(This page does not form part of the BSC)
SECTION K: CLASSIFICATION AND REGISTRATION OF METERING SYSTEMS AND BM UNITS
1.1.1 This Section K sets out the basis for:
(a) identifying the Parties which are responsible (for the purposes of the Code) for Exports and Imports of electricity at Boundary Points;
(b) the registration in the names of such Parties of the
Metering Systems installed (in accordance with
Section L) for the purposes of measuring separately such
Exports and
Imports;
(c) such Parties to establish and register Primary BM Units comprising the Plant and Apparatus for whose Exports and Imports they are responsible, and to assign those Primary BM Units to Trading Units;
(d) the approval of Line Loss Factors by the Panel;
(e) Virtual Lead Parties to establish and register Secondary BM Units comprising the Plant and Apparatus with which such Virtual Lead Parties may provide Balancing Services;
(f) Virtual Lead Parties and Suppliers to establish and register Asset Metering Systems, where so elected in accordance with BSCP602 ; and
(g) Parties to register Baselined BM Units where so elected
1.1.1A References to a
BM Unit in this Section K, other than in
paragraphs 6 and
8, shall mean a
Primary BM Unit unless expressly stated otherwise.
1.1.2 This Section K also sets out the requirements for Parties to register Metering Systems at Systems Connection Points for which they are responsible.
1.1.3 In relation to an
Interconnector, in the case of any inconsistency between the provisions of
paragraph 5 and the other provisions of this Section K, the provisions of
paragraph 5 shall prevail.
1.1.4 For the purposes of the Code:
(a) in relation to the terms Export and Import, references to the Plant or Apparatus of a Party shall be treated as including:
(i) the premises of a Customer supplied by that Party;
(ii)
Plant and
Apparatus of a
Third Party Generator for whose
Exports that
Party has elected to be responsible in accordance with
paragraph 1.2.2(a)(ii)(2);
(iii) Plant or Apparatus (whether or not owned or operated by that Party), not forming part of the Total System, by which electricity is transported from the Total System to premises supplied by the Total System or (as the case may be) to the Total System from Generating Plant providing electricity to the Total System;
(iv) an Interconnector in relation to which that Party is an Interconnector User.
(b) subject to paragraphs (c), (d), (e) and (f), unless otherwise provided:
(i) "Export" means, in relation to a Party, a flow of electricity at any instant in time from any Plant or Apparatus (not comprising part of the Total System) of that Party to the Plant or Apparatus (comprising part of the Total System) of a Party;
(ii) "Import" means, in relation to a Party, a flow of electricity at any instant in time to any Plant or Apparatus (not comprising part of the Total System) of that Party from the Plant or Apparatus (comprising part of the Total System) of a Party;
and Export and Import, as verbs, shall be construed accordingly;
(c) any Export or Import is to be determined at a single Boundary Point;
(d) for the purposes of paragraph (c), in relation to a Party any flow (under paragraph b(i) and (ii) respectively) which occurs at a Boundary Point:
(i) to or from Plant or Apparatus of that Party shall be considered to be a single Export or Import of that Party;
(ii) to or from the Plant or Apparatus of that Party shall be considered to be a separate Export or Import from any Export or Import of any other Party.
(e) notwithstanding paragraphs (c) and (d):
(i) the flow to or from each Generating Unit (where such Generating Unit individually constitutes or is capable of constituting a Licensable Generating Plant) and is not comprised in a CCGT Module and to or from the associated unit transformer of that Generating Unit (if any) shall be combined. Such combined flow shall be considered to be a single Export or Import and separate from any Export or Import of any other Plant or Apparatus; and
(ii) the flow to or from a station transformer associated with a Licensable Generating Plant shall be considered to be a single Export or Import, and separate from any Export or Import of any other Plant or Apparatus.
(f) for the purposes of paragraph (b):
(1) "Active Export", which is a flow of Active Energy at any instant in time from any Plant or Apparatus (not comprising part of the Total System) of that Party to the Plant or Apparatus (comprising part of the Total System) of a Party; and
(2) "Active Export Related Reactive Energy", which is any flow of Reactive Energy which occurs at the same Boundary Point at the same instant of time as an Active Export,
and shall be treated as a single flow of electricity, the direction of such flow being the direction of flow of the Active Energy; and
(1) "Active Import", which is a flow of Active Energy at any instant in time to any Plant or Apparatus (not comprising part of the Total System) of that Party from the Plant or Apparatus (comprising part of the Total System) of a Party; and
(2) "Active Import Related Reactive Energy", which is any flow of Reactive Energy which occurs at the same Boundary Point at the same instant of time as an Active Import,
and shall be treated as a single flow of electricity, the direction of such flow being the direction of flow of the Active Energy.
1.1.5 Notwithstanding
paragraph 1.1.4, the
Exports or
Imports of
electricity from or to an
Offshore Power Park Module(s) comprised in a
BM Unit shall be considered to be a single
Export or
Import, and (notwithstanding any other provision in the
Code) the
Party responsible for such
Exports and/or
Imports may locate the
Metering Equipment which it is required to install pursuant to this Section K at any location permitted by the relevant
Code of Practice. In the event that the
Party does so, such location shall be deemed to be the relevant
Boundary Point for the purposes of the
Code and to be the only
Boundary Point at which
Metering Equipment relating to such
Exports and
Imports is required to be installed.
1.1.6 A
Party who has located
Metering Equipment at a deemed
Boundary Point in accordance with
paragraph 1.1.5 shall ensure that appropriate accuracy compensation is applied in accordance with the relevant
Code of Practice.
1.2 Obligations of Parties in relation to Exports and Imports
1.2.1 Subject to the further provisions of this Section K, the
Party responsible (in accordance with
paragraph 1.2.2 below) for any
Exports or
Imports of
electricity at a
Boundary Point shall:
(a) install, maintain and operate or secure that there is installed, maintained and operated, subject to and in accordance with
Section L,
Metering Equipment by which (over periods and otherwise in accordance with the further requirements of the
Code) the quantities of such
Exports and
Imports separately can be measured, but subject to the provisions of
paragraph 1.2.6 and
Section S8 as to Unmetered Supplies;
(b) register the
Metering System(s) which result or will result from installation of such
Metering Equipment, in accordance with
paragraph 2;
(c) establish and register
BM Unit(s) comprising the relevant
Plant and
Apparatus in accordance with
paragraph 3;
(d) assign each
BM Unit to a
Trading Unit established and registered in accordance with
paragraph 4.
1.2.2 For the purposes of the Code:
(a) the Party "responsible" for an Export:
(i) in the case of an Export from a Generating Plant, subject to paragraph (ii), shall be the Party which generates electricity at that Generating Plant;
(ii) in the case of an Export from Exemptable Generating Plant:
(1) where the person which generates
electricity at that
Generating Plant is a
Party and has elected (by applying to register
Metering System(s) for that
Generating Plant in accordance with
paragraph 2) to be responsible for such
Export, shall be that
Party;
(2) subject to
paragraph 2.5, where the person (whether or not a
Party) which generates
electricity at that
Generating Plant has for the time being authorised a
Party to accept responsibility for that
Export, and that
Party has elected (by applying to register
Metering System(s) for that
Generating Plant in accordance with
paragraph 2) to be so responsible, shall be that
Party;
provided that no Party shall be so responsible unless it has so elected;
(iii) in the case of an
Export from an
Interconnector, shall be determined in accordance with
paragraph 5;
(iv) in any other case, shall be determined by the Panel after consultation with the Authority, on application of any Party;
(b) the Party "responsible" for an Import:
(i) in the case of an Import constituting the supply of electricity to premises connected to the Total System, whether or not for consumption at those premises, shall be the person who supplies electricity to those premises;
(ii) in the case of an Import to any Generating Plant at which electricity is generated by a Party holding a Generation Licence, shall be that Party;
(iii) in the case of an
Import to an
Interconnector, shall be determined in accordance with
paragraph 5;
(iv) in the case of an Import (not constituting the supply of electricity to premises) to a distribution system connected to a Distribution System, shall be the person recognised under the REC as responsible for such Import;
(v) in any other case, shall be determined by the Panel after consultation with the Authority, on application of any Party;
(c) Generating Plant is "Exemptable" Generating Plant where the person generating electricity at that Generating Plant is, or would (if it generated electricity at no other Generating Plant and/or did not hold a Generation Licence) be, exempt from the requirement to hold a Generation Licence;
(d) Generating Plant which is not Exemptable is "Licensable" Generating Plant;
(e) in paragraph (b)(i), references to the supply of electricity includes the provision of electricity to a person (whether or not the same as the person providing the electricity) at premises connected to the Transmission System.
1.2.3 A
Party shall not commence or permit to be commenced any
Exports or
Imports for which that
Party is to be responsible until that
Party has complied with the requirements in
paragraph 1.2.1 and the registrations under paragraphs (b) and (c) thereof have become effective.
1.2.4 Where a
Party has failed for any period to comply with any requirements in
paragraph 1.2 in relation to any
Plant or
Apparatus for which it is responsible, nothing in the
Code shall prevent such
Party from being held liable for payment of any amount by way of
Trading Charges in such period, where (on the basis of retrospective application of steps taken to comply or otherwise) the
Code provides for the amount for which the
Party is or would have been so liable to be established or determined for the purposes of
Settlement.
1.2.5 The Party responsible for any Exports or Imports at a Boundary Point shall ensure that it (or the person otherwise required to do so) has entered into and has in full force and effect all appropriate Connection Agreements with respect to its Exports or Imports at that Boundary Point.
1.2.6 Subject to
paragraph 1.2.7, for the purposes of the
Code, the
Party responsible (in accordance with this
paragraph 1.2) for any
Imports or
Exports of
electricity at a single
Boundary Point shall ensure that any associated quantities of
Active Export Related Reactive Energy and
Active Import Related Reactive Energy are measured separately.
1.2.7 The provisions of
paragraph 1.2.6 shall not apply in the following circumstances:
(a) where the Metering Equipment is Non Half Hourly Metering Equipment, except as required by the relevant Codes of Practice;
(b) where the Metering Equipment at a Boundary Point is comprised only in CVA Metering Systems, the Registrant of such Metering Systems shall not be required to measure separately Active Export Related Reactive Energy and Active Import Related Reactive Energy, except as required by the relevant Codes of Practice;
(c) where a Metering System:
(i) is not a 100kW Metering System in relation to Imports; and
(ii) does not exceed the Small Scale Third Party Generating Plant Limit in relation to Exports,
and the requirements set out in the relevant Code of Practice in relation thereto provide otherwise; and
(d) the relevant Code of Practice or Metering Dispensation applicable to a Metering System existed prior to the Relevant Implementation Date,
1.3 Obligations of Parties in relation to Systems Connection Points
1.3.1 Subject to the further provisions of this Section K, the Party responsible for any Systems Connection Point shall:
(a) install, maintain and operate, or secure that there is installed, maintained and operated, in accordance with
Section L,
Metering Equipment by which (in accordance with the further requirements of the
Code), at the
Systems Connection Point, the quantities of
electricity flowing between the
Systems which are connected at that point can be measured; and
(b) register the
Metering System(s) which result or will result from such installation in accordance with
paragraph 2.
1.3.2 For the purposes of
paragraph 1.3.1, the
Party responsible for a
Systems Connection Point shall be:
(a) in the case of a Grid Supply Point other than an Offshore Transmission Connection Point, the Distribution System Operator whose System is directly connected to the Transmission System at that point;
(b) in the case of a
Distribution Systems Connection Point, the
Distribution System Operator nominated in accordance with
paragraph 1.3.3; and
(c) in the case of an Offshore Transmission Connection Point, the NETSO.
