|
|
|
Amendment of Act of 1999
|
| |
12. The Act of 1999 is amended—
|
|
| |
(a) in section 39—
|
|
| |
(i) by the substitution of the following subsection for subsection (5) :
|
|
| |
“(5) Subject to subsections (6), (6A) and (7), an order under this section shall provide, following a calculation by the Commission of whether any additional costs are incurred or additional benefits are received by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act in complying with an order under this section, including any such costs incurred or benefits received after the variation or revocation of such an order—
|
|
| |
(a) (i) where it is calculated that there are additional costs incurred, for the recovery, by way of a levy on final customers of the additional costs, including a reasonable rate of return on the capital represented by such costs where appropriate,
|
|
| |
(ii) where it is calculated that there are additional benefits received, for the making of a payment to final customers representing the additional benefits,
|
|
| |
(b) in relation to a calculation under paragraph (a)(i), for the collection and recovery of payments in respect of the levy—
|
|
| |
(i) from final customers by the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act,
|
|
| |
(ii) from the Board or such holders of a licence, authorisation or permit by the distribution system operator or the transmission system operator, and
|
|
| |
(iii) from the distribution system operator by the transmission system operator,
|
|
| |
(bb) in relation to a calculation under paragraph (a)(ii), for the collection and recovery of amounts in respect of the payments under that paragraph—
|
|
| |
(i) from the Board or the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act by the distribution system operator or the transmission system operator, and
|
|
| |
(ii) from the distribution system operator by the transmission system operator,
|
|
| |
(c) for the making, out of payments collected under paragraph (b), of payments to the Board and holders of licences or authorisations, or holders of permits under section 37 of the Principal Act as appropriate, and
|
|
| |
(d) for the making, out of payments collected under paragraph (bb), of payments—
|
|
| |
(i) to the distribution system operator by the transmission system operator,
|
|
| |
(ii) to the Board, the holder of a licence or an authorisation or the holder of a permit under section 37 of the Principal Act by the distribution system operator or the transmission system operator, and
|
|
| |
(iii) to final customers by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act.”,
|
|
| |
(ii) in subsection (5A)—
|
|
| |
(I) by the substitution of the following paragraph for paragraph (a):
|
|
| |
“(a) The levy referred to in paragraph (a)(i) of subsection (5) shall be imposed on final customers in respect of a levy period and the payment referred to in paragraph (a)(ii) of subsection (5) shall be made to final customers in respect of a payment period in such a manner that—
|
|
| |
(i) the levy or payment is apportioned between each category of electricity accounts specified in paragraph 1 of Schedule 2 on the basis of the maximum demand attributable to that category of accounts as a proportion of the aggregate of the maximum demand attributable to each of the three categories of accounts, and
|
|
| |
(ii) each holder of an electricity account who is a final customer is charged and liable to pay the levy in respect of each electricity account on the basis set out in paragraph 2 of Schedule 2.”,
|
|
| |
(II) in paragraph (b), by the insertion of “or payment period” after “each levy period”, and
|
|
| |
(III) by the substitution of the following paragraph for paragraph (c) :
|
|
| |
“(c) In this subsection and in Schedule 2—
|
|
| |
‘levy period’ means a calendar year or such shorter period as may be specified in the order;
|
|
| |
‘payment period’ means a calendar year or such shorter period as may be specified in the order.”,
|
|
| |
(iii) in subsection (6) —
|
|
| |
(I) by the substitution of “in accordance with subparagraph (i) of subsection (5)(a)” for “in accordance with subsection (5)”, and
|
|
| |
(II) by the substitution of “that subparagraph” for “that subsection”,
|
|
| |
(iv) by the insertion of the following subsection after subsection (6):
|
|
| |
“(6A) An order made under this section which, in accordance with subparagraph (ii) of subsection (5)(a), provides for a payment referred to in that subparagraph shall provide that such payment shall be made in respect of a specified period and that the amount to be paid in respect of each year or part of a year by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act to a final customer shall be the amount of the additional benefits certified by the Commission as having been received by the Board or holders of a licence or an authorisation or holders of a permit under section 37 of the Principal Act in accordance with the order.”,
|
|
| |
(v) in subsection (7)—
|
|
| |
(I) in paragraph (a), by the insertion of “, the transmission system operator, the distribution system operator” after “the Board”,
|
|
| |
(II) by the substitution of the following paragraph for paragraph (b):
|
|
| |
“(b) provide for the times at which any payments under subsection (5) are to be made,”,
|
|
| |
(III) in paragraph (c), by the substitution of “that person,” for “that person.”, and
|
|
| |
(IV) by the insertion of the following paragraphs after paragraph (c):
|
|
| |
“(d) without prejudice to the generality of paragraph (c)—
|
|
| |
(i) provide for estimated and actual additional costs to be included in the calculation of additional costs and estimated and actual additional benefits to be included in the calculation of additional benefits,
|
|
| |
(ii) provide for adjustment in the calculation of additional costs or additional benefits to account for—
|
|
| |
(I) over recovery or under recovery of additional costs, or
|
|
| |
(II) over recovery or under recovery of additional benefits,
|
|
| |
arising in a previous payment period or levy period (within the meaning of subsection (5A)),
|
|
| |
and
|
|
| |
(e) provide that payments referred to in subsection (5)(d)(iii) may be made to a final customer by way of credit given for purchase of electricity.”,
|
|
| |
(vi) in subsection (8)—
|
|
| |
(I) by the substitution of “payments pursuant to subsection (5)” for “the levy”,
|
|
| |
(II) by the substitution of “collection of the payments” for “collection of the levy”, and
|
|
| |
(III) by the insertion of “, the distribution system operator and final customers” after “of the Principal Act” in the second place where it occurs,
|
|
| |
and
|
|
| |
(vii) in subsection (9), by the insertion of “or additional benefits” after “additional costs”,
|
|
| |
and
|
|
| |
(b) in Schedule 2—
|
|
| |
(i) in paragraph 2—
|
|
| |
(I) by the insertion of “or payment to be made in respect of” after “levy to be imposed on”,
|
|
| |
(II) by the insertion of “or payment period,” after “levy period”, and
|
|
| |
(III) by the substitution of “levy or payment attributed to” for “levy attributed to” in each place where it occurs,
|
|
| |
and
|
|
| |
(ii) in paragraph 3—
|
|
| |
(I) by the insertion of “or payment payable to” after “levy payable by”, and
|
|
| |
(II) by the substitution of “levy or payment attributable to” for “levy attributable to”.
|
