Q&As

Do the new Contracts for Difference (CfD) Terms and Conditions (version: 2, 13 March 2017), published pursuant to the Contracts for Difference (Standard Terms) (Amendment) Regulations 2017, SI 2017/112 apply only to CfD Agreements awarded after the entry into force of the new Regulations (ie 1 March 2017)?

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Published on LexisPSL on 25/04/2017

The following Energy Q&A provides comprehensive and up to date legal information covering:

  • Do the new Contracts for Difference (CfD) Terms and Conditions (version: 2, 13 March 2017), published pursuant to the Contracts for Difference (Standard Terms) (Amendment) Regulations 2017, SI 2017/112 apply only to CfD Agreements awarded after the entry into force of the new Regulations (ie 1 March 2017)?

We assume you are referring to the FiT Contract for Difference Standard Terms and Conditions (version: 2, 13 March 2017) and, where you refer to CfD Agreements entered into prior to 1 March 2017, you refer to CfD Agreements awarded pursuant to the first CfD allocation round under the FiT Contract for Difference Standard Terms and Conditions (version: 1, 29 August 2014).

Generators who are allocated a CfD will sign a CfD Agreement, which then incorporate a set of standard CfD terms and conditions, together forming the ‘CfD Contract’.

The FiT Contract for Difference Standard Terms and Conditions (version: 2, 13 March 2017) (the ‘New CfD Standard Terms and Conditions’) were published pursuant to the Contracts for Difference (Standard Terms) (Amendment) Regulations 2017, SI 2017/112 (the ‘New CfD Regulations’), which came into force on 1 March 2017 (see LNB News 09/02/2017 35).

The New CfD Regulations were themselves the outcome of a consultation issued by Ofgem in May 2016 proposing changes to the CfD Agreement and the CFD standard terms and conditions (as were in fo

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