Payment, to each final customer to whom they make a supply of electricity in respect of each electricity account held by such final customer with that supplier on the basis of the determination made by the Commission and notified to the supplier pursuant to Article 9(3)(e).

2. Each supplier shall ensure that the PSO Levy is invoiced, or the PSO Payment is credited, to every final customer—

(a) as frequently,

(b) at the same time, and

(c) as part of the same invoice,

as charges for electricity supply are invoiced, with due regard to a supplier’s billing cycles, but in any event no less frequently than once every three months, unless otherwise directed by the Commission.

3. The amount of the PSO Levy or PSO Payment in respect of an electricity account by a final customer in a levy period or payment period, as appropriate, shall be apportioned as directed by the Commission, as far as is practicable, between the invoices to be issued by the supplier in the course of a levy period or payment period, as appropriate, but in any event so as to ensure that the full amount of the PSO Levy or PSO Payment payable by, or to, such final customer in respect of a levy period or payment period shall be so invoiced, or credited, as the case may be, within 3 months of the end of that levy period or payment period.

4. Where a final customer changes its supplier, the full monthly PSO Levy, or PSO Payment, amount for such final customer shall be invoiced, or credited, by the supplier with which that final customer is registered as the holder of an electricity account at the end of the month for which the monthly PSO Levy, or PSO Payment, is due, whether or not the final customer concerned was a customer of the said supplier for a full calendar month and each such invoice shall charge, or credit, the relevant final customer for the PSO Levy, or PSO Payment, amount due in respect of such final customer since its last PSO Levy, or PSO Payment, invoice.

5. Every invoice in respect of the PSO Levy or PSO Payment shall identify the amount of the PSO Levy, or PSO Payment, being invoiced, or credited, separately from every other item being invoiced, and shall refer to the amount as "Public Service Obligations Levy" or "Public Service Obligations Payment".

6. Every final customer invoice in respect of the PSO Levy, or PSO Payment, shall include the following description of the PSO Levy or PSO Payment:

"PUBLIC SERVICE OBLIGATIONS LEVY or PUBLIC SERVICE OBLIGATIONS PAYMENT

This public service obligations levy, and public services obligation payment, relate to the additional costs or benefits that result from the output of certain generating stations using renewable, sustainable or alternative forms of energy. These purchases are made in the interests of environmental protection, in accordance with Public Service Obligations Orders made pursuant to the Electricity Regulation Act 1999 .".

7. Each supplier shall account for, and pay to, the distribution system operator all amounts invoiced in respect of the PSO Levy from final customers connected to the distribution system, but after having deducted the expenses referred to at paragraph 15, and the amount collected from final customers shall be paid to the distribution system operator as, and on dates, determined by the Commission.

8. Each supplier shall receive from the distribution system operator amounts in respect of the PSO Payment after having added the expenses referred to at paragraph 15, under Article 12(c), such amounts and the dates of payment by the distribution system operator of such amounts, to be determined by the Commission from time to time under paragraph 7A.

9. For the purposes of Article 12(c), the distribution system operator shall make payments to suppliers, after deducting the expenses referred to at paragraph 16, of such amounts and on such dates as shall be determined by the Commission. In determining amounts payable by the distribution system operator in respect of the PSO Payment to final customers, the CRU shall have due regard to the following:

(a) the costs and expenses to be deducted under paragraph 16;

(b) the need to ensure that the distribution system operator is in funds to make such payments.

10. Each supplier shall account for, and pay to or collect from, the transmission system operator all amounts invoiced or to be credited in respect of the PSO Levy or PSO Payment from, or to, final customers connected to the transmission system but after having deducted or added, as appropriate, the expenses referred to at paragraph 15, and the amount collected from final customers shall be paid to, or the amount to be credited to final customers received from, the transmission system operator on dates to be determined by the Commission.

11. The Commission shall determine, for the purposes of this Order, whether any category of final customer is considered to be connected to the distribution system or the transmission system.

12. The distribution system operator shall account for, and pay to, the transmission system operator all amounts received by it from suppliers pursuant to paragraph 7, but after having deducted the expenses referred to at paragraph 16, and the amount collected shall be paid to the transmission system operator as, and on dates, determined by the Commission.

