9 For each relevant connection agreement (if any), the licensee must enter into an agreement amending the relevant connection agreement in such form as the Authority may designate (taking into account the provisions of the relevant connection agreement, the proposals made by NIE under its licence, any responses received in connection with any hearing relating to the same, and such other matters as the Authority deems appropriate), and the licensee shall enter into the agreement so designated within 7 days of such designation. 12 In respect of each relevant power purchase agreement (if any), the licensee must enter into an agreement amending the relevant power purchase agreement in such form as the Authority may designate (taking into account the provisions of the existing agreement, the draft agreement being submitted to the Authority, any responses received in in connection with any hearing regarding the same, and such other matters as the Authority deems appropriate), and the licensee must enter into the agreement to this effect.
Condition 1: Interpretation and construction
Auditors means the auditors of the Licensee for the time being holding office in accordance with the requirements of the Companies (Northern Ireland) Order 1986. Competition Commission means the body by that name established by Section 45 of the Competition Act 1998;. Generation Business means the licensed business of the Licensee or an associate or related company of the Licensee in the field of generating electricity or providing system support services.
Single Electricity Market means the single wholesale electricity market for the island of Ireland, implemented in Northern Ireland pursuant to Section 23 of the Northern Ireland (Miscellaneous Provisions) Act 2006;.
Separate accounts for Separate Businesses
The definition of "business year" in Standard Condition 1 (Definitions and Interpretation) for the purpose of the licensee's statutory accounts only shall cease to apply to the licensee from the date on which the licensee notifies the Authority for that purpose. a) determines the date from which, for the purposes of paragraph 1, the current and subsequent business years of the license holder begin to run; and. The audited financial statements of the group prepared in accordance with paragraph 4:. a) include the consolidated financial statements of the group in relation to the group of companies; Nothing in this condition applies to the licensee's financial year as defined in standard condition 1 (Definitions and Interpretation) for the purposes of accounts prepared in accordance with standard condition 16 (Regulatory accounts).
Nothing in this condition shall affect the Licensee's obligations in respect of the payment of license fees under standard condition 4 (Payments by the Licensee to the Authority).
Prohibition of cross-subsidies and of discrimination
If the Authority has not referred to the Competition Commission under Article 15 of the Order in relation to the modification of the paragraphs (or any part or parts thereof) set out in the request for non-application before the beginning of the 12 month period that will expire. on the date of non-application, the Licensee may give written notice to the Authority of the termination of the application of these paragraphs 2 and 3 (or, as the case may be, any part or parts thereof) as specified in the request for non-application with effect from the date of non-application or a later date. If the Competition Commission makes a report on a reference made by the Authority regarding the modification of the paragraphs (or any part or parts thereof) set out in the request for non-application and this report does not include a conclusion that the discontinuance of those paragraphs, in in whole or in part, acts or may be expected to act against the public interest, the Licensee may within 30 days after the publication of the report by the Authority in accordance with Article 16 of the Order send him a written notice on the termination of the implementation of paragraphs ( or, as the case may be, any part or parts thereof) with effect from the date of non-application or a later date. Code in so far as it is applicable thereto. a) after consultation with the Transmission System Operator and Transmission Owner, issue instructions releasing the Licensee from its obligation under paragraph 1 above in relation to those parts of the Grid Code and to such extent as may be specified therein instructions; and.
The Licensee shall comply with the provisions of the Northern Ireland Fuel Safety Code and such provisions shall have effect as if set out in this licence.
Central despatch and merit order
The Licensee shall provide from time to time at the request of the Transmission System Operator conditions for the Licensee's provision of System Support Services from any generating set of the Licensee that is capable of operation. The Licensee shall from time to time at the Authority's request provide the Authority with a report containing details of:. a) the prices offered in accordance with paragraph 1 for the provision of System Support Services by each generation group of the Licensee; and. b) an explanation of the factors justifying the prices offered including (without limitation) details of the Licensee's costs associated with making such System Support Services available in accordance with the Network Code and providing the same to the Operator; Transmission System. On the application of the Transmission System Operator wishing to question the terms offered in accordance with paragraph 1, the Authority may, in accordance with Article 11(3)(c) of the Order, resolve any terms of the agreement in dispute between the Operator of the Transmission System and the Licensee in such manner as the Authority deems reasonable.
Insofar as the transmission system operator wishes to proceed on the basis of the conditions set by the authority, the license holder must immediately enter into and implement such an agreement in accordance with its terms.
