Electricity Regulation Act 1999 (Public Service Obligations) Order 2002

F33[Public service obligation for generation contracts

6C

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.]

Annotations

Amendments:

F33

Inserted (30.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007), art. 5.