Energy (Windfall Gains in the Energy Sector) (Cap on Market Revenues) Act 2023

Chapter 2

Return

Return

15. (1) A producer, intermediary or trader shall, not later than 31 December 2023, make a return in respect of the relevant period to the competent authority which return shall—

(a) be in such form as may be prescribed,

(b) contain such information as may be prescribed, including information in relation to—

(i) the fuel source referred to in section 7 from which the electricity is produced,

(ii) whether electricity is produced from more than one class of fuel source and the amount of each fuel used,

(iii) allowable cost of production within the meaning of section 8 ,

(iv) monthly market revenue,

(v) the level of market cap,

(vi) preliminary surplus revenue,

(vii) adjusted surplus revenue,

(viii) any affiliated person in relation to the person making the return,

(ix) any hedging arrangements,

(x) in relation to an intermediary, any amount referred to in section 13 paid directly to final customers, and

(xi) any settlement rerun,

(c) attach such particulars and documents as may be prescribed, and

(d) contain the producer’s, intermediary’s or trader’s assessment of the adjusted surplus revenue, for each generating unit, calculated in accordance with section 12 in respect of each month of the relevant period, that the producer, intermediary or trader is liable to pay to the collection agent.

(2) A producer, intermediary or trader shall, within such periods or by such dates as may be prescribed, make a return to the competent authority which return shall—

(a) be in such form as may be prescribed,

(b) contain such information as may be prescribed, and

(c) attach such particulars and documents as may be prescribed—

(i) relating to any adjustment of information contained in the return referred to in subsection (1) necessitated by a settlement rerun, a hedging arrangement or a power purchase agreement, and

(ii) containing the person’s assessment of the amount which, due to a settlement rerun, a hedging arrangement or a power purchase agreement—

(I) the producer, intermediary or trader is liable to pay to the collection agent, or

(II) the producer, intermediary or trader has overpaid and is liable to be repaid by the collection agent.