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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 285

ELECTRICITY

The Electricity (Applications for Licences and Extensions of Licences) Regulations (Northern Ireland) 2007

  Made 4th May 2007 
  Coming into operation 5th May 2007 

The Department of Enterprise, Trade & Investment, in exercise of the powers conferred by Articles 10(3) and 64 of the Electricity (Northern Ireland) Order[1] and of every other power enabling it in that behalf hereby makes the following Regulation:

Citation and Commencement
     1. These Regulations may be cited as the Electricity (Applications for Licences and Extensions of Licences) Regulations (Northern Ireland) 2007 and shall come into operation on 5th May 2007.

Interpretation
    
2. In these Regulations—

Form of applications
     3. —(1) An application for a public electricity supply licence shall be in the form, and shall contain the particulars, specified in Part I of Schedule 1.

    (2) An application for a private electricity supply licence, or for an extension, shall be in the form, and shall contain the particulars, specified in Part I of Schedule 2.

    (3) An application for a transmission licence shall be in the form, and shall contain the particulars, specified in Part I of Schedule 3.

    (4) An application for a generating licence shall be in the form, and shall contain the particulars, specified in Part I of Schedule 4.

    (5) An application for a SEM operator licence shall be in the form, and shall contain the particulars specified in Part I of Schedule 5.

Documents to accompany applications
    
4. —(1) An application for a public electricity supply licence shall be accompanied by the documents and particulars specified in Part II of Schedule 1.

    (2) An application for a private electricity supply licence, or for an extension, shall be accompanied by the documents and particulars specified in Part II of Schedule 2.

    (3) An application for a transmission licence shall be accompanied by the documents and particulars specified in Part II of Schedule 3.

    (4) An application for a generating licence shall be accompanied by the documents and particulars specified in Part II of Schedule 4.

    (5) An application for a SEM operator licence shall be accompanied by the documents and particulars specified in Part II of Schedule 5.

Lodgement of applications
    
5. All applications shall be delivered to or sent by prepaid post to the Authority at its principal office.

Manner of publishing applications
    
6. —(1) A copy of the application shall be published by the applicant—

    (2) Where a map forms part of the documents and particulars provided in accordance with Regulation 4, there shall be published together with the application a notice stating that a copy of that map is available for inspection by the public at the principal office of the Authority between 10.00 a.m. and 4.00 p.m. on any working day.

    (3) A copy of the Belfast Gazette and of each newspaper in which the application is published shall be delivered to or sent by prepaid post to the Authority at its principal office.

Fees payable with applications
    
7. —(1) The fee payable with an application for a public electricity supply, transmission or SEM operator licence shall be £500.00.

    (2) The fee payable with an application for a private electricity supply licence or generating licence shall be £100.00.

    (3) The fee payable with an application for an extension shall be £50.00.

    (4) All fees shall be paid when the application is lodged.

Revocation
    
8. The Electricity (Applications for Licences and Extensions of Licences) Regulations (Northern Ireland) 1992[4] are hereby revoked.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


4th May 2007.

L.S.


Jenny Pyper
A senior officer of the Department


SCHEDULE 1
Regulations 3(1) and 4(1)



PART I

FORM OF APPLICATION FOR A PUBLIC ELECTRICITY SUPPLY LICENCE



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Note

References to shares—



PART II

DOCUMENTS AND PARTICLARS TO ACCOMPANY AN APPLICATION FOR A PUBLIC ELECTRICITY SUPPLY LICENCE

     1. Current statements of the accounts kept by the applicant in respect of any undertaking carried on by him, showing the financial state of affairs of that undertaking and its profit or loss, and the statements for the most recent period, together with copies of the latest audited annual accounts wheresuch have been prepared.

     2. An outline statement of the business proposals, for that business of the applicant to which the application relates, for the next five years, which includes:



SCHEDULE 2
Regulations 3(2) and 4(2)



PART I

FORM OF APPLICATION FOR A PRIVATE ELECTRICITY SUPPLY LICENCE OR EXTENSION



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Note

References to shares—



PART II

DOCUMENTS AND PARTICULARS TO ACCOMPANY AN APPLICATION OR EXTENSION FOR A PRIVATE ELECTRICITY SUPPLY LICENCE

     1. Current statements of the accounts kept by the applicant in respect of any undertaking carried on by him, showing the financial state of affairs of that undertaking and its profit or loss, and the statements for the most recent period, together with copies of the latest audited annual accounts where such have been prepared.

