Electricity Regulation Act 1999 (Public Service Obligations) Order 2002

Calculation of PSO Levy amount - constituent elements

8

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.

Annotations

Amendments:

F48

Substituted (20.02.2023) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2023 (S.I. No. 119 of 2023), art. 6(a)-(d).

F49

Inserted (5.08.2005) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005 (S.I. No. 511 of 2005), arts. 6, 7.

F50

Inserted (30.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007), arts. 6, 7.

F51

Inserted (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008), art. 9(a), (c).

F52

Inserted (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021), art. 7(a).

F53

Inserted (20.02.2023) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2023 (S.I. No. 119 of 2023), art. 6(e).

F54

Inserted (19.12.2002) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002), art. 7.

F55

Inserted (21.04.2004) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2004 (S.I. No. 174 of 2004), art. 7.

F56

Substituted (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021), art. 7(b).