S.I. No. 511/2005 - Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005


S.I. No. 511 of 2005 .

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) (AMENDMENT) (NO. 2) ORDER 2005.

I, NOEL DEMPSEY, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 39 of the Electricity Regulation Act 1999 (No. 23 of 1999) and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental and Ministerial Functions) Order 2002 ( S.I. No. 300 of 2002 (and as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister Order 2002 ( S.I. No. 307 of 2002 )), in consideration of general social, economic and environmental factors and following consultation with the Minister for the Environment Heritage and Local Government, and having, in accordance with section 39(10) of the Electricity Regulation Act 1999 given a draft of this Order to the Electricity Supply Board being the person upon whom the obligations are to be imposed, hereby order as follows:

1.  This Order may be cited as the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2 Order 2005.

2.  In this Order “Principal Order” means the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ).

3.  (1)  Article 2(1) of the Principal Order is amended—

(a)  by inserting after the definition of “public service obligations levy” the following:

“ ‘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;”.

(2)  Article 2 of the Principal Order is amended by the insertion after paragraph (3) of the following paragraph:

“(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.”.

4.  Article 4 of the Principal Order is amended by the insertion after paragraph (1) of the following paragraphs:

“(1A)  The period of the public service obligation to be imposed pursuant to Article 6A commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1C), continues until 1 May 2006.

(1B)  The period of the public service obligation to be imposed pursuant to Article 6B commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1D) and the terms of the contract specified in paragraph 2 of Part 1 of Schedule 1C, continues until 1 May 2006.

(1C)  Notwithstanding paragraph (1A) the public service obligation imposed pursuant to Article 6A shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.

(1D)  Notwithstanding paragraph (1B) the public service obligation imposed pursuant to Article 6B shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.”.

5.  The Principal Order is amended by the insertion after Article 6 of the following Articles:

Public service obligation for short-term peaking capacity

6A.  (1)  There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it short-term peaking capacity and purchase electricity so generated by the peaking generation units listed in paragraph 1 of Part 1 of Schedule 1C.

(2)  The obligation to have available to it, and purchase as appropriate, the electricity generated by the generating stations referred to at paragraph 1 of Part 1 of Schedule 1C shall not require the Board to have available to it, and purchase, as appropriate, such electricity beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.

Public service obligation for short-term capacity

6B.  (1)  There shall be imposed by the Commission on the Board a requirement that the Board take such steps and make such arrangements as may be necessary to have available to it and purchase as appropriate capacity and electricity pursuant to the VIPP Capacity and Energy Agreement dated 17 July 2003 specified in paragraph 2 of Part 1 of Schedule 1C.

(2)  The obligation to have available to it, and purchase as appropriate, the electricity generated pursuant to the contract referred to at paragraph 2 of Part 1 of Schedule 1C shall not require the Board to have available to it, and purchase, as appropriate, such electricity beyond the date—

(a)  which is certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004 2632 fin dated 14 July 2004) have commenced commercial operation, or

(b)  on which the contract specified in paragraph 2 of Part 1 of Schedule 1C is determined pursuant to the terms of that contract.”.

6.  Article 8(1) of the Principal Order is amended by the insertion after subparagraph (b) of the following sub-paragraphs:

“(bb) the additional costs of 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;

(bc) the additional costs of 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;”.

7. Article 8(2)(a) of the Principal Order is amended by the insertion after “or the AER VI Notification” of the following:

“or the Short-Term Peaking Generation Notification,”.

8. Article 9 of the Principal Order is amended by the insertion of the following paragraphs after paragraph (2):

“(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.

(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.

(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.

(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.”.

9.  Article 9(3)(a) of the Principal Order is amended—

(a)  by the insertion after “or the AER VI Notification” of the following:

“or the Short-Term Peaking Generation Notification”,

and

(b)  by the insertion of the following clauses after clause (ii):

“(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,

(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,”.

10. Article 10(1)(a) of the Principal Order is amended by the substitution of “Articles 5, 6, 6A, and 6B” for “Articles 5 and 6”.

11.  Paragraph 1 of Part 2 of Schedule 1 to the Principal Order is amended, as respects the closure date of the Bellacorick U1 and U2 power plants, by substituting “2005” for “2004”.

12.  The Principal Order is amended by inserting, after Schedule 1B, the matter in the Schedule to this Order as Schedule 1C to the Principal Order.

SCHEDULE

“SCHEDULE 1C

PART 1

Short-term Peaking Generation

1. Temporary generating units:

(1)

(2)

Location

Capacity (MW)

Aghada, Co. Cork

52

Tawnaghmore, Co. Mayo

52

Rhode, Co. Offaly

104

2. Contract for capacity and energy over the interconnector with Northern Ireland Electricity.

(1)

(2)

(3)

Contract

Name of Legal Counter Party

Capacity (MW)

VIPP Capacity and Energy Agreement dated 17 July 2003

Northern Ireland Electricity Plc (NIE)

167

PART 2

1.  New generating station at Aughinish Alumina Limited, County Limerick.

2.  New generating station at Tynagh Energy Limited, County Galway.”

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GIVEN under my Official Seal, this 5th day of August 2005.

 

NOEL DEMPSEY,

Minister for Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ) is amended so as to allow for the imposition of a further public service obligation on the ESB, in the interest of security of supply. This Order places a requirement on ESB to procure temporary peaking capacity to meet short-term peak demand. It also provides for the compensation of ESB for the additional costs incurred in complying with this obligation.

This Order also provides for the public service obligation relating to Bellacorick peat plant to continue beyond 2004 until such time as the plant closed in early 2005.