     2. An outline statement of the business proposals, for that business of the applicant to which the application relates, for the next five years, which includes:

     3. Details of any expected subsequent capital outflows including major decommissioning costs.

     4. Estimates of net annual cash flows for subsequent periods sufficient to demonstrate the financial security and feasibility of the project(s) to which the application relates.



SCHEDULE 3
Regulations 3(3) and 4(3)



PART 1

FORM OF APPLICATION FOR A TRANSMISSION LICENCE



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Note

References to shares—



PART II

DOCUMENTS AND PARTICULARS TO ACCOMPANY AN APPLICATION FOR A TRANSMISSION LICENCE

     1. Current statements of the accounts kept by the applicant in respect of any undertaking carried on by him, showing the financial state of affairs of that undertaking and its profit or loss, and the statements for the most recent period, together with copies of the latest audited annual accounts where such have been prepared.

     2. An outline statement of the business proposals, for the business of the applicant to which the application relates, for the next five years which includes:

     3. Details of any expected subsequent substantial capital outflows including major decommissioning costs.

     4. Estimates of net annual cash flows for subsequent period sufficient to demonstrate the financial security and feasibility of the project(s) to which the application relates.

     5. For the purposes of paragraph 2(a) any reference to the transmission of electricity by the applicant is a reference to his participation in such transmission.



SCHEDULE 4
Regulations 3(4) and 4(4)



PART 1

FORM OF APPLICATION FOR A GENERATING LICENCE



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Note

References to shares—



PART II

DOCUMENTS AND PARTICULARS TO ACCOMPANY AN APPLICATION FOR A GENERATING LICENCE

     1. Current statements of the accounts kept by the applicant in respect of any undertaking carried on by him, showing the financial state of affairs of that undertaking and its profit or loss and the statements for the most recent period, together with copies of the latest audited annual accounts where such have been prepared.

     2. An outline statement of the business proposals, for that business of the applicant to which the application relates, for the next five years which includes;

     3. Details of any expected subsequent substantial capital outflows including major decommissioning costs.

     4. Estimates of net annual cash flows for subsequent periods sufficient to demonstrate the financial security and feasibility of the project(s) to which the application relates.



SCHEDULE 5
Regulations 3(5) and 4(5)

Form of Application for a SEM Operator Licence



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Note

References to shares—



PART II

Documents and Particulars to Accompany an application for a SEM Operator Licence

     1. Current statements of the accounts kept by the applicant in respect of any undertaking carried on by him, showing the financial state of affairs of that undertaking and its profit or loss, and the statement for the most recent period, together with copies of the latest audited annual accounts where such have been prepared.

     2. An outline statement of the business proposals, for that business of the applicant to which the application relates, for the next five years, which includes:

     3. Details of any expected subsequent capital outflows.

     4. Estimates of net annual cash flows for subsequent periods sufficient to demonstrate the financial security and feasibility of the project(s) to which the application relates.

     5. Application fee £500.

     6. A copy of the application to be published in the Belfast Gazette and in a newspaper or newspapers circulating in Northern Ireland. A copy of the Belfast Gazette and of each newspaper in which the application is published shall be delivered to or sent by prepaid post to the Northern Ireland Authority for Utility Regulation, Queens House, 14 Queen Street, BELFAST BT1 6ER.

     7. Name(s) of person or persons to contact regarding information contained in or accompanying this application.



EXPLANATORY NOTE

(This note is not part of the Order)


These Regulations revoke and replace the Electricity (Applications for Licences and Extensions of Licences) Regulations (Northern Ireland) 1992, with amendments.

The principal changes are as follows.

The Regulations include provision for the form of application, and for the lodgement of applications, for the new licence for acting as a Single Energy Market (SEM) operator, the documents to accompany such an application and the fee payable therewith.

Under Article 8(6) of the Electricity (Northern Ireland) Order 1992 (‘the 1992 Order'), as amended, a person acts as an SEM operator if his responsibilities include responsibility pursuant to the trading and settlement code referred to in that paragraph for calculating charges and other payments due under it.

The Regulations also take into account the change in the licensable activity under Article 10(1)(b) of the 1992 Order from transmission of electricity to participation in the transmission of electricity.


Notes:

[1] S.I. 1992/231 (N.I. 1)back

[2] As amended by Article 28 of the Energy (Northern Ireland) Order 2003back

[3] As amended by Article 4 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007back

[4] S.R. 1992 No. 177back



ISBN 978 0 337 97039 9


 © Crown copyright 2007

Prepared 22 August 2007


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URL: http://www.bailii.org/nie/legis/num_reg/2007/20070285.html