1.3.3 The Distribution System Operators whose Distribution Systems and/or Associated Distribution Systems are connected at a Distribution Systems Connection Point shall, in accordance with BSCP20 and BSCP25, agree between themselves and nominate which of them shall be responsible for such Systems Connection Point.
1.4 Changes in Transmission System Boundary Points and Systems Connection Points
1.4.1 The requirements of this
paragraph 1.4 are to be complied with in accordance with
BSCP25 by:
(a) the NETSO, in relation to Transmission System Boundary Points and Grid Supply Points;
(b) each Distribution System Operator in relation to Distribution Systems Connection Points and any Distribution Interconnector Boundary Point on its Distribution System(s) and Associated Distribution System(s) (if any).
1.4.2 The NETSO and each
Distribution System Operator (as applicable, in accordance with
paragraph 1.4.1) shall ensure that the CRA is informed of the location of each
Transmission System Boundary Point,
Systems Connection Point and
Distribution Interconnector Boundary Point.
1.4.3 Where there is to be a new Transmission System Boundary Point, Systems Connection Point, or Distribution Interconnector Boundary Point, as a result of any new connection to be made to any System, or a decommissioned connection at any Transmission System Boundary Point, Systems Connection Point or Distribution Interconnector Boundary Point is to be re-energised:
(a) the NETSO or the relevant
Distribution System Operator(s) (as applicable, in accordance with
paragraph 1.4.1) shall inform the CRA of the date from which and location at which such connection is to be made or (as the case may be) of the connection which is to be re-energised;
(b) the CRA shall so inform BSCCo; and
(c) the NETSO or the relevant Distribution System Operators shall not energise or re-energise such connection, or (as the case may be) permit such connection to be energised or reenergised, until BSCCo has confirmed to it that:
(i) a
Party has complied with the requirements referred to in
paragraph 1.2 in relation to the
Transmission System Boundary Point or
Distribution Interconnector Boundary Point or (as the case may be)
paragraph 1.3 in relation to the
Systems Connection Point, and that the
Party’s registrations required pursuant to those paragraphs have become effective; and
(ii) in the case of a
Systems Connection Point, where applicable,
Aggregation Rules have been submitted in accordance with
Section R3.2.3(b) pursuant to which the relevant
Distribution System(s) are included in a
GSP Group.
1.4.4 Where a connection to the Transmission System or any Distribution System, constituting a Transmission System Boundary Point, Distribution Interconnector Boundary Point or Systems Connection Point, is to be or has been decommissioned:
(a) the NETSO or the relevant Distribution System Operator(s) shall so inform the CRA;
(b) the CRA shall so inform BSCCo.
1.5 Exemptable Generating Plant
1.5.1 Where any
Party which is or is to be responsible for any
Generating Plant intends to effect any registration (other than the making of an election as referred to in
paragraph 1.2.2(a)(ii)(2) in the case of an
SVA Metering System) or take any other step in pursuance of any provision of this Section K which applies by reason of that
Generating Plant being Exemptable, that
Party shall first provide to
BSCCo:
(a) subject to
paragraph 1.5.7, details of the
Generating Plant and the reasons for which the
Party believes the
Generating Plant to be Exemptable; and
(b) in accordance with
paragraph 3.5.5, the
P/C Status that the
Lead Party elects for each
BM Unit that comprises such
Generating Plant should the
Generating Plant be determined to be Exemptable.
1.5.2 Within twenty
Business Days after receiving any notification under
paragraph 1.5.1 BSCCo shall:
(a) take such measures as it considers appropriate to verify whether or not the Generating Plant is Exemptable, and
(b) notify the Party of its conclusions.
1.5.3 The Party shall provide such further details as BSCCo may reasonably request for the purposes of such verification.
1.5.4 Where the
Party disagrees with the conclusions of
BSCCo under
paragraph 1.5.2(b), that
Party may refer the matter to the
Panel, and the
Panel shall determine whether (in its opinion) the
Generating Plant is Exemptable, and notify to the
Party its determination which shall be binding for the purposes of the
Code subject to
paragraph 1.5.5.
1.5.5 Within twenty
Business Days after the
Panel has notified its determination under
paragraph 1.5.4, the
Party may, if it wishes the matter to be determined by the
Authority, refer to the
Authority the question of whether the
Generating Plant is Exemptable.
1.5.6 Wherever pursuant to this Section K the CRA or
CDCA receives any application for or other notification of a registration or step within
paragraph 1.5.1, the CRA or
CDCA shall apply to
BSCCo for confirmation as to whether the
Generating Plant in question is Exemptable, and shall not validate or accept the same unless
BSCCo has given such confirmation.
1.5.7 In the case of Generating Plant whose Exports are measured by SVA Metering Systems, BSCCo may:
(a) require the
Party to provide (instead of details and reasons as referred to in
paragraph 1.5.1) a certificate, signed by a director of that
Party, as to the matters referred to in that paragraph (and may require the
Party pursuant to
Section U1.2.3 to update such certificate from time to time), and
(a) it has been determined in accordance with the foregoing provisions that particular Generating Plant is Exemptable, and
(b) at any later time BSCCo becomes aware of any change in relevant circumstances or otherwise has good reason to believe that the position may be different,
1.6 Identity of Metering Systems
1.6.1 The composition of Metering Systems shall be determined for the purposes of the Code in accordance with the following provisions:
(a) subject to paragraphs (b), (c), (d) and (e), in relation to any Site and any Party, the commissioned Metering Equipment installed for the purposes of measuring the quantities of Exports and Imports at the Boundary Point(s) (collectively) associated with that Site for which that Party is responsible is either:
(i) a single Metering System; or
(ii) such greater number of
Metering Systems as that
Party applies (in accordance with
paragraph 2) to register,
irrespective of whether all or part of the same
Metering Equipment is also used to measure the quantities of
Imports and/or
Exports for which another
Party is responsible at that Site, but subject to
paragraph 2.5;
(b) in relation to any Site with associated Interconnector Boundary Point(s), the commissioned Metering Equipment installed for the purposes of measuring the quantities of Exports and Imports at the Interconnector Boundary Point(s) (collectively) associated with that Site is either:
(i) a single Metering System; or
(ii) such greater number of
Metering Systems as the
Party who is to be the
Registrant pursuant to
paragraph 5.3 applies (in accordance with
paragraph 2) to register;
(c) in relation to any Site with associated Systems Connection Point(s) and any Party, the commissioned Metering Equipment installed for the purposes of measuring flows of electricity at the Systems Connection Point(s) (collectively) associated with that Site for which that Party is responsible is either:
(i) a single Metering System; or
(ii) such greater number of
Metering Systems as that
Party applies (in accordance with
paragraph 2) to register,
irrespective of whether all or part of the same Metering Equipment is also used to measure the quantities of Imports and/or Exports for which another Party is responsible at that Site;
(d) where the
Metering System is or is to be registered in
SMRS, the commissioned
Metering Equipment installed for the purposes of measuring the quantities of
Exports and
Imports for which a
Party is responsible at a
Metering Point shall be a single
Metering System (but subject to
paragraph 2.5);
(e) in relation to an Unmetered Supply, the Equivalent Meter or Profiled Unmetered Supply for the purposes of calculating the quantities of Imports and Exports for which a Party is responsible at a Metering Point shall be a single Metering System.
(f) In relation to Plant and/or Apparatus used by a Virtual Lead Party to provide Balancing Services, the commissioned Metering Equipment (not forming part of the Boundary Point Metering System) that is installed, maintained and operated or secured to be installed, maintained and operated by that Virtual Lead Party, to measure the flow of electricity to or from such Plant and/or Apparatus, for Settlement purposes.
(g) In relation to any Asset Metering System registered by a Supplier in accordance with BSCP602 for the purposes of inclusion in an EMR AMSID Declaration.
(a) a location containing one or more Boundary Points (other than Interconnector Boundary Point(s)) and at which there is situated:
(i) a single Generating Plant; or
(ii) a single set of premises; or
(iii) any combination of one or more Generating Plants and/or sets of premises which may, in the CDCA's reasonable opinion (having regard, among other things, to their physical proximity), be considered to be managed as a single site; or
(iv) any other collection of Plant or Apparatus which the CDCA approves for these purposes (on a case by case basis) consistent with the principles in paragraphs (i), (ii) and (iii);
(b) a location containing one or more Interconnector Boundary Points and at which there is situated a single sub-station; or
(c) a location containing one or more Systems Connection Points and at which there is situated a single sub-station
provided that a location which satisfies more than one of paragraphs (a), (b) or (c) shall constitute a Site in respect of each of paragraphs (a), (b) and/or (c) (as the case may be) individually.
1.6.3 For the avoidance of doubt, the provisions as to the configuration of
Metering Systems contained in this
paragraph 1.6 are without prejudice to and shall not affect the rules as to the configuration of
BM Units as set out in
paragraph 3.1.
1.7.1
Line Loss Factors applying in respect of
Metering Systems on
Distribution System(s) and
Associated Distribution System(s) shall be established in accordance with this
paragraph 1.7.
1.7.2 Line Loss Factors may be established for a single Metering System or for a class (of a description specified by the Licenced Distribution System Operator) of Metering System.
1.7.3 For the avoidance of doubt, a Line Loss Factor relating to a Metering System at a Boundary Point on a Distribution System where such Distribution System is indirectly connected to the Transmission System must, when applied to data relating to such Metering System, converts such data into a value at the Transmission System Boundary, with such Line Loss Factor to take into account distribution losses both on:
(a) that Distribution System; and
(b) on the Distribution System by which it is indirectly connected to the Transmission System.
1.7.4 Principles ("LLF methodology principles") pursuant to which each Licenced Distribution System Operator shall establish a methodology ("LLF methodology") for calculating the Line Loss Factors applying in respect of each Metering System or any class of Metering System on its Distribution System(s) (or Associated Distribution System(s) (if applicable)) shall be contained in BSCP128.
1.7.5 The LLF methodology principles shall seek to balance the requirements for accuracy and consistency of Line Loss Factors and transparency in the establishment of methodologies for calculating Line Loss Factors with the requirement for administrative convenience.
1.7.6 Each Licenced Distribution System Operator shall:
(a) prepare a proposed LLF methodology in accordance with BSCP128 and the LLF methodology principles and submit the proposed LLF methodology to BSCCo;
(b) where authorised to do so by the Panel take into account market wide issues in preparing such proposed LLF methodology; and
(c) in accordance with
BSCP128, in respect of each
BSC Year after the first year for which such LLF methodology was approved by the
Panel pursuant to
paragraph 1.7.7(d), either:
(i) confirm to BSCCo that the prevailing LLF methodology remains consistent with the LLF methodology principles and has not been revised; or
(ii) prepare a proposed revised LLF methodology in accordance with the LLF methodology principles and submit the proposed revised LLF methodology to BSCCo.
