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.]