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MODIFICATIONS TO THE PRIVATE ELECTRICITY SUPPLY LICENCE
ISSUED TO YORKSHIRE ELECTRICITY GROUP PLC IN RELATION TO
SUPPLY IN ENGLAND AND WALES
SCHEDULE
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The following modifications shall apply on and after 1 September 2000.
1. New Condition 1A (the terms of which are set out at Annex A hereto) shall
be inserted immediately after existing Condition 1.
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ANNEX A
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CONDITION 1A. PROHIBITION ON SUPPLY TO CERTAIN PREMISES
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1. Subject to paragraph 2, the Licensee shall not, on or after the appropriate
date:
(a) offer to supply electricity or enter into a contract for the supply of
electricity to any Designated Premises in the authorised area of
SEEBOARD plc;
(b) supply electricity to any Designated Premises in the authorised area of
SEEBOARD plc other than to those which it has entered into a contract
to supply where the date of the contract is prior to the appropriate
date; or
(c) make or permit any variation of a contract for the supply of
electricity to Designated Premises in the authorised area of SEEBOARD
plc subsisting at the appropriate date, the effect of which would be to
extend the duration of that contract.
2. The Director may, on receipt of a written request by the Licensee, consent
in writing to the Licensee supplying, offering to supply or entering into a
contract for the supply of electricity to any Designated Premises in the
authorised area of SEEBOARD plc after the appropriate date, subject to such
terms and conditions as the Director may think fit.
3. In this Condition:
"appropriate date" means the date on which this Condition comes
into force.
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ANNEXURE
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YORKSHIRE ELECTRICITY GROUP PLC
CONDITION 1A: POWER TO BRING CONDITIONS INTO EFFECT
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1. The Conditions to which this paragraph applies shall not come into
effect until the Secretary of State has made a direction specifying a
date on which they come into effect and served a copy of the direction
on the Licensee (but the date so specified may be the same date as that
on which this Condition comes into effect or if later that on which a
copy of the direction is so served).
2. The Secretary of State may make more than one direction under paragraph
1, and may bring different Conditions or parts of Conditions into force
at different times.
3. The Conditions to which paragraph 1 applies are:
Condition 11A (Balancing and Settlement Code and NETA Implementation)
Condition 11B (Change Co-ordination for NETA)
Condition 11C (Pooling and Settlement Agreement Run-off)
4. The Conditions to which this paragraph applies (or parts of them) shall
cease to have effect on such date as is specified in a direction made
by the Secretary of State pursuant to this paragraph, a copy of which
has previously been served on the Licensee (but the date so specified
may be the same date as that on which this Condition comes into effect
or if later that on which a copy of the direction is so served).
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5. The Secretary of State may make more than one direction under paragraph
4, and may direct that different Conditions or parts of Conditions
cease to have effect on different dates.
6. The Conditions to which paragraph 4 applies are:
Condition 1 (Interpretation)
Condition 11 (Pooling and Settlement Agreement)
Condition 13 (Generation Security Standard)
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CONDITION 11A: BALANCING AND SETTLEMENT CODE AND NETA IMPLEMENTATION
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1. The Licensee shall be a party to the BSC Framework Agreement and shall
comply with the BSC.
2. The Licensee shall comply with the programme implementation scheme
established in accordance with paragraph 3 as modified from time to
time in accordance with paragraph 5.
3. The programme implementation scheme shall be a scheme designated by the
Secretary of State setting out the steps, including without limitation
steps as to the matters referred to in paragraph 4, to be taken (or
procured) by the Licensee (and/or by Authorised Electricity Operators)
which are, in the Secretary of State's opinion, appropriate in order to
give full and timely effect to:
(a) the modifications made to this licence and to the licences of
Authorised Electricity Operators by the Secretary of State
pursuant to the power vested in him under section 15A of the
Act;
(b) any conditions imposed by any exemption from the requirement
to hold any such licence; and
(c) the matters envisaged by such modifications and conditions.
4. The programme implementation scheme may include provisions, inter alia,
(a) to secure or facilitate the amendment of any of the Core
Industry Documents;
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(b) to secure that any systems, persons or other resources
employed in the implementation of the Pooling and Settlement
Agreement may be employed in the implementation of the BSC;
(c) for the giving of the indemnities against liabilities to
which parties to the Pooling and Settlement Agreement may be
exposed;
(d) for securing the co-ordinated and effective commencement of
implementation of and operations under the BSC, including the
testing, trialling and start-up of the systems, processes and
procedures employed in such implementation and employed by
Authorised Electricity Operators and others in connection with
such operations;
(e) for co-ordinating the administration and implementation of the
BSC and the Pooling and Settlement Agreement;
(f) for the Licensee to refer to the Director for determination,
whether of its own motion or as provided in the programme
implementation scheme, disputes, as to matters covered by the
scheme, between persons who are required (by conditions of
their licences or exemptions) or who have agreed to comply
with the scheme or any part of it; and
(g) for the Director, in the circumstances set out in the scheme,
to require that consideration be given to the making of a
proposal to modify the BSC and, if so, to require the making
of such proposal in the manner set out in the scheme, such
power to be exercisable at any time within the period of 12
months after the Effective Time (as defined in Condition 11C).