1.7.7 In relation to each BSC Year, in accordance with BSCP128:
(a)
BSCCo shall review each proposed LLF methodology (which term in this
paragraph 1.7.7 shall include a proposed revised LLF methodology) submitted pursuant to
paragraph 1.7.6, as to its compliance with the LLF methodology principles;
(b)
BSCCo when carrying out the review in accordance with
paragraph 1.7.7(a) shall identify:
(i) any non-compliance in the proposed LLF methodology with the LLF methodology principles; or
(ii) a failure by the
Licenced
Distribution System Operator to submit a proposed LLF methodology or the confirmation referred to in
paragraph 1.7.6(c)(i) within the required time and in accordance with the requirements of
BSCP128,
and thereafter BSCCo shall so inform the Licenced Distribution System Operator and may allow the Licenced Distribution System Operator to amend or submit its proposed LLF methodology or confirmation (as applicable) within the further timescales provided in BSCP128;
(c) BSCCo shall prepare and issue to the Panel a final report that shall:
(i) recommend the approval of each proposed LLF methodology where no non-compliance with the LLF methodology principles was identified or where a non-compliance that was identified has been corrected; or
(ii) state if any continuing non-compliance(s) were identified in the proposed LLF methodologies with the LLF methodology principles; or
(iii) state that the
Licenced
Distribution System Operator has failed (by the required time and in accordance with the requirements of
BSCP128) to submit a proposed LLF methodology or (as the case may be) give the confirmation required under
paragraph 1.7.6(c)(i);
(i) consider whether the proposed LLF methodology complies with the LLF methodology principles and, if it does so comply, approve the proposed LLF methodology; or
(ii) note any non-compliance(s) in respect of each proposed LLF methodology with the LLF methodology principles; or
(iii) note that the
Licenced
Distribution System Operator failed by the required time and in accordance with the requirements of
BSCP128 to submit a proposed LLF methodology or (as the case may be) give the confirmation required under
paragraph 1.7.6(c)(i);
(e)
BSCCo shall prepare and issue to each
Licenced
Distribution System Operator a report relating to
paragraph 1.7.7(d) which shall, in respect of that
Licenced
Distribution System Operator:
(i) state whether their proposed LLF methodology has been approved by the Panel; or
(ii) identify any non-compliance(s) in their proposed LLF methodology with the LLF methodology principles that were noted by the Panel; or
(iii) confirm that the
Panel has noted that the
Licenced
Distribution System Operator failed by the required time and in accordance with the requirements of
BSCP128 to submit a proposed LLF methodology or (as the case may be) give the confirmation required under
paragraph 1.7.6(c)(i); and
(f)
BSCCo shall prepare and provide to the
Performance Assurance Board a report giving details of all non-compliance(s) noted by the
Panel in accordance with
paragraph 1.7.7(d)(ii) and any failure referred to in
paragraph 1.7.7(d)(iii).
1.7.8 In accordance with BSCP128 each Licenced Distribution System Operator shall:
(a) calculate
Line Loss Factors in accordance with its relevant LLF methodology as approved by the
Panel under
paragraph 1.7.7(d); and
(b) submit to BSCCo such Line Loss Factors in relation to each BSC Year;
in respect of each Metering System or class of Metering System on its Distribution System(s) (or Associated Distribution System(s) (if applicable)).
1.7.9 BSCCo shall, in relation to each BSC Year, in accordance with BSCP128:
(a) carry out an audit, on the basis (including as to representative samples) provided in BSCP128, and in respect of the Line Loss Factors submitted by each Licenced Distribution System Operator, as to their compliance with the applicable approved LLF methodology and other requirements of the Code;
(b) where it identifies any non-compliance by any Line Loss Factor(s) with the applicable approved LLF methodology or any other requirement of the Code, inform the Licenced Distribution System Operator of such non-compliance and allow the Licenced Distribution System Operator to amend the relevant Line Loss Factor(s) within the timescales provided in BSCP128;
(c) prepare and issue to the Panel a final report that shall specify:
(i) the Line Loss Factor(s) (including any Line Loss Factor amended under paragraph (b)) for which the audit did; and
(ii) the Line Loss Factor(s) (including any Line Loss Factor amended under paragraph (b)) for which the audit did not,
identify a non-compliance with the applicable approved LLF methodology and other requirements of the Code;
(d) provide to the
Performance Assurance Board a copy of such report referred to in
paragraph 1.7.9(c) giving details of all non-compliance(s) so identified; and
(e) prepare and issue to each
Licenced
Distribution System Operator a final report which shall specify in respect of that
Licenced
Distribution System Operator those matters set out in
paragraphs 1.7.9(c).
1.7.10 The
Line Loss Factors for which no non-compliance was identified in
BSCCo's report under
paragraph 1.7.9(c) shall be subject to the final approval of the
Panel.
1.7.11 Each
Licenced
Distribution System Operator shall correct any non-compliances identified in
BSCCo's report under
paragraph 1.7.9(c), and report to the
Panel in respect of such correction. The
Panel may approve the use of a corrected
Line Loss Factor(s) for the remainder of the relevant
BSC Year with effect from the date of such approval, and shall notify the
Performance Assurance Board and
BSCCo of such approval.
1.7.12 In relation to any newly established
Metering System(s) for which (in relation to a given
BSC Year)
Line Loss Factor(s) were not submitted in the annual process under
paragraph 1.7.8, and which do not belong to a class of
Line Loss Factor approved under
paragraph 1.7.10 or
1.7.11, the procedure in
paragraphs 1.7.8 to
1.7.11 shall apply but in accordance with the separate timescales set out in
BSCP128.
1.7.13 Where and for so long as:
(a) a
Licenced
Distribution System Operator fails to submit a proposed LLF methodology or the relevant confirmation under
paragraph 1.7.6 or the proposed LLF methodology is not approved by the
Panel; or
(b) the
Line Loss Factor(s) in respect of any
Metering System(s) are not approved by the
Panel under
paragraph 1.7.10 or
1.7.11;
then default values for the Line Loss Factor(s) for the relevant Metering Systems shall be determined and applied in accordance with BSCP128.
1.7.14 An approved Line Loss Factor shall not be revised in the BSC Year for which it is approved except:
(a) for a Site Specific Line Loss Factor which may be revised to apply prospectively in accordance with BSCP128. The Panel may approve such revised Site Specific Line Loss Factor in accordance with BSCP128; or
(b) for a Site Specific Line Loss Factor and/or a Generic Line Loss Factor which may be revised with retrospective effect, where such revision is required to correct material manifest errors. The Panel may approve such a revised Site Specific Line Loss Factor and/or a Generic Line Loss Factor in accordance with BSCP128. A Site Specific Line Loss Factor and/or a Generic Line Loss Factor may be retrospectively revised to apply from the beginning of the BSC Year in which the applicable material manifest error was raised, but may also be revised to apply for a lesser extent of time within the BSC Year, in accordance with BSCP128. This paragraph shall allow revisions to Site Specific Line Loss Factors and/or Generic Line Loss Factors with effect from 1st April 2010 onward, in accordance with BSCP128. For the avoidance of doubt, Site Specific Line Loss Factors and/or Generic Line Loss Factors may be revised with effect from 1st April 2010 to correct material manifest errors raised in the BSC Year commencing 1st April 2010.
1.7.15
BSCCo shall submit the applicable values (approved or default, in accordance with
paragraphs 1.7.10,
1.7.11 or
1.7.13) of
Line Loss Factors in respect of
CVA Metering Systems to the
CDCA and in respect of
SVA Metering Systems to the
SVAA and thereafter publish them on the
BSC Website.
1.7.16 In addition to the matters specified in
paragraph 1.7.9,
BSCCo shall audit (with such audit forming part of the audit under
paragraph 1.7.9), on the basis (including as to representative samples) provided in
BSCP128, as to whether each
Licenced
Distribution System Operator has assigned to its
Metering Systems the correct
Line Loss Factor Class, and shall report its findings to the
Panel.
1.7.17
BSCCo shall in accordance with
BSCP128 provide to the
Performance Assurance Board a copy of the report giving details of any non-compliance(s) identified in
paragraph 1.7.16.
1.7.18
BSCCo may contract with another suitably qualified person (not being a
Party or
Affiliate) to undertake the review under
paragraph 1.7.7 and/or audit under
paragraph 1.7.9.
1.7.19 A
Licenced
Distribution System Operator may, with the approval of the
Panel, delegate the carrying out of its functions under this
paragraph 1.7 in relation to any
Metering System(s) to another person.
1.7.20 The
Line Loss Factor Class applicable to an
Asset Metering System shall be determined in accordance with the provisions of
Section S-2.
1.8 Establishment of Groups of GSPs
1.8.1 The Grid Supply Point(s) which are comprised in a Group of GSPs shall be:
(i) subject to paragraph (b), the Grid Supply Point(s) by reference to which the relevant GSP Group was established as at 1st August 2003; and
(ii) subject to paragraph (b), from the BETTA Effective Date, the Grid Supply Points which were known as Bulk Supply Points under the SAS and fell into groups of Bulk Supply Points known as, respectively, North Scotland _P and South Scotland _N and which have been registered pursuant to BSCP25; or
(b) such other
Grid Supply Point(s) as the
Panel may determine in accordance with the further provisions of this
paragraph 1.8.
1.8.2 The Panel may determine a revision of the Grid Supply Points comprised in a Group of GSPs (including the establishment of a new Group of GSPs) in accordance with BSCP25:
(a) where there is a new Grid Supply Point or an existing Grid Supply Point is decommissioned; or
(b) where, in the
Panel's opinion, it is appropriate (having regard, among other things, to the matters in
paragraph 1.8.3) to do so:
(i) as a result of developments of or in relation to the Distribution Systems for the time being comprised in any GSP Group, and/or the associated Distribution Systems Connection Points;
(ii) in other circumstances in the Panel's sole discretion.
1.8.3 In determining any revision of the Grid Supply Points to be comprised in a Group of GSPs the Panel shall have regard, among other things, to:
(a) the effect of geographic factors taken into account in establishing Daily Profile Coefficients in relation to a GSP Group for the purposes of Supplier Volume Allocation;
(b) the effect of the size of a GSP Group (that is, the numbers of Half Hourly and Non Half Hourly Metering Systems at Boundary Points in the GSP Group) on GSP Group Correction Factors for the purposes of Supplier Volume Allocation;
(c) the effect of the proximity (in terms of electrical connection) of Boundary Points on the value to the NETSO (in the operation of the NETSO) of Physical Notifications and Bid-Offer Pairs submitted in relation to Supplier BM Units.
1.8.4 Before making any revision of the Grid Supply Points to be comprised in a Group of GSPs the Panel shall consult with the Authority, the NETSO, the Distribution System Operators of all Distribution Systems comprised or to be comprised in relevant GSP Groups, and all Suppliers.
2. REGISTRATION OF METERING SYSTEMS
2.1.1 A Boundary Point Metering System shall be registered in CMRS where:
(a) the Metering Equipment measures quantities of Imports to or Exports from Plant or Apparatus which is directly connected to the Transmission System; or
(b) the Metering Equipment measures quantities of Imports to or Exports from a Licensable Generating Plant; or
(c) the Metering Equipment measures quantities of Imports to or Exports from an Interconnector; or
(d) the Panel has determined, upon the application of any Party, that there are special circumstances by reason of which such Metering System should be registered in CMRS.
2.1.2 Without prejudice to
paragraph 2.1.1, a
Boundary Point Metering System may be registered in
CMRS where the
Metering Equipment measures quantities of
Exports, or
Exports and
Imports, at the Site of an
Exemptable Generating Plant.
2.1.3 A Systems Connection Point Metering System shall be registered in CMRS.
2.1.5 A Metering System may not be registered in CMRS and SMRS at the same time.
2.1.6 There may only be one Registrant of a CVA Metering System at any one time.
2.2 Registration requirements
2.2.1 A Party may apply to register a Metering System in CMRS by submitting a registration application to the CRA specifying:
(a) the identity of the applicant Party;
(c) the
CVA Meter Operator Agent appointed or to be appointed in accordance with
Section J6.1; and
(d) the date with effective from which the applicant wishes the registration to be effective.
