The following Energy Q&A provides comprehensive and up to date legal information covering:
In answering this Q&A we have focussed our research on the Capacity Market Rules 2014 (including amendments effective as at today’s date) (CM Rules) and the provisions of the Electricity Capacity Regulations 2014, SI 2014/2043 (as amended) (CM Regulations, SI 2014/2043).
From our review of the consultations and guidance published by government, National Grid, Ofgem and the CM Settlement Body we cannot see a specific explanation given for the rationale behind the provision at CM Rules, r 9.2.7.
Subject to the caveat in the above paragraph, it seems to us logical to conclude the CM Rules, r 9.2.7 is looking to provide for the following scenarios under CM Rules, r 9.2.4(b)–(d):
CM Rules, r 9.2.4(b)—this CM Rules permits a capacity provider who is the legal owner of a generating CMU to transfer all capacity agreements to a person who is (i) acquiring the CMU, or (ii) who is the despatch controller in respect of the CMU. Where a capacity provider is owner of a generating CMU (Entity A), and Entity A wishes to sell the CMU to a third party, there may be scenarios where nevertheless Entity A wishes to r
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