The Electricity Capacity (Supplier Payment etc.) (Amendment and Excluded Electricity) Regulations 2024

PART 2 CM EII Excluded Electricity

Determination of CM EII excluded electricity

3.—(1) The relevant proportion of electricity which is measured by a meter in respect of which an EII certificate is in force is CM EII excluded electricity, where relevant arrangements apply in relation to that meter.

(2) For the purposes of paragraph (1) the relevant proportion in relation to a meter in respect of which an EII certificate is in force is—

(a) where no EII correction notice in relation to that certificate has effect, the proportion specified in that EII certificate; or

(b) where an EII correction notice has effect in relation to that certificate, the proportion specified in that EII correction notice.

(3) Where the Settlement Body makes a determination under the Supplier Payment Regulations which requires the determination or calculation of the amount of electricity supplied which is CM EII excluded electricity, it must, where possible, base that determination or calculation on information derived from the BSC volume allocation run carried out by the BSCCo most recently before the day on which the electricity was supplied.

Relevant Arrangements

4.—(1) For the purposes of regulation 3, “ relevant arrangements” means arrangements which are approved by the Settlement Body under paragraph (2) or (3)(a), to enable the provision of information to the Settlement Body about the amount of electricity measured by meters in respect of which CM EII certificates are in force.

(2) The Settlement Body must, by 1st July 2024, approve arrangements which it considers will enable the provision of information about the amount of electricity measured by meters in respect of which CM EII certificates are in force.

(3) The Settlement Body must keep the relevant arrangements under review and may—

(a) approve alternative relevant arrangements; or

(b) withdraw approval for relevant arrangements provided that—

(i) it has given six months’ notice or more of the withdrawal of approval to electricity suppliers; and

(ii) it has ensured that, after the withdrawal of approval of those arrangements, there are relevant arrangements which are approved.

(4) The Settlement Body may not approve arrangements as relevant arrangements unless it is satisfied that every electricity supplier is able to participate in such arrangements.

(5) Where the Settlement Body approves relevant arrangements it must publish, in such manner as it considers appropriate for the purpose of bringing it to the attention of electricity suppliers, a document which describes those arrangements.

Information sharing

5.—(1) If the CfD counterparty receives from the Secretary of State any EII correction notice or any notice of issue or revocation of an EII certificate or of a specific occurrence pursuant to regulation 12 or regulation 13 of the Excluded Electricity Regulations, it must provide a copy of that notice to the Settlement Body as soon as reasonably practicable after it receives that notice.

(2) The CfD counterparty may share information with the Settlement Body for the purpose of facilitating the performance of the Settlement Body’s functions under these Regulations.

(3) The Settlement Body and the CfD counterparty may share information with each other for the purpose of ensuring consistency between the operation of these Regulations and the Excluded Electricity Regulations.

(4) The Settlement Body may share information with the Secretary of State for the purpose of facilitating the performance of the Secretary of State’s functions under these Regulations, the Act and the Principal Regulations.

(5) The Settlement Body may share information with the Authority for the purpose of facilitating the performance of the Authority’s functions under the Principal Regulations.

(6) The Settlement Body may share information received pursuant to the relevant arrangements for the purpose of facilitating the performance of its functions under these Regulations, the Supplier Payment Regulations and the Principal Regulations.