2.2.2 An application to register a Metering System in CMRS shall be made in accordance with and subject to BSCP20.
2.2.3 The CRA will validate and process the registration application in accordance with BSCP20.
2.2.4 The following requirements are conditions to a registration of a Metering System in CMRS being effective:
(a) the CRA has been informed of the relevant
Boundary Point or
Systems Connection Point under
paragraph 1.4;
(b) the
Metering Equipment has been installed and commissioned in accordance with
Section L;
(c) a
CVA Meter Operator Agent has been appointed and registered in accordance with
Section J;
(d)
Meter Technical Details and
Aggregation Rules have been submitted to and validated by the
CDCA under
Section R;
(e) in the case of a
Distribution Systems Connection Point, one of the
Distribution System Operators has been nominated in accordance with
paragraph 1.3.3;
(f) in the case of an
Interconnector, an
Interconnector Administrator and
Interconnector Error Administrator have been appointed in accordance with
paragraph 5;
(g) where the applicant is not the Equipment Owner, the consent of the Equipment Owner has been obtained;
(h) (subject to
paragraph 5 in relation to
Interconnector BM Units) the registrations pursuant to
paragraph 3 by the
Party of the
BM Unit(s) associated with such
Metering System (and cancellation or reconfiguration of any existing
BM Units by any other
Party pursuant to
paragraph 3.6.3) are, but for satisfaction of any condition in
paragraph 3 as to the effective registration of such
Metering System, effective.
2.2.5 Registration of a Metering System in CMRS will become effective on and from the later of:
(b) the day following that on which (in accordance with BSCP20):
(i) the CRA has confirmation that all the requirements listed in
paragraph 2.2.4 have been satisfied (and, for these purposes, the
CDCA shall provide the CRA with the necessary confirmation, where applicable); and
(ii) the
Registrant's
Party Registration Data have been registered in accordance with
Section A.
2.2.6 The Registrant of a CVA Metering System shall, in accordance with BSCP20, keep its registration up-to-date, by notifying the CRA or CDCA (as applicable) of any change in any of the details contained in the registration, promptly upon any such change occurring.
2.3 Withdrawal of registration in CMRS
2.3.1 The Registrant of a CVA Metering System shall continue to be the Registrant until and unless:
(a) the associated Plant and Apparatus is disconnected in accordance with the relevant Connection Agreement and the Metering System is de-registered in accordance with BSCP20;
(c) the
Registrant withdraws from the registration in accordance with the further provisions of this
paragraph 2.3.
2.3.2 A
Party may withdraw as
Registrant of a
CVA Metering System if and only if another
Party (the "
new registrant"), which is or will (at the effective date of withdrawal) be responsible for
Imports and/or
Exports to or from the relevant
Plant and
Apparatus, applies (in accordance with
paragraph 2.2) for registration and becomes the
Registrant of the
CVA Metering System.
2.3.3 The new registrant shall comply with the provisions of
paragraph 2.2 in respect of registration and with the further provisions of
BSCP20 in respect of a change of registrant.
2.3.4 Where a
Registrant ceases or will cease to be the
Party responsible for
Exports or
Imports measured by a
CVA Metering System, it shall (subject to
paragraph 2.3.2) withdraw from, and consent to the new registrant’s application for, registration in respect of the
Metering System.
2.3.5 A change of registrant shall be effective, and the withdrawing
Party shall cease to be
Registrant of the
CVA Metering System, conditional upon, and with effect on and from, the new registrant's registration becoming effective in accordance with
paragraph 2.2 and the withdrawing
Party’s cancellation or reconfiguration of
BM Units pursuant to
paragraph 3.6.2 becoming effective.
2.3.6 A Party shall not be released, by reason of ceasing to be Registrant of a CVA Metering System, from any accrued liabilities as Registrant or (as Lead Party in respect of the associated BM Unit) in Settlement.
2.4 Registration in CSS and SMRS
2.4.1 Subject to
paragraph 2.4.2, where a
Boundary Point Metering System is not permitted to be, or (if it is permitted, but not obliged) is not, registered in
CMRS, the
Metering System shall be registered in CSS; and the responsible
Party shall be deemed to comply with the requirement in
paragraph 1.2.1(b) by complying with the further requirements of this
paragraph 2.4 and of the
Code relating to registration in CSS and
SMRS.
2.4.3 Where a Supplier intends:
(a) to supply electricity, or
(b) to receive Export Active Energy from a Third Party Generator,
measured by a Metering System which is or is to be registered in SMRS then in respect of that registration, and following registration of such Metering System in CSS, the Supplier shall, in accordance with BSCP501:
(ii) provide that SMRA with the appropriate information; and
(iii) inform that SMRA from time to time of any changes to that information.
2.4.4
Section S sets out further requirements applying to each
SMRA in relation to
SMRS.
2.5 Shared SVA Meter Arrangements
2.5.1 Subject to and in accordance with this
paragraph 2.5 and the further provisions of the
Code, one or more
Supplier(s) may make an arrangement (a "
Shared SVA Meter Arrangement") under which there is a single
SVA Metering System for
Exports or
Imports (from or to the same
Plant and
Apparatus) for which the one or more
Supplier(s) are responsible.
2.5.2 A Shared SVA Meter Arrangement may be made only:
(a) in relation to a SVA Metering System comprising Half Hourly Metering Equipment; and
(b) in relation to
Exports or (as the case may be)
Imports for which the one or more
Suppliers are responsible (and not in relation to a combination of
Exports and
Imports but without prejudice to
paragraph 2.5.4(c)(ii)); and
(c) between no more than the maximum number of Suppliers in relation to a SVA Metering System as may from time to time be determined and published by BSCCo in accordance with the procedures set out in BSCP550 (and, where a maximum number is so specified, references in the Code to one or more Supplier(s) under a Shared SVA Meter Arrangement are subject to such maximum limit).
2.5.3 A Shared SVA Meter Arrangement shall be made, and related information submitted, maintained and updated, in accordance with and subject to the provisions of BSCP550.
2.5.4 Where Supplier(s) make a Shared SVA Meter Arrangement:
(a) the Suppliers shall ensure that each is informed of each other's identity by the SVA Customer or (as the case may be) SVA Generator, where applicable;
(b) where the Shared SVA Meter Arrangement is made by two or more Suppliers, the Suppliers shall agree which of them is to act as primary Supplier for the purposes of the Code, failing which the Panel shall nominate one of them to act as primary Supplier;
(c) the Supplier(s) shall:
(i) register the Shared SVA Metering System in the CSS with a different SVA Metering System Number, for which each Supplier shall be respectively responsible;
(ii) where the
Supplier is the variable supplier as referred to in
paragraph 3.5.5 of Annex S-2, register the
Shared SVA Metering System in the CSS with two different
SVA Metering System Numbers (one classed as import and the other as export in accordance with
BSCP550), for which such
Supplier is responsible;
(iii) request a logical disconnection by the SMRA and registration deactivation by the CSS if at any time it ceases to be responsible for the Shared SVA Metering System, provided that:
(1) where the Shared SVA Meter Arrangement is made by two or more Suppliers, all such Suppliers may not cease to be so responsible at the same time unless the relevant SVA Metering System is disconnected and registration deactivated at that time or another Supplier or Suppliers assume responsibility for that Metering System in accordance with the provisions of the Code with effect from the time when all such Suppliers cease to be so responsible; and
(2) where a Supplier ceases to be so responsible as a result of another Supplier assuming such responsibility, that other Supplier (rather than the Supplier ceasing to be so responsible) shall inform the CSS;
(iv) maintain and update the information for which it is responsible in the SMRS;
(d) the Primary Supplier shall ensure that an Allocation Schedule and the associated rules for application and maintenance of the Allocation Schedule are established and submitted in accordance with BSCP550.
2.5.5 In connection with any Shared SVA Meter Arrangement, the Primary Supplier shall:
(a) ensure (in accordance with
Section J4.1.4) that only one
SVA Meter Operator Agent and one
Data Collector is appointed for the
Shared SVA Metering System;
(c) notify the Secondary Supplier(s) of their SVA Metering System Number(s) , where applicable;
(d) promptly inform any Secondary Supplier(s) of any changes to information for which the Primary Supplier is solely responsible in relation to the Shared SVA Metering System;
(e) ensure that each Secondary Supplier, if any, has equal access, for so long as the Secondary Supplier remains a Secondary Supplier in respect of the Shared SVA Metering System, to the data recorded by the relevant Metering Equipment;
(f) be the Party responsible for submitting the initial Allocation Schedule and any subsequent Allocation Schedules to the Half Hourly Data Collector and the Secondary Supplier(s);
(g) where the initial or any subsequent Allocation Schedule specifies an amount of energy to be employed by way of fixed block or multiple fixed block in accordance with BSCP550, estimate and notify to the Half Hourly Data Collector the maximum output or consumption capacity (as the case may be) of the Plant or Apparatus associated with the Shared SVA Metering System (expressed in MWh per Settlement Period), and revise such estimate from time to time, in each case in accordance with BSCP550.
2.5.6 Where a Secondary Supplier ceases to be a Secondary Supplier in respect of a Shared SVA Metering System and is not replaced by a new Secondary Supplier (or by the Primary Supplier as part of a single Supplier Shared SVA Meter Arrangement) in accordance with BSCP550, and no other Secondary Suppliers form part of the Shared SVA Meter Arrangement:
(a) the SVA Metering System shall cease to be the subject of a Shared SVA Meter Arrangement;
(b) the Primary Supplier shall assume sole responsibility for such Metering System; and
(c) the SMRA shall be requested to mark the SVA Metering System Number of the Secondary Supplier as disconnected.
2.5.7 Where a Secondary Supplier ceases to be a Secondary Supplier in respect of a Shared SVA Metering System and is not replaced by a new Secondary Supplier in accordance with BSCP550 but other Secondary Suppliers still form part of the Shared SVA Meter Arrangement:
(a) the Primary Supplier shall ensure that a subsequent Allocation Schedule is submitted; and
(b) the SMRA shall be requested to mark the relevant SVA Metering System Number(s) of the Secondary Supplier as disconnected.
2.5.8 Where the Primary Supplier ceases to be the Primary Supplier and is not replaced by a new Primary Supplier (or by the Secondary Supplier as part of a single Supplier Shared Meter Arrangement) in accordance with BSCP550, and there is only one Secondary Supplier which forms part of the Shared SVA Meter Arrangement:
(a) the SVA Metering System shall cease to be the subject of a Shared SVA Meter Arrangement;
(b) the Secondary Supplier shall assume sole responsibility for such Metering System; and
(c) the Secondary Supplier shall request the SMRA to mark its SVA Metering System Number as disconnected and to register the Secondary Supplier as the Registrant of such Metering System with the SVA Metering System Number previously assigned to such Primary Supplier.
2.5.9 Where the Primary Supplier ceases to be the Primary Supplier and is not replaced by a new Primary Supplier in accordance with BSCP550 and there is more than one Secondary Supplier which form part of the Shared SVA Meter Arrangement:
(a) the SVA Metering System shall continue to be the subject of a Shared SVA Meter Arrangement;
(b) the Secondary Suppliers shall agree which of them is to act as Primary Supplier, failing which the Panel shall nominate one of them to act as Primary Supplier;
(c) the Secondary Supplier which assumes the role of Primary Supplier shall:
(i) ensure that a subsequent Allocation Schedule is submitted; and
(ii) request the SMRA to mark its Secondary SVA Metering System Number(s) as disconnected and to register it with the SVA Metering System Number previously assigned to the Primary Supplier.
2.5.10 This
paragraph 2.5 shall apply on a
Supplier ID basis (and a
Supplier may be party to a
Shared SVA Meter Arrangement in the capacities of its
Supplier IDs) and its provisions shall be construed accordingly.
