Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order, 2007

• Jurisdiction: Ireland
• Citation: IR SI 583/2007
• Year: 2007

S.I. No. 583 of 2007

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) (AMENDMENT) (No. 2) ORDER 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th August, 2007.

I, EAMON RYAN, 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 2007.

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 the following after the definition of “AER VI Notification”:

“ ‘CADA’ means a capacity and differences agreement between the Board and a third party power producer and includes alternative arrangements prepared pursuant to that agreement and in accordance with its terms;”,

and

(b) by inserting the following after the definition of “EU Commission”:

“ ‘Generation Contracts Notification’ means the correspondence referred to in paragraph 1 of EU Commission C(2003) 4488 fin dated 16 December 2003 relating to a notification to the EU Commission (Reference No. N475/2003-Ireland) pursuant to Article 87 of the Treaty and subsequent correspondence between the Irish authorities and the EU Commission in relation to that EU Commission document;”.

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

“(3B) (a) For the purposes of Article 8(1) (bd) and Article 10(1) (a) ‘additional costs’ includes costs incurred by the Board in complying with its obligations under Article 6C 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 Generation Contracts Notification and this Order.”.

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

“(1E) The period of the public service obligations to be imposed pursuant to Article 6C commences, as respects a particular CADA, on the date specified in column (3) of Part 3 of Schedule 1C which relates to such CADA, and, subject to paragraph (1F), continues until the date specified in column (4) of Part 3 of Schedule 1C.

(1F) (a) Subject to subparagraphs (b) and (c), and notwithstanding paragraph (1E) the public service obligations imposed pursuant to Article 6C shall not continue for a period in excess of...