5. (a) The Secretary of State may at any time direct, in accordance
with the provisions of the programme implementation scheme,
that the programme implementation scheme be modified in the
manner set out in the direction, in order to give (or continue
to give) full and
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timely effect to the matters described in paragraph 3.
(b) The Secretary of State shall serve a copy of any such
direction on the Licensee, and thereupon the Licensee shall
comply with the scheme as modified by the direction.
6. If there is any conflict between the requirements contained in the
programme implementation scheme pursuant to paragraph 4(a) and imposed
on the Licensee by paragraphs 2 and 5 of this Condition, and those
imposed on the Licensee by any other Condition, the provisions of this
Condition shall prevail.
7. Without prejudice to paragraph 2, the Licensee shall use all reasonable
endeavours to do such things as may be requisite and necessary in order
to give full and timely effect to the modifications made to this
Licence as determined by the Secretary of State pursuant to the power
vested in him under section 15A of the Act (and to give full and timely
effect to the matters envisaged by such modifications).
8. In this Condition:
"BSC" means the balancing and
settlement code required to
be in place, pursuant to
the Transmission Licence
granted to the Transmission
Company, as from time to
time modified.
"BSC Framework Agreement" means the agreement of that
title, in the form approved
by the Secretary of State,
by which the BSC is made
contractually binding
between the parties to that
agreement, as from time to
time amended, with the
consent of the Secretary of
State.
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"Core Industry Documents" mean those documents which
(a) in the Secretary
of State's opinion
are central
industry documents
associated with
the activities of
the Licensee and
Authorised
Electricity
Operators, the
subject matter of
which relates to
or is connected
with the BSC or
the balancing and
settlement
arrangements, and
(b) have been so
designated by the
Secretary of
State.
9. This Condition or parts of it shall not come into effect until the date
specified in a direction to that effect made pursuant to paragraph 1 of
Condition 1A.
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CONDITION 11B: CHANGE CO-ORDINATION FOR NETA
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1. The Licensee shall take all reasonable measures to secure and implement
(consistently with the procedures applicable under or in relation to
those documents as modified or replaced from time to time), and shall
not take any steps to prevent or unduly delay, changes to the Core
Industry Documents to which it is party (or in relation to which it
holds rights in respect of amendment), such changes being changes which
are appropriate in order to give full and timely effect to and/or in
consequence of any modification which has been made to the BSC.
2. In paragraph 1, Core Industry Documents has the meaning given in
paragraph 8 of Condition 11A.
3. This Condition or parts of it shall not come into effect until the date
specified in a direction to that effect made pursuant to paragraph 1 of
Condition 1A.
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CONDITION 11C: POOLING AND SETTLEMENT AGREEMENT RUN-OFF
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1. The Licensee shall continue to be a party to and a pool member under,
and shall comply with, the Pooling and Settlement Agreement for the
purposes of Run-off, until the provisions of the BSC relating to
Run-Off become effective.
2. This Condition shall apply to the extent that the Licensee was party to
and a pool member under the Pooling and Settlement Agreement
immediately prior to the Effective Time.
3. In this Condition:
"Effective Time" means the start of
the first period for
trading under the BSC as
determined by the Secretary
of State.
"Run-off" means the determination
and settlement (including
by way of reconciliation)
of amounts due arising
under or in connection with
the Pooling and Settlement
Agreement in relation to
settlement periods up to
and including the
settlement period
immediately prior to the
Effective Time (including
the resolution of disputes
in respect thereof).
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4. This Condition or parts of it shall not come into effect until the date
specified in a direction to that effect made pursuant to paragraph 1 of
Condition 1A.
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THE SCHEDULE
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YORKSHIRE ELECTRICITY GROUP PLC
MODIFICATIONS TO SECOND TIER ELECTRICITY SUPPLY LICENCE
FOR ENGLAND AND WALES
1. At the end of Conditions 1, 11 and 13, the following additional
paragraph is inserted:
"This Condition or parts of it shall cease to have effect on the date
specified in a direction to that effect made pursuant to paragraph 4 of
Condition 1A".
2. The following Conditions, the provisions of which are set out in the
Annexure, are inserted:
Condition 1A (Power to Bring Conditions into Effect)
Condition 11A (Balancing and Settlement Code and NETA
Implementation )
Condition 11B (Change Co-ordination for NETA)
Condition 11C (Pooling and Settlement Agreement Run-off).
3. In Condition 1 the following new definition is inserted:
"the Director" means, until both
section 1(1) and section3(1)
of the Utilities Act 2000
are brought into force, the
Director General of
Electricity Supply, but
thereafter the Authority
established by section1(1)
of the Utilities Act 2000.