2.6 Transfer of Registration between CMRS and SMRS
2.6.1 A
Party which is or is to be the
Registrant of a
Metering System in
CMRS may transfer the registration to
SMRS, and a
Party which is or is to be the
Registrant of a
SVA Metering System in
SMRS may transfer the registration to
CMRS, subject to and in accordance with this
paragraph 2.6; and in this paragraph such a transfer is referred to as a "
Registration Transfer".
2.6.2 A Registration Transfer:
(a) may only be made where the
Metering System is eligible (in accordance with this
paragraph 2) to be registered in both
CMRS and
SMRS;
(b) shall be made by (and effective from) registration in CMRS or (as the case may be) SMRS at the same time as withdrawal from registration in the other.
2.6.3 A Registration Transfer shall be made in accordance with and subject to BSCP68.
2.6.4 For the avoidance of doubt, a
Registration Transfer may be made in parallel with an application for a change of
Registrant and, subject to compliance with this
paragraph 2.6 and with
paragraphs 2.3 and
2.4, a
Registration Transfer may become effective on the same day as a change of
Registrant.
2.7.1 A Virtual Lead Party or Supplier shall register an Asset Metering System in AMRS by submitting a registration application to the SVAA in accordance with and subject to the provisions of BSCP602.
2.7.2 The SVAA will validate and process the registration application in accordance with BSCP602.
2.7.3 The following requirements are conditions which must be met before the registration of an Asset Metering System in AMRS is effective and the Registrant is provided with an AMSID Number:
(a) the
Metering Equipment has been installed and commissioned in accordance with
Section L;
(b) the Asset Meter has not already been registered within another Asset Metering System;
(c) the Asset Meter is installed in compliance with the requirements of Code of Practice Eleven;
(d) all Associated MSID Pairs have been provided;
(e) where the applicant is not the Equipment Owner, the consent of the Equipment Owner has been obtained; and
(f) the registrations pursuant to
paragraph 8 of the
BM Unit(s) associated with the
Asset Metering System are effective.
2.7.3A For the avoidance of doubt there is no requirement to appoint Asset Metering Party Agents and for these to be effective prior to registering the Asset Metering System. However, the Asset Metering Party Agents must be appointed and be effective before the Asset Metering System is allocated to a BM Unit or used for the purposes of an EMR AMSID Declaration.
2.7.4 Registration of an Asset Metering System in AMRS will become effective on and from the later of:
(a) the date from which the applicant wishes the registration to be effective; and
(b) the day following that on which (in accordance with
BSCP602) the
SVAA has confirmation that all the requirements listed in
paragraph 2.7.3 have been satisfied.
2.7.5 The Registrant of an Asset Metering System shall, in accordance with BSCP602, keep its registration up-to-date, by notifying the SVAA of any change in any of the details contained in the registration, promptly upon any such change occurring.
2.7.6 A Virtual Lead Party shall not be allocated any volumes for Balancing Services as measured by an Asset Metering System until the Asset Metering System registration in the AMRS is effective.
2.8.1 The Registrant of an Asset Metering System shall continue to be the Registrant until such time as:
(a) where a
Virtual Lead Party or
Supplier is the registrant of an
Asset Metering System and another
Virtual Lead Party or
Supplier applies (in accordance with
paragraph 2.7) for registration of that
Asset Metering System and becomes the
Registrant (the "
New Asset Metering System Registrant"); or
(b) the Asset Metering System is de-registered in accordance with BSCP602; or
(c) the Registrant ceases to be a Virtual Lead Party or Supplier.
2.8.2 The New
Registrant shall comply with the provisions of
paragraph 2.7 in respect of registration of the
Asset Metering System and with the further provisions of
BSCP602.
2.9 Registration of On-Site Aggregation SVA Metering Systems
2.9.1 Where the owner/operator of a Licence Exempt Distribution Network or its Associated Supplier (as opposed to a Third Party Supplier) chooses to adopt the on-site aggregation option ("On-Site Aggregation Option") as more particularly described in paragraph 4.9.3 of BSCP502, it shall establish and register an on-site aggregation SVA Metering System ("On-Site Aggregation SVA Metering System"). For the purposes of this paragraph, "Licence Exempt Distribution Network" means a Distribution System that is not operated by a Licensed Distribution Operator and which is not an Associated Distribution System, "Third Party Supplier" shall mean a Supplier supplying electricity to SVA Customers on the Licence Exempt Distribution Network other than the owner/operator of the Licence Exempt Distribution Network or its Associated Supplier and "Associated Supplier" shall mean any person responsible for supplying the Import only Metering Equipment on the Licence Exempt Distribution Network.
2.9.2 On-Site Aggregation SVA Metering Systems may:
(a) only comprise Half Hourly Metering Equipment;
(b) in relation to Metering Equipment used for the purpose of Import only, comply with Code of Practice 10; and
(c) in relation to any Plant and Apparatus capable of generation comprising such On-Site Aggregation SVA Metering System ("relevant Plant and Apparatus"), comply with the relevant Code of Practice.
2.9.3 Where the Licence Exempt Distribution Network has multiple feeders, the customer’s comprised within the On-Site Aggregation Option connected to each feeder may be:
(a) aggregated under one Import SVA Metering System; or one Import SVA Metering System and one Export SVA Metering System with the agreement of the relevant LDSO; or
(b) aggregated under one Import SVA Metering System; or one Import SVA Metering System and one Export SVA Metering System per independent feeder.
2.9.4 The SVA Meter Operator Agent shall provide a copy (or updated copy accordingly) of an On-Site Aggregation form to BSCCo following registration of an On-Site Aggregation SVA Metering System or any change thereto requiring an update to the On-Site Aggregation form in accordance with the REC Metering Operations Schedule.
2.9.5 BSCCo will maintain a register of all On-Site Aggregation SVA Metering Systems.
2.9.6 The Measurement Class of the On-Site Aggregation SVA Metering Systems shall be:
(a) Measurement Class "C" where the maximum demand of the output of the On-Site aggregation rules (as set out in BSCP502) comprised within the On-Site Aggregation SVA Metering Systems exceeds or is equal to 100kW;
(b) Measurement Class "E" where the maximum demand of the output of the On-Site aggregation rules (as set out in BSCP502) comprised within the On-Site Aggregation SVA Metering System exceeds or is equal to 69kW but less than 100kW; and
(c) Measurement Class "G" where the maximum demand of the output of the On-site aggregation rules (as set out in BSCP502)comprised within the On-Site Aggregation SVA Metering System is less than 69kW.
2.9.7 Where SVA Metering Equipment originally associated with an SVA Metering System supplied by a Third Party is adopted within an On-Site Aggregation SVA Metering System, the original SVA Metering System shall be logically disconnected.
3. CONFIGURATION AND REGISTRATION OF PRIMARY BM UNITS
3.1 Configuration of Primary BM Units
3.1.1 Subject to
paragraph 3.3 (
Supplier BM Units) and
paragraph 5 (
Interconnectors), a
BM Unit shall comprise
Plant or
Apparatus or a combination of
Plant and/or
Apparatus for whose
Exports and/or
Imports a
Party is responsible.
3.1.2 Save as provided in
paragraph 3.1.4, a
BM Unit must satisfy the following registration criteria:
(a) subject to
paragraph 3.1.3A only one
Party is responsible for the
Exports and/or
Imports from or to the
Plant and/or
Apparatus which is comprised in the
BM Unit;
(b) subject to
paragraph 3.3.9A, the
Exports and/or
Imports of
electricity from and to the
Plant and/or
Apparatus comprised in the
BM Unit are capable of being controlled independently of the
Exports or
Imports of
electricity from or to any
Plant or
Apparatus which is not comprised in the
BM Unit;
(i) the provisions of the Code as to Volume Allocation, and any options or entitlements which the responsible Party has exercised or intends to exercise pursuant to those provisions; and
(ii) the
Metering Equipment which is or is to be installed pursuant to
Section L
the quantities (in aggregate) of electricity Exported and Imported in each Settlement Period from or to the Plant and/or Apparatus comprised in the BM Unit are or will be determined (in accordance with the provisions of the Code as to Volume Allocation) and submitted to the SAA for the purposes of Settlement separately from any quantities Exported or Imported from or to any Plant and/or Apparatus which is not comprised in the BM Unit;
(d) subject to
paragraph 3.1.3A, the
BM Unit does not comprise
Plant and
Apparatus whose
Imports and
Exports are measured by both
CVA Metering System(s) and
SVA Metering System(s); and
(e) subject to 3.1.2B there are no smaller aggregations of the Plant and Apparatus comprised in the BM Unit, for each of which the conditions in paragraphs (a), (b) and (c) would be satisfied.
3.1.2A A BM Unit (other than a Supplier BM Unit or Interconnector BM Unit) comprised of EII Assets shall not be comprised of any:
(a) Plant or Apparatus that are not EII Assets; and/or
(b) EII Assets with a different Exemption Proportion.
3.1.2B A collection of smaller aggregations of Plant and Apparatus may be registered as a single BM Unit, provided:
(a) the Registered Capacity of that collection of Plant and/or Apparatus is no larger than that specified in respect of a Small Power Station; and
(b) the Exports from that collection of Plant and/or Apparatus are subject to common control as a single BM Unit.
3.1.3 Subject to
paragraphs 3.1.4B and
3.1.4C, the same
Plant and
Apparatus may be comprised in more than one
BM Unit only to the extent that different persons are responsible for the
Exports from and the
Imports to such
Plant and
Apparatus or as permitted in
paragraph 3.1.3A.
3.1.3A Plant and/or Apparatus comprised in a BM Unit, whose Exports and/or Imports are measured by CVA Metering System(s), may also be comprised in another BM Unit, Imports to which are measured by a Metering System, which may be registered by a different person, in the SMRS, provided that:
(a) there are measures in place to prevent Exports from that Plant and/or Apparatus to the SVA Metering System associated with that Plant and/or Apparatus;
(b) the SVA connection is equal to or less than the limit determined by the Panel from time to time; and
(c) there are measures in place to prevent instantaneous flow through of electricity:
(i) from the Metering System registered in CMRS to the Metering System registered in SMRS; and/or
(ii) between different Systems.
3.1.4 Each of the following shall be a single
BM Unit, and shall be deemed to satisfy the requirements in
paragraph 3.1.2:
(a) any CCGT Module or Power Park Module for whose Exports the Metering System(s) is or are registered in CMRS;
(b) the Plant and Apparatus which comprises part of, and which Imports electricity through the station transformer(s) of, a Generating Plant, where the Metering System(s) for such Imports is or are registered in CMRS;
(c) premises (of a Customer supplied by a Party) which are directly connected to the Transmission System, provided that such premises are so connected at one Boundary Point only;
(cc) premises (of a Customer supplied by a Party) which are directly connected to the Transmission System at more than one Boundary Point, provided that the total Imports to the Plant and/or Apparatus comprised in the BM Unit are equal to or less than the value limits prescribed in respect of a Small Power Station;
(d) an
Interconnector BM Unit, in accordance with
paragraph 5;
(e) a
Base BM Unit or an
Additional BM Unit, in accordance with
paragraph 3.3;
(f) any configuration of Plant and Apparatus that was determined as part of the transitional arrangements for the implementation of BETTA; and
(g) any two or more Offshore Power Park Modules (for whose Exports the Metering System(s) is or are registered in CMRS), where the responsible Party wishes to combine these as a single BM Unit and the NETSO in its absolute discretion determines that such a configuration is suitable to constitute a single BM Unit (a "Combined Offshore BM Unit"); and
(h) an Offshore Power Park Module together with any related Plant and Apparatus used to Import electricity to that Offshore Power Park Module and which are connected to the Transmission System at separate Transmission System Boundary Points; and
(i) a Combined Offshore Power Park Module together with any related Plant and Apparatus used to Import electricity to that Combined Offshore Power Park Module and which are connected to the Transmission System at separate Transmission System Boundary Points.