13. The distribution system operator shall receive from the transmission system operator all amounts in respect of the PSO Payment to be credited by suppliers to final customers connected to the distribution system, pursuant to paragraph 12, after having added the expenses referred to at paragraph 16, as, and on dates, to be determined by the Commission.

14. The transmission system operator shall account for, and pay to or collect from, the Board and relevant suppliers all amounts received by it from, suppliers and the distribution system operator pursuant to paragraphs 10 and 12 but after having deducted or added, as appropriate, the expenses referred to at paragraph 17, and the amount collected or to be paid shall be paid to the Board on dates determined by the Commission.

15. Each supplier shall be entitled to deduct from, or add to, as appropriate, the amounts to be paid to, or received from, the distribution system operator and the transmission system operator, as the case may be, pursuant to paragraph 7, 8 or 10, an amount equal to the administrative expenses estimated or determined by the Commission as incurred in complying with its duties as—

(a) a collector of the PSO levy, and

(b) a creditor of the PSO Payment,

under this Order, and the amounts so deducted, or added, shall form part of the calculation of the PSO Levy, or PSO Payment, specified in Article 8(1).

16. The distribution system operator shall be entitled to deduct from, or add to, as appropriate, the amount to be paid to, or received from, the transmission system operator pursuant to paragraph 12 or 13, an amount equal to the administrative expenses estimated or determined by the Commission as incurred in complying with its duties as—

(a) a collector of the PSO Levy, and

(b) a creditor of the PSO Payment,

under this Order, and the amounts so deducted, or added, shall form part of the calculation of the PSO Levy, or PSO Payment, specified in Article 8(1).

17. The transmission system operator shall be entitled to deduct from, or add to, as appropriate, the amounts to be paid to, or collected from, the Board and relevant suppliers, as the case may be, pursuant to paragraph 10 or 14, an amount equal to its administrative expenses estimated or determined by the Commission as incurred in complying with its duties as—

(a) a collector of the PSO Levy, and

(b) a creditor of the PSO Payment,

under this Order, and the amounts so deducted, or added, shall form part of the calculation of the PSO Levy, or PSO Payment, specified in Article 8(1).

18. Where a supplier has paid to the distribution system operator or the transmission system operator, as the case may be, an amount in respect of the PSO Levy invoiced to a final customer and the supplier has not received payment of that amount or a part of that amount from the final customer, if the supplier satisfies the Commission that all necessary steps have been taken to recover such amount and that the amount is nonetheless irrecoverable or unlikely to ever be recovered by the supplier, the Commission shall issue a certificate to that effect and the supplier shall thereupon be entitled to treat the amount concerned as an administrative expense referred to in Article 9.

19. Where a supplier, the distribution system operator or the transmission system operator has instituted legal proceedings to recover monies which it is entitled to recover and which include the PSO Levy, or PSO Payment, and

(a) those monies are recovered, wholly or partly, or

(b) the monies, or a part of them, are adjudged by a court of competent jurisdiction to be due and owing to the person who instituted the proceedings,

then the legal costs (assessed on a solicitor and client basis) incurred by the person instituting those proceedings shall be treated as an administrative expense of that person in the same proportion that the PSO Levy, or PSO Payment, bears to the sum recovered or adjudged to be due to the extent that the legal costs are not otherwise recovered.

20. Where the amount of an invoice relating to the supply of electricity is partly paid by a final customer, the PSO Levy or PSO Payment, as the case may be, shall be treated as partly paid in the same proportion as the payment bears to the total amount of the invoice (excluding Value-Added Tax).]

Annotations

Amendments:

F91

Substituted (20.02.2023) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2023 (S.I. No. 119 of 2023), art. 12 and sch. 1.

Editorial Notes:

E50

Previous affecting provision: schedule purported to be substituted (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021), art. 3(c); substituted (20.02.2023) as per F-note above. Note apparent typo in art. 3(c) substituting sch. 2, not sch. 5. Note also reference to previous amendment by Order of 2020, art. 3(b), which appears to refer to S.I. No. 500 of 2020, art. 3(b). See at Sch. 5 below.

E51

Previous affecting provision: para. 6-8 substituted (19.12.2002) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002), art. 11(a), (b), (c); substituted (20.02.2023) as per F-note above.