Compulsory acquisition of land
If the Authority finds it established that it is desirable, having regard to the proximity of the land in question to any other land occupied by the grantee under a relevant lease, that any land acquired by the grantee, whether exercising the said powers or no. 1, should be held by the permit holder under a relevant lease, it may issue directions to the permit holder requiring the permit holder to transfer the freehold value of the land in question to the transmission owner on condition that the permit holder is immediately given. Out of such free value, the licensee receives a leasehold interest on the same terms as the relevant lease, in which the licensee is already a party to the land, which must be closest to the land that the licensee acquires using the provisions in subsection 1 mentioned powers. 1 mentioned does not apply to land included in the land bank. For the purpose of enabling the licensee to carry out its authorized activities, the powers and rights conferred by or under the provisions of Schedule 4 of the Order (other powers of licensees, etc.) shall have effect, subject to subsection . and can be exercised in the execution of works:. a) in connection with or in connection with the installation, inspection, maintenance, adjustment, repair, alteration, replacement and removal of:. i) electrical wiring specified in paragraph ii) electrical installations connected with such lines;. iii) any structure for housing or covering such conduits or installations;.
37 Condition 10: Health and safety of employees 1. a) acting together and in cooperation with the holders of other licenses granted under the Order, examine and discuss matters of mutual interest regarding the health and safety of persons employed by theirs; and. b) establish and maintain appropriate processes for consultation with the Licensee's employee representatives regarding the health and safety of those employees.
Provision of information to the Authority
The Licensee shall, at the time specified below, pay to the Authority the fees of the amount specified or determined in the following paragraphs of this condition. In respect of the year commencing on 1 April of the year immediately following the commencement of operation of this licence, and in each subsequent year, the Licensee shall pay to the Authority a fee which is the total of the following amounts:. a) an amount which is a proportion, as determined by the Authority, to the amount estimated by the Authority, according to a method previously disclosed in writing to the Licensee, as its likely cost during the next year in exercising its general functions under the Order, the Energy Order, the SEM Order and the Regulations of the Directive in relation to holders of licenses granted under Article 10 of the Order; In respect of any year commencing on 1 April, the Authority may pay to the Licensee an amount (reimbursement) calculated in accordance with the method previously disclosed in writing to the Licensee and by reference to the difference between:. a) the percentage of the license fee for that year paid by the Licensee that is attributable to the assessments of the Authority in accordance with paragraph 3(a);.
Single Electricity Market Trading and Settlement Code
Modification of Supply Competition Code and cancellation of contracts 1. When the Authority shall have determined that the requisite arrangements have been
The powers specified in paragraph 4 may not be exercised in relation to any cancellable generating unit agreement earlier than the date appearing opposite that cancellable generating unit, as set out in Schedule 8 of the combined Transmission and Public Electricity Supply Licences, data for Northern Ireland Energy plc. The Authority may, in relation to any revocable generating unit agreement and on the application of either party to the revocable generating unit agreement, modify the table set out in Schedule 8 of the combined Public Electricity Supply and Transmission Licenses granted to Ireland Energy plc. on March 31, 1992 by substituting a later date for the date appearing opposite that agreement in that table. Notwithstanding paragraph 6, the Authority is entitled, after having carried out the consultations referred to in paragraph 6 and publishing its findings, before and after giving any notice of the kind referred to in subparagraph (e) of paragraph 6, to made any modification of the relevant documentation which either:. a) is, in his opinion, necessary or desirable to improve the necessary arrangements;.
The Licensee will grant the Authority the cooperation it requests in instructions issued to the Licensee for the purposes of this Condition to develop and test its proposals for the establishment of the required arrangements and the electricity trading system referred to in paragraph 3( A).
Provision of Information
Cost-Reflective Bidding in the Single Electricity Market
The Licensee, in carrying out the activity referred to in paragraph 1, shall act in order to ensure its compliance with the requirements of the Code of Bid Practice. The Authority may issue instructions to the Licensee in order to ensure that the Licensee, in carrying out the activity referred to in paragraph 1, complies with the requirements of this Condition and the Code of Bidding Practice, and the Licensee shall comply with any such directions. The Licensee shall, if required by the Authority, provide to the Authority: a) a reasoned explanation of his calculations in relation to any data of the commercial offer; and.
Opportunity cost shall have the meaning set forth in, and the value calculated in accordance with, the terms of the Bidding Code.