3.1.4A A combination of
Power Park Modules (including any
Power Park Module(s) comprised in a
BM Unit located
Offshore), with the same
Lead Party, may be identified as a "
Switching Group" in accordance with this
paragraph 3, in which case each such
BM Unit shall be described as "belonging" to that
Switching Group.
3.1.4B Power Park Modules may belong to a Switching Group on the basis that Plant and Apparatus can be selected to run in any of the BM Units belonging to that Switching Group.
3.1.4C Subject to
Section R3,
Plant and
Apparatus comprised in
Power Park Modules belonging to a
Switching Group shall be deemed to be comprised in the
BM Unit in which the
Plant and
Apparatus is selected to run at any given time.
3.1.4D A Power Park Module may not belong to more than one Switching Group at any given time.
3.1.5
Paragraph 3.1.6 applies in any case where (pursuant to this Section K) one or more
BM Units are required to be established, comprising particular
Plant and/or
Apparatus (the "
relevant"
Plant and
Apparatus), if the relevant
Plant and
Apparatus does not fall into a category listed in
paragraph 3.1.4 and:
(a) a
Party’s application to register a
BM Unit has been rejected by the CRA for not satisfying the registration criteria set out in
paragraph 3.1.2, and the
Party wishes to refer the question of application of the registration criteria to the
Panel; or
(b) the CRA considers that there is a reasonable doubt as to whether a
Party’s application to register a
BM Unit satisfies the registration criteria set out in
paragraph 3.1.2, and the CRA wishes to refer the question of application of the registration criteria to the
Panel.
(a) the responsible Party and/or the CRA shall refer the question of the establishment of the BM Unit(s) to the Panel;
(b) the
Panel shall determine, taking into account any representations of the
Party responsible for the relevant
Exports and/or
Imports, and after consulting the NETSO, whether the proposed configuration of the relevant
Plant and
Apparatus into
BM Unit(s) satisfies the criteria in
paragraph 3.1.2;
(c) where the
Panel considers that the proposed configuration will not satisfy the criteria in
paragraph 3.1.2, the
Panel may determine a configuration of the relevant
Plant and
Apparatus into
BM Unit(s) which in the
Panel's opinion most nearly achieves the objectives which are reflected in the criteria in
paragraph 3.1.2;
(d) the determination of the Panel under this paragraph shall be final and binding.
3.1.7
BSCCo shall keep a copy of all determinations made by the
Panel pursuant to
paragraph 3.1.6 and any decision regarding a
BM Unit that was determined as part of the transitional arrangements for the implementation of
BETTA and shall make such determinations and /or decisions available to any
Party upon request.
3.1.8 A BM Unit comprised of CFD Assets shall be comprised solely of the CFD Assets specified in the Contract for Difference relating to that BM Unit and shall not include any other Plant or Apparatus (the "Relevant CFD Assets").
3.1.9 Any change in any of the details contained in the registration of a
BM Unit must meet the criteria for registration set out in this section K and the
Lead Party for the
BM Unit shall notify the CRA promptly upon any such change occurring, in accordance
with 3.6agraph 3.6 and
BSCP15.
3.2 Registration of BM Units
3.2.1 Each
Party shall ensure that all
Plant and
Apparatus, for whose
Exports and/or
Imports it is responsible, is comprised in
BM Units established and registered by it in compliance with this
paragraph 3.
3.2.2 The further provisions of this
paragraph 3.2 shall only apply to
BM Units comprising
Plant and/or
Apparatus, for whose
Exports and/or
Imports a
Party is responsible, measured by
CVA Metering Systems.
3.2.3 A Party may apply to register a BM Unit by submitting a registration application to the CRA specifying:
(a) the identity of the applicant Party;
(b) the date from which the applicant wishes the registration to be effective;
(c) the estimated amounts referred to in
paragraph 3.4.1 (for the purposes of establishing the
Generation Capacity and the
Demand Capacity) for the proposed
BM Unit;
(d) the CVA Metering Systems associated with the proposed BM Unit; and
(e) the Switching Group to which the BM Unit belongs (if any).
3.2.4 An application to register a BM Unit shall be made in accordance with and subject to BSCP15.
3.2.5 The CRA (after consultation with
BSCCo and the
CDCA) will validate (as to compliance with
paragraph 3.2.6 and otherwise) and process the registration application in accordance with
BSCP15.
3.2.6 The following requirements are conditions to a registration of a BM Unit being effective:
(a) the
BM Unit is configured in accordance with the requirements of
paragraph 3.1;
(b) subject to
paragraph 5 (in relation to
Interconnector BM Units), the registration(s) pursuant to
paragraph 2 of the
CVA Metering System(s) associated with such
BM Unit are, but for satisfaction (where applicable) of any condition in
paragraph 2 as to the effective registration of such
BM Unit, effective;
(c) the estimated amounts (for the purposes of establishing the
Generation Capacity and
Demand Capacity) for the
BM Unit have been notified to the CRA in accordance with
paragraph 3.4.2(a);
(d)
Aggregation Rules for such
BM Unit have been submitted to and validated by the
CDCA under
Section R; and
(e) a
Credit Assessment Load Factor has been allocated to the
BM Unit in accordance with
Section M1.5.
3.2.7 Registration of a BM Unit will become effective, and the applicant will become the Lead Party of that BM Unit, on and from the later of:
(b) the day following that on which (in accordance with
BSCP15)
BSCCo confirms to the CRA that all of the requirements (including those in
paragraph 3.2.6) specified for such effectiveness in that
BSC Procedure have been satisfied.
3.2.8 The
Lead Party for a
BM Unit shall, keep its registration up-to-date in accordance with
paragraph 3.1.9.
3.3.1 Each Supplier shall:
(a) automatically be registered as holding one
BM Unit for each
GSP Group, irrespective of whether it has any Registered
SVA Metering Systems in the
GSP Group (and, for the purposes of this paragraph (a), a
Party shall be deemed to have applied for such registrations upon applying to register itself as a
Supplier pursuant to
Section A4); and
(b) notify the estimated amounts (for the purposes of establishing the
Generation Capacity and
Demand Capacity) for each such
BM Unit in accordance with
paragraph 3.4.2(a) at or before the registration of such
BM Unit, provided that if such
Supplier fails to notify such amounts as required by this paragraph (b), it shall be deemed to have notified a value of zero for each such amount (but without prejudice to
paragraph 3.4.2(c)).
3.3.2 In addition, a Supplier may apply to register a BM Unit associated with a GSP Group by giving notice to the CRA specifying:
(a) the identity of the Supplier;
(b) the GSP Group with which the BM Unit is to be associated;
(c) the date with effect from which the BM Unit is to be established;
(d) the estimated amounts referred to in
paragraph 3.4.1 (for the purposes of establishing the
Generation Capacity and the
Demand Capacity) for the proposed
BM Unit; and
(e) whether the BM Unit constitutes a Baselined BM Unit.
3.3.3 Application for registration of a
BM Unit pursuant to
paragraph 3.3.2 shall be made in accordance with and subject to
BSCP15, and the registration shall be effective, and the
Supplier will become the
Lead Party of that
BM Unit, on the later of:
(b) the date when registration is confirmed by BSCCo to the CRA in accordance with BSCP15.
3.3.4 The CRA shall validate and process applications for registration of a Supplier BM Unit in accordance with and subject to BSCP15.
3.3.5 For any
Supplier and any
GSP Group, the "
Base BM Unit" is the
Supplier BM Unit which was registered for the
Supplier pursuant to
paragraph 3.3.1, and each other
Supplier BM Unit is an "
Additional BM Unit".
3.3.6 A Supplier may not cancel or withdraw from the registration of a Base BM Unit while it remains a Supplier.
3.3.7 A
Supplier may assign the
Plant and
Apparatus associated with particular
SVA Metering Systems (of which it is
Registrant) in any
GSP Group to any
Additional BM Unit registered by it for that
GSP Group, subject to the conditions set out in and in accordance with the provisions of
Section S6.
3.3.8 All of the Plant and Apparatus associated with a Supplier's Registered SVA Metering Systems in a GSP Group which are not for the time being assigned to an Additional BM Unit shall be comprised in its Base BM Unit for that GSP Group.
3.3.9A
Paragraph 3.1.2(b) shall not apply to the extent to which
Imports of
electricity to the
Plant and/or
Apparatus comprised in a
BM Unit are measured by
Metering Systems which are part of a
Teleswitch Group.
3.3.10 The Lead Party for a Supplier BM Unit shall, in accordance with BSCP15, keep its registration up-to-date, by notifying the CRA of any change in any of the details contained in the registration, promptly upon any such change occurring.
3.3.11 This
paragraph 3.3 shall apply on a
Supplier ID basis and its provisions shall be construed accordingly, and:
(a) a
Supplier will be registered under
paragraph 3.3.1 in respect of each of its
Supplier IDs as holding one
BM Unit for each
GSP Group (and accordingly will hold a set of
Base BM Units for each of its
Supplier IDs); and
(i) holding one Supplier ID may not cancel or withdraw from the registration of a Base BM Unit relating to that Supplier ID while the Supplier remains a Supplier;
(ii) holding more than one Supplier ID may cancel and withdraw from the registration of the set of Base BM Units relating to an additional Supplier ID:
(A) provided the Supplier has no Registered SVA Metering Systems with the additional Supplier ID in any GSP Group;
(B) following which cancellation and withdrawal the Supplier shall no longer hold, for the purposes of the Code, the additional Supplier ID.
3.3.12 Where a Supplier is the Registrant of SVA Metering System(s) associated with CFD Assets, the Supplier shall in respect of those CFD Assets:
(a) ensure that Additional BM Unit(s) have been registered in accordance with this Section K; and
(b) assign only the Relevant CFD Assets to such Additional BM Unit(s).
3.3.13 If at any time BSCCo receives a notice from an EMR Settlement Services Provider in respect of CFD Assets to register or de-register Additional BM Units in a GSP Group then BSCCo shall:
(a) in respect of the
GSP Group to which those
CFD Assets are connected, register
Additional BM Units for each
Supplier identified by
BSCCo under
paragraph 3.3.14; or
(b) de-register any
Additional BM Unit in that
GSP Group which were registered under
paragraph 3.3.13(a) and which are connected to those
CFD Assets but which are no longer required,
in each case in accordance with BSCP15.
3.3.14 In respect of each GSP Group BSCCo shall establish and maintain a list identifying:
(a) Active Power Purchasing Suppliers in that GSP Group; and
(b) any other Qualified Half Hourly Supplier that has requested to be included on that list.
3.3A Exempt Export BM Units
3.3A.1 A
Supplier BM Unit shall not be classified as an
Exempt Export BM Unit unless (disregarding
paragraph 3.1.4(e)) the
BM Unit would, if the
Metering System(s) comprised in the
BM Unit were
CVA Metering Systems, satisfy the requirements in
paragraph 3.1.2, for which purposes
paragraph 3.1.6 shall apply as if the question referred to therein were whether the configuration of
Plant and
Apparatus comprised in the
BM Unit satisfies (or best satisfies) those requirements.
3.4 Demand Capacity and Generation Capacity
3.4.1 The
Lead Party of a
BM Unit shall estimate and notify to the CRA, in relation to each
BSC Season in each year (the "
relevant"
BSC Season), from time to time in accordance with
paragraph 3.4.2, in good faith and as accurately as it reasonably can, what will be:
(a) the positive value of
QMij with the maximum magnitude (subject to
paragraph 3.4.4) for the
BM Unit in the relevant
BSC Season; and
(b) the negative value of
QMij with the maximum magnitude (subject to
paragraph 3.4.4) for the
BM Unit in the relevant
BSC Season,
provided that (in either case) if there is none, the value shall be the most recent declared value of the preceding BSC Season. Where no preceding BSC Season value is available the value shall be zero.
