9. (1) (a) The Commission shall apportion the amount of F57[PSO Levy payable, if any, following the calculation in Article 8, in each levy period] in respect of each category of electricity accounts in the State in accordance with the terms of section 39 and Schedule 2 of the Act, and

(b) the Commission shall compute the basis of the amount of PSO Levy payable in each levy period in respect of each electricity account in the State in accordance with the terms of section 39 and Schedule 2 of the Act.

F58[(1A) (a) The Commission shall apportion the amount of PSO Payment to be credited in each payment period, if any, following the calculation in Article 8, in respect of each category of electricity accounts in the State in accordance with the terms of section 39 and Schedule 2 of the Act.

(b) The Commission shall compute the basis of the amount of PSO Payment to be credited, if any, in each payment period in respect of each electricity account in the State in accordance with the terms of section 39 and Schedule 2 of the Act.]

(2) The PSO Levy in the first levy period to 31 December 2003 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1)and any over recovery or under recovery of those amounts in the period ending on 31 December 2003 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2005.

F60[(2A) The PSO Levy in respect of the requirement imposed pursuant to Article 6A in the levy period to 31 December 2005 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bb) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2005 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2007.]

F60[(2B) The PSO Levy in respect of the requirement imposed pursuant to Article 6B in the levy period to 31 December 2005 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bc) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2005 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2007.]

F60[(2C) The PSO Levy in respect of the requirement imposed pursuant to Article 6A in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bb) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F60[(2D) The PSO Levy in respect of the requirement imposed pursuant to Article 6B in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bc) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F61[(2E) The PSO Levy in respect of the requirement imposed pursuant to Article 6C in the levy period to 31 December 2006 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bd) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2006 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 January 2008.]

F61[(2F) The PSO Levy in respect of the requirement imposed pursuant to Article 6C in the levy period to 31 December 2007 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at subparagraph (bd) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 31 December 2007 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2008.]

F62[(2G) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2008 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2008 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2010.]

F62[(2H) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2009 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2009 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2011.]

F57[(2I) In respect of the obligation imposed by Article 6D in any single levy, or payment, period, the PSO Levy or PSO Payment, as the case may be, shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified in Article 8(1)(be) and any over recovery, or under recovery, of those amounts in that levy, or payment, period shall be taken into account in setting the amount of the PSO Levy or PSO Payment in respect of the levy, or payment in a future levy, or payment, period.]

F57[(2J) In respect of the obligation imposed by Article 6E in any single levy, or payment, period, the PSO Levy or PSO Payment, as the case may be, shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the additional costs, or benefits, and expenses specified in Article 8(1)(bf) and any over recovery, or under-recovery, of those amounts in that levy, or payment, period shall be taken into account in setting the amount of the PSO Levy or PSO Payment in respect of the levy, or payment, in a future levy, or payment, period.]

(3) F57[The following arrangements shall apply in relation to the PSO Levy or PSO Payment, as the case may be, in respect of each subsequent levy, or payment, period:]

(a) F63[At least 5 months prior to the commencement of] a levy period, the Board shall provide the Commission with an estimate of the total amount of the additional costs, calculated in accordance with the method specified for determination of such costs in the Notification F64[or the AER V Notification] F65[or the AER VI Notification] F60[or the Short-Term Peaking Generation Notification] F61[or the Generation Contracts Notification], that the Board estimates it will incur in the forthcoming levy period in complying with its obligations under this Order and the Board shall separately identify within its aggregate estimates, separate estimates for:

(i) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 5,

(ii) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6,

F60[(iii) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6A,]

F60[(iv) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6B,]

F61[(v) the additional costs, which will be incurred by the Board in the levy period concerned in complying with the obligation imposed on it by Article 6C.]

F66[(ab)(i) At least 5 months prior to the commencement of a F57[levy, or payment, period] each relevant supplier shall provide the CER with an estimate of the F57[additional costs and benefits], calculated in accordance with the method specified for determination of such costs in the REFIT Contracts Notification as applied by CER in any relevant decision on the calculation of REFIT costs that such supplier estimates it will incur in the next F57[levy, or payment, period] in complying with its obligations under this Order in respect of each REFIT power purchase agreement to which it is a party.

(ii) A relevant supplier may only receive payment from the F57[PSO Levy or PSO Payment fund, as the case may be] in respect of each REFIT PPA to which it is a party in any given F57[levy, or payment, period] when the specific REFIT PPA is specified in column 2 of the Schedule 3, 4 or 5 and when the relevant supplier—

(I) has been included in both the F57[PSO levy and payment decision] taken by the CER for the specific F57[levy, or payment, period], and

(II) is included in column 3 of Schedule 3, 4 or 5.]

