Electricity Regulation Act 1999 (Public Service Obligations) Order 2002
Certification of PSO Levy
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.]
Annotations
Amendments:
F68
Substituted (14.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2007 (S.I. No. 582 of 2007), art. 2(h).
F69
Substituted (20.02.2023) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2023 (S.I. No. 119 of 2023), art. 8(a)(i)-(iii), (b).
F70
Substituted (30.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007), art. 10.
F71
Inserted (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008), art. 11(a).
F72
Inserted (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021), art. 9.
F73
Substituted (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008), art. 11(b).
Editorial Notes:
E25
Previous affecting provision: sub-art. (2) amended (14.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2007 (S.I. No. 582 of 2007), art. 2(i); substituted (20.02.2023) as per F-note above.
E26
Previous affecting provision: sub-art. (1)(a) amended (5.08.2005) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005 (S.I. No. 511 of 2005), art. 10; substituted (30.07.2007) as per F-note above.