3.4.2 The
Lead Party shall estimate and notify to the CRA amounts under
paragraph 3.4.1:
(a) initially, at the time of registration of the
BM Unit under
paragraph 3.2 or
3.3;
(b) not later than the time specified in BSCP15 in the BSC Season preceding the relevant BSC Season; and
(c) within such period after the criteria set out in
paragraph 3.4.3 have been met as is specified in
paragraph 3.4.5, provided that the
Lead Party shall have no obligation to submit a revised estimate of any such amount in circumstances where such criteria have been met as a result of the CRA notifying the
Lead Party that the CRA has identified that either or both of the
GC and DC Breach Monitoring Criteria have been met, pursuant to
paragraph 3.5.7D(b)(ii).
3.4.2A The
Lead Party of a
Supplier BM Unit may, up to twice in each
BSC Season, (subject to
paragraph 3.4.4), also estimate and notify to the CRA increases in the negative value of QM
ij with the maximum magnitude divided by SPD where the
Lead Party becomes aware of or believes in good faith that such value will become greater than DC for the remainder of the
BSC Season.
3.4.3 The criteria referred to in
paragraph 3.4.2(c) are that, for any
Settlement Period in the relevant
BSC Season, or (as the case may be) the remainder of the relevant
BSC Season following a revised estimate notified in accordance with
paragraph 3.4.2A:
(a) the positive value of
QMij (subject to
paragraph 3.4.4) for the
BM Unit divided by SPD exceeds or the
Lead Party becomes aware or believes in good faith that such value will exceed GC by the
GC Limits;
(b) the negative value of
QMij (subject to
paragraph 3.4.4) with the maximum magnitude for the
BM Unit divided by SPD is less than or the
Lead Party becomes aware or believes in good faith that such value will be less than DC by the
DC Limits.
3.4.3A For the purposes of the Code the GC Limits and DC Limits shall be such values as determined by the Panel from time to time after consultation with BSC Parties and in accordance with the published guidance described in 3.4.3B.
3.4.3B The Panel will establish guidance for the determination and review of the GC Limits and DC Limits.
3.4.3C BSCCo will publish GC Limits and DC Limits described in in 3.4.3A and the guidance described 3.4.3B on the BSC Website.
3.4.4 For the purposes of
paragraphs 3.4.1(a) and (b),
3.4.2A and
3.4.3(a) and (b), any part of the
BM Unit Metered Volume which is delivered or taken or which the
Lead Party reasonably believes will be delivered or taken by the
Plant or
Apparatus associated with that
BM Unit in response to an
Emergency Instruction (issued pursuant to Balancing
Code 2.9 of the
Grid Code) shall be disregarded.
3.4.5 In respect of a relevant
BSC Season, a revised estimate of the amount referred to in
paragraph 3.4.1(a) or (b), shall be notified pursuant to
paragraph 3.4.2(c) as soon as reasonably practicable after the
Lead Party becomes aware that, or ought reasonably to have become aware that the criteria referred in
paragraphs 3.4.3(a) or
3.4.3(b) (as the case may be) have been met, provided that the
Lead Party shall have no obligation to submit a revised estimate of any such amount more than twenty
Business Days after the
Initial Settlement Run in respect of the last
Settlement Period in that
BSC Season has occurred.
3.4.6 In relation to a
BM Unit, any revised estimates notified pursuant to
paragraph 3.4.2(c) and
3.4.2A shall take effect in accordance with and from the time specified in
BSCP15 and, for the avoidance of doubt, any such revision shall:
(a) in relation to the calculations undertaken by the SAA:
(i) not affect or result in the redetermination or recalculation of any values determined or calculated by the SAA under the Code which are determined or calculated in relation to Settlement Periods which fell in the period prior to the effective date of such revision;
(ii) be used in the determination or calculation of values determined or calculated by the SAA under the Code which are determined or calculated in relation to Settlement Periods which fall in the period on and after the effective date of such revision,
(b) in relation to the contribution to the calculation of Energy Indebtedness for such BM Unit undertaken by the ECVAA:
(i) not result in the recalculation of Energy Indebtedness calculated in relation to Settlement Periods which fell in the period prior to the effective date of such revision;
(ii) be used in the calculation of Energy Indebtedness calculated in relation to Settlement Periods which fall in the period on and after the effective date of such revision,
and in either case, without prejudice to
Section H3, the failure by a
Party to notify any revised amounts in accordance with
paragraph 3.4.2(c) may not give rise to any
Trading Dispute.
3.4.7 The
Panel may, and upon the reasonable request of the NETSO will, review any estimate made by a
Party under
paragraph 3.4.1; and if so requested by the
Panel in connection with any such review:
(a) the NETSO or any
Distribution System Operator will provide reasonable information to the
Panel relevant to a review of any estimate under
paragraph 3.4.1, and
(i) provide to the
Panel reasonable information to justify its prevailing estimates of the amounts under
paragraph 3.4.1, and
(ii) re-estimate such amounts after discussion with the Panel.
3.4.7A The CRA shall carry out periodic monitoring ("
GC and DC Breach Monitoring") of
Metered Volumes in respect of each
BM Unit, to identify whether, for any
Settlement Period in the relevant
BSC Season, or (as the case may be) the remainder of the relevant
BSC Season following a revised estimate made in accordance with this
paragraph 3.4:
(a) the positive value of
QMij (subject to
paragraph 3.4.7C) for the
BM Unit divided by SPD has exceeded GC by the
GC Limits; ("
GC Breach Monitoring Criterion") or
(b) the negative value of
QMij (subject to
paragraph 3.4.7C) with the maximum magnitude for the
BM Unit divided by SPD has been less than DC by the
DC Limits, ("
DC Breach Monitoring Criterion")
(together the "GC and DC Breach Monitoring Criteria").
3.4.7B GC and DC Monitoring shall take place at a time and frequency determined by BSCCo.
3.4.7C For the purposes of GC and DC Breach Monitoring, any part of the BM Unit Metered Volume which is delivered or taken by the Plant or Apparatus associated with that BM Unit in response to an Emergency Instruction (issued pursuant to Balancing Code 2.9 of the Grid Code) shall be disregarded.
3.4.7D If the CRA identifies that either or both of the GC and DC Breach Monitoring Criteria have been met in respect of a BM Unit, the CRA shall:
(a) estimate for the BM Unit, in accordance with the BM Unit Volume Estimation Methodology, what will be:
(i) if the GC Breach Monitoring Criterion is met, the positive value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season; and
(ii) if the DC Breach Monitoring Criterion is met, the negative value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season,
(together, the "CRA-Estimated GC or DC Amounts")
(b) notify the Lead Party of the BM Unit, BSCCo, the CM Settlement Services Provider and the CFD Settlement Services Provider of the following in respect of the BM Unit:
(i) that the CRA has identified that either or both of the GC and DC Breach Monitoring Criteria have been met;
(ii) the Settlement Day and Settlement Period on which the criterion or criteria were met;
(iii) the CRA-Estimated GC or DC Amounts;
(iv) the date on which the CRA-Estimated GC or DC Amounts will take effect in accordance with BSCP15;
(v) that, pursuant to
paragraph 3.4.7M, the CRA will publish a notice relating to the relevant
BM Unit; and
(together the "GC or DC Breach Notification")
3.4.7E For the purposes of estimating the CRA-Estimated GC or DC Amounts, the Panel shall establish and may from time to time revise, and shall provide to BSCCo and make available to all Trading Parties, a methodology for estimating BM Unit Metered Volumes (the "BM Unit Volume Estimation Methodology").
3.4.7F BSCCo shall post the BM Unit Volume Estimation Methodology on the BSC website.
3.4.7G Within two Working Days following the day after a GC or DC Breach Notification is deemed to have been received by the Lead Party of the relevant BM Unit, the Lead Party may:
(a) notify BSCCo that the Lead Party challenges the CRA-Estimated GC or DC Amounts (a "GC or DC Estimation Challenge");
(b) provide evidence that the CRA-Estimated GC or DC Amounts are not correct; and
(c) propose alternative amounts, for what will be, for the BM Unit:
(i) if the GC or DC Breach Notification identified that the GC Breach Monitoring Criterion is met, the positive value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season; and
(ii) if the GC or DC Breach Notification identified that the DC Breach Monitoring Criterion is met, the negative value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season,
estimated in accordance with the BM Unit Volume Estimation Methodology or, if the Lead Party considers another methodology is more appropriate, that other methodology.
(together the "Challenger-Proposed GC or DC Estimates")
3.4.7H After receiving a GC or DC Estimation Challenge, BSCCo:
(a) shall notify the CRA of the GC or DC Estimation Challenge;
(b) shall promptly consider whether BSCCo has substantial evidence that, or other reasons to believe that, there is (in accordance with the GC or DC Estimation Challenge Guidance) a material doubt as to whether the CRA-Estimated GC or DC Amounts for the BM Unit are correct;
(c) may, but shall not be required to make any enquiry of the
Lead Party of the
BM Unit or any other person, but will take into account any information already provided by the
Lead Party pursuant to
paragraph 3.4.7G.
(d) shall, within two Working Days:
(i) decide whether to uphold the GC or DC Estimation Challenge, having regard to the matters considered pursuant to paragraphs (b) and (c); and
3.4.7I The CRA shall suspend ongoing
GC and DC Breach Monitoring in respect of a
BM Unit from such time as
BSCCo has notified the CRA of a GC or
DC Estimation Challenge in respect of that
BM Unit, pursuant to
paragraph 3.4.7H(a), until:
(a) if BSCCo decides to uphold the GC or DC Estimation Challenge, the date on which the BSCCo-Determined GC or DC Estimates take effect in respect of that BM Unit, in accordance with BSCP15; or
(b) if
BSCCo decides not to uphold the GC or
DC Estimation Challenge, such time as
BSCCo notifies the CRA of that decision, pursuant to
paragraph 3.4.7H(d)(ii)(B).
3.4.7J If
BSCCo decides to uphold a GC or
DC Estimation Challenge pursuant to
paragraph 3.4.7H,
BSCCo shall notify to the CRA such amounts for:
(a) if the GC or DC Breach Notification identified that the GC Breach Monitoring Criterion is met, the positive value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season; and
(b) if the GC or DC Breach Notification identified that the DC Breach Monitoring Criterion is met, the negative value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season,
as
BSCCo considers appropriate, having regard to the
Challenger-Proposed GC or
DC Estimates and the matters considered pursuant to
paragraphs 3.4.7H(b) and
3.4.7H(c).
(together, the "BSCCo-Determined GC or DC Estimates")
3.4.7K For the avoidance of doubt, if BSCCo decides not to uphold a GC or DC Estimation Challenge, the CRA-Estimated GC or DC Amounts shall remain in place for the purposes of the relevant BM Unit Registration.
3.4.7L For the purposes of
paragraph 3.4.7H(b), the
Panel shall establish, and may from time to time revise, and shall provide to
BSCCo and shall make available to all Trading Parties, principles or guidance as to the basis on which the existence or absence of material doubt is to be established by
BSCCo (the "
GC or DC Estimation Challenge Guidance").
3.4.7M For the purposes of
paragraph 3.4.7D, the
Panel shall establish, and may from time to time revise, and shall provide to
BSCCo and shall make available to all Trading Parties, a document setting out, in relation to a notice published by the CRA:
(a) the contents of such publication; and
(b) where such publication shall be made.