F57[(ac) (i) At least 5 months prior to the commencement of a levy, or payment, period each relevant supplier shall provide the Commission with an estimate of the additional costs or benefits, calculated in accordance with the method specified for determination of such costs, or benefits, in the RESS Contracts Notification, or as applied by the Commission in any relevant decision on the calculation of RESS costs or benefits that such supplier estimates it will incur, or receive, in the next levy, or payment, period, as the case may be, in complying with its obligations under this Order in respect of each RESS PPA to which it is a party.

(ii) A relevant supplier may only receive payment from the PSO Levy or PSO Payment fund, as the case may be, in respect of each RESS PPA to which it is a party in any given levy, or payment, period when the specific RESS project is specified in Schedule 6 and when the relevant supplier—

(I) has been included in both the PSO levy and payment decision taken by the Commission for the specific levy period, and

(II) has commenced generation or, as determined by the Commission, is in a position to commence generating.]

(b) F63[At least 5 months prior to the commencement of] a F57[levy, or payment, period] -

(i) all suppliers,

(ii) the distribution system operator, and

(iii) the transmission system operator

shall provide the Commission with an estimate of the amount of the administrative expenses that each such person estimates it will incur in the forthcoming F57[levy, or payment, period] in complying with its duties under this Order together with such further information as the Commission may specify.

(c) F63[At least 3 months prior to the commencement of a F57[levy, or payment, period]] the Commission shall notify all suppliers, the Board, the distribution system operator and the transmission system operator of-

F57[(i) its estimate in respect of the forthcoming levy or payment period of the total amount of the PSO Levy or PSO Payment, as the case may be, and of each component making up—

(I) that levy, or

(II) that payment,

as specified in Article 8(1),]

(ii) its estimate in respect of any over recovery or under recovery of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1) in any earlier F57[levy, or payment, period],

(iii) the proportion of the maximum demand attributed to each category of electricity accounts pursuant to section 39 of the Act,

(iv) the basis of the calculation of the amount to be F57[paid by, or credited, to, final customers] in each category in respect of the forthcoming F57[levy, or payment, period], and

F57[(v) its estimate of the PSO Levy or PSO Payment amount per electricity account for Domestic Accounts and Small Accounts and the PSO Levy or PSO Payment per kVA of maximum import capacity for Medium-Large Accounts.]

(d) Each notified person may make representations to the Commission within 15 days of receiving the notice referred to in paragraph (3)(c) and the Commission shall have due regard to any representations made.

(e) The Commission shall make a final determination of-

F57[(i) its estimate in respect of the forthcoming levy, or payment, period of the total amount of the PSO Levy or PSO Payment, as the case may be, and of each component making up—

(I) that levy, or

(II) that payment,

as specified in Article 8(1),]

(ii) its estimate in respect of any over recovery or under recovery of the amounts required to meet the costs and expenses specified at F59[subparagraphs (a) to (d)] of Article 8(1) in any earlier F57[levy, or payment, period],

(iii) the proportion of the maximum demand attributed to each category of electricity accounts pursuant to section 39 of the Act,

(iv) the basis of the calculation of the amount to be F57[paid by, or credited to, final customers] in each category in respect of the forthcoming F57[levy, or payment, period],

F57[(v) its estimate of the PSO Levy or PSO Payment, as the case may be, per electricity for Domestic Accounts and Small Accounts and the PSO Levy or PSO Payment per kVA of maximum import capacity for Medium-Large Accounts,]

F57[(f) The PSO Levy or PSO Payment, as the case may be, shall be allocated among final customers pursuant to paragraph (1) of this Article, collected pursuant to Article 11, accounted for pursuant to Articles 12 and 13 and paid by, or credited to, final customers pursuant to Article 16 on the basis of the determination of the Commission notified in accordance with paragraph (3)(e),]

F67[(g) The Commission shall notify all suppliers, the Board, the distribution system operator and the transmission system operator of any change to the commencement F57[date of a levy period, or payment period, at least] 6 months in advance of that date.]

F58[(4) Where, during a levy period or payment period, the Commission estimates the amounts required to meet the PSO Levy or PSO Payment as previously calculated in accordance with Article 8(1) are likely to differ significantly from—

(a) the estimates provided to it in accordance with Article 9(3), or

(b) the amounts in respect of the PSO Levy or PSO payment actually received, or likely to be received, into the levy, or payment, fund,

the Commission may—

(i) revise their determination of the levy or payment amount for the remainder of the levy period or payment period concerned in accordance with paragraph (3)(e), and

(ii) notify all suppliers, the Board, the distribution system operator and the transmission system operator accordingly,

and Articles 11 to 13, and 16, shall apply on the basis of the Commission’s redetermination.]

F58[(5) Where, during a levy period or payment period, the Commission becomes aware of significant inaccuracies in the estimates previously provided to it in accordance with paragraph (3), the Commission may request a supplier to provide a new estimate for that levy period or payment period in regard to a specified project.]