3.4.7N If, for the purposes of updating the registration details of a particular BM Unit to take effect on a particular day, multiple different amounts for what will be:
(a) the positive value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season; and
(b) the negative value of QMij with the maximum magnitude for the BM Unit in the relevant BSC Season,
have been estimated by or notified to the CRA pursuant to the Code, the CRA must use the amounts with the highest priority pursuant to the GC or DC Conflict Resolution Priority Order.
3.4.7O For the purposes of
paragraph 3.4.7N, the order of priority for the amounts, from highest priority to lowest priority, is as follows:
(a) the
BSCCo-Determined GC or
DC Estimates most recently notified to the CRA by
BSCCo pursuant to
paragraph 3.4.7J;
(b) CRA-Estimated GC or DC Amounts; and
(together the "GC or DC Conflict Resolution Priority Order").
3.4.7P For the purposes of
paragraph 3.4.7D(b)(vi), the
Panel shall establish, and may from time to time revise, and shall provide to
BSCCo and shall make available to all Trading Parties, a document specifying any additional information to be included in a GC or
DC Breach Notification.
(a) the "Generation Capacity" or "GC" shall be the amount determined as:
where G is the value under
paragraph 3.4.1(a) most recently notified in relation to the relevant
BSC Season under
paragraph 3.4.2, or (if another value has been estimated by or notified to the CRA pursuant to the
Code) the value determined pursuant to
paragraph 3.4.7N;
(b) the "Demand Capacity" or "DC" shall be the amount determined as:
where D is the value under
paragraph 3.4.1(b) most recently notified in relation to the
BSC Season under
paragraphs 3.4.2 or
3.4.2A (as the case may be) , or (if another value has been estimated by or notified to the CRA pursuant to the
Code) the value determined pursuant to
paragraph 3.4.7N;
(c) the "Relevant Capacity" is:
(i) if GCi + DCi is greater than zero, GCi ;
(a) a "BSC Season" shall be as follows:
(i) BSC Spring shall be 1st March to 31st May inclusive;
(ii) BSC Summer shall be 1st June to 31st August inclusive;
(iii) BSC Autumn shall be 1st September to 30th November inclusive; and
(iv) BSC Winter shall be 1st December to 28th (or 29th, as the case may be) February inclusive
provided that the first relevant BSC Season shall be the period from the Go-live Date to the end of the next following BSC Season;
(b) a year means any period of twelve months.
3.5 Trading Units and Production and Consumption BM Units
3.5.1 A BM Unit shall be classified as a "Production" or a "Consumption" BM Unit (the applicable such classification at any time being referred to as the "P/C Status" of a BM Unit).
3.5.2 Subject to
paragraph 3.5.4,
3.5.5 and
3.5.7, a
BM Unit shall be a
Production BM Unit where it belongs to a
Trading Unit for which the sum of the Relevant Capacities, for all
BM Units which belong to that
Trading Unit, is positive and greater than zero; and otherwise shall be a
Consumption BM Unit.
3.5.3 The P/C Status of a BM Unit shall be redetermined on each occasion on which:
(a) the BM Unit joins or leaves a Trading Unit;
(b) another BM Unit joins or leaves the Trading Unit to which the BM Unit belongs; or
(c) there is any change in the Demand Capacity or Generation Capacity of any of the BM Units which belong to that Trading Unit.
3.5.4 In accordance with
paragraph 5, the
P/C Status of an
Interconnector BM Unit will not change at any time.
3.5.5 In the case of an Exempt Export BM Unit, irrespective of the Trading Unit to which the BM Unit belongs, the Lead Party shall elect, by notice to BSCCo and the CRA in accordance with BSCP15, whether the P/C Status of the BM Unit is to be Production or Consumption:
(a) upon notification to
BSCCo pursuant to
paragraph 1.5.1 that the
Generating Plant which is comprised by the relevant
BM Unit is Exemptable; and
(b) from time to time should the Lead Party wish to change its P/C Status election for the Exempt Export BM Unit.
3.5.5A BSCCo and the CRA shall ensure that an Exempt Export BM Unit has in effect at all times a P/C Status elected by the Lead Party.
3.5.7 Subject to
paragraph 3.5.5, a
BM Unit that belongs to a
Base Trading Unit shall be a
Consumption BM Unit irrespective of the sum of the Relevant Capacities for all
BM Units which belong to that
Base Trading Unit.
3.6 Changes in BM Unit registration
3.6.1 A
Party may from time to time change the configurations of the
BM Units which comprise the
Plant and
Apparatus for whose
Exports and
Imports it is responsible, by registering different
BM Units comprising such
Plant and
Apparatus, subject to and in accordance with
paragraph 3.2.
3.6.2 Where a Party ceases to be the Registrant of a CVA Metering System associated with a BM Unit for which it is the Lead Party:
(a) the Plant and Apparatus (whose Exports or Imports are measured by that Metering System) shall cease to be comprised in that BM Unit; and
(b) the
Party shall take such steps (in accordance with
BSCP15) as are necessary to give effect to paragraph (a), by cancelling the registration of that
BM Unit or reconfiguring the
BM Unit in accordance with
paragraph 3.6.1 so as to include any remaining
Plant and
Apparatus for whose
Exports or
Imports it remains responsible,
with effect from the effective date of registration of the new registrant or (as the case may be) date on which the
Party otherwise ceases to be
Registrant in accordance with
paragraph 2.3.1.
3.6.3 A
Supplier may cancel its registration of an
Additional BM Unit in accordance with
BSCP15 provided that any
Plant or
Apparatus associated with
SVA Metering Systems (of which it is
Registrant) in a
GSP Group which are assigned to such
Additional BM Unit shall automatically be assigned with effect from the date of cancellation of the
Additional BM Unit to such
Supplier's
Base BM Unit for that
GSP Group, in accordance with
paragraph 3.3.8.
3.6.4 Where a Supplier ceases to be the Registrant of any SVA Metering System in all GSP Groups (and, accordingly, ceases to be a Supplier for the purposes of the Code), it shall notify the CRA in accordance with BSCP15 and the CRA shall upon application by the Supplier to the CRA cancel the registration of each Base BM Unit for which such Supplier is the Lead Party in accordance with BSCP15.
3.7 Credit Qualifying BM Unit
3.7.1 A BM Unit shall be classified as a "Credit Qualifying BM Unit" if:
(a) it is a
BM Unit in respect of which
Section Q3 applies; and
(b) it is not an Interconnector BM Unit; and
(c) one of the requirements in
paragraph 3.7.2 is satisfied in respect of the
BM Unit;
and a BM Unit shall cease to be classified as a Credit Qualifying BM Unit if it ceases to meet the requirements in paragraphs (a), (b) and (c) above.
(a) the BM Unit is a Production BM Unit; or
(b) the BM Unit is an Exempt Export BM Unit;
4.1.1 A combination of
BM Units, with the same or different Lead Parties, may be identified as a
Trading Unit in accordance with this
paragraph 4 and
Annex K-2, in which case each such
BM Unit shall be described as 'belonging' to that
Trading Unit.
4.1.2 The basis on which BM Units belong to Trading Units shall be determined:
(a) in relation to a
Supplier BM Unit which is not an
Exempt Export BM Unit, in accordance with
paragraph 4.7;
4.1.3 A relevant
BM Unit shall belong to a
Trading Unit with effect from the registration of the
Trading Unit pursuant to
paragraph 4.5.
4.1.4 Where a relevant BM Unit does not belong, or ceases to belong, to a Trading Unit comprising one or more other BM Units, that BM Unit shall itself constitute a Trading Unit.
4.1.5 A BM Unit may not belong to more than one Trading Unit at any given time.
4.2.1 A Party may apply to the Panel for a combination of relevant BM Units (the "nominated" BM Units) to be treated as a Trading Unit by sending to the Panel a written application ("Trading Unit Application") stating the class of application and containing the other information and supported by the documents and other matters referred to in BSCP31 and signed by or on behalf of the Lead Parties for each of the BM Units concerned.
4.2.2 A Trading Unit Application shall be made in accordance with and subject to BSCP31.
4.2.3 A Trading Unit Application may be made in advance of registration of the relevant BM Units in accordance with BSCP31.
4.2.4 Annex K-2 shall apply in respect of any Trading Unit Application.
4.3.1 The Panel shall consider any Trading Unit Application in accordance with Annex K-2 and BSCP31, and shall make a determination as to whether the nominated BM Units may be treated as a single Trading Unit and shall promptly notify the Trading Unit Applicants and, where the Trading Unit Application is approved, the CRA of its determination.
4.5 Registration of Trading Units
4.5.1 Where a
Trading Unit Application has been approved, the
Trading Unit Applicants may, at any time after the
Panel notified its determination under
paragraph 4.3 (but subject to
paragraph 4.6.6), register the
Trading Unit by giving notice to the CRA:
(a) referring to the Panel's determination, and
(i) the identity of the Trading Unit Applicants;
(ii) for each such applicant, the relevant BM Unit(s) for which it is Lead Party which are to belong to the Trading Unit;
(iii) the class (in accordance with
Annex K-2) of
Trading Unit; and
(iv) the date with effect from which the Trading Unit is to be registered.
4.5.2 An application to register a Trading Unit shall be made in accordance with and subject to BSCP31.
4.5.3 The CRA shall in accordance with BSCP31 validate and process an application to register a Trading Unit.
4.5.4 Registration of a Trading Unit will be effective on and from the later of:
(b) the date on which all of the requirements specified for such effectiveness in BSCP31 have been satisfied.
4.6.1 The Lead Party of any relevant BM Unit which belongs to a Trading Unit (other than a Sole Trading Unit) may terminate the registration of the Trading Unit by giving notice to the CRA and each of the Lead Parties for other relevant BM Units belonging to the Trading Unit, specifying the Trading Unit and the date with effect from which such registration is to be terminated.
4.6.2 Notice of termination of the registration of the Trading Unit shall be given in accordance with and subject to BSCP31.
4.6.3 Termination of the registration of the Trading Unit shall be effective from later of the date specified in the notice of termination and the date (in accordance with BSCP31) on which the CRA processes the notice.
4.6.4 With effect from the termination of the registration of a
Trading Unit, each of the
BM Units belonging to the
Trading Unit shall belong to a
Sole Trading Unit, except to the extent to which one or more different
Trading Units, including any of such relevant
BM Units, have been established and registered in accordance with this
paragraph 4.
4.6.5 Where a relevant BM Unit belongs to a Sole Trading Unit, it shall automatically cease to do so upon the registration of any other Trading Unit to which it belongs.
4.6.6 If at any time the Panel determines that the relevant BM Units belonging to a Trading Unit no longer satisfy the requirements on the basis of which the Trading Unit was accepted by the Panel, the registration of the Trading Unit shall be terminated.
4.6.7 The
Lead Party of each
BM Unit belonging to a
Trading Unit shall forthwith notify the
Panel if the
BM Units belonging to a
Trading Unit no longer satisfy the requirements referred to in
paragraph 4.6.6.
4.7.1 There shall automatically be established a Trading Unit (a "Base Trading Unit") in respect of each GSP Group.
(a) each Supplier BM Unit shall automatically belong to the Base Trading Unit for the relevant GSP Group; and
(b) each Exempt Export BM Unit in a GSP Group shall automatically belong to the Base Trading Unit for that GSP Group.
4.7.3 The
Lead Party of an
Exempt Export BM Unit may, by notice in writing to the CRA and
BSCCo in accordance with (and with effect as specified in)
BSCP31, elect that the
BM Unit shall not belong to the applicable
Base Trading Unit, in which case the
Trading Unit to which such
BM Unit belongs shall be determined in accordance with
paragraphs 4.2 to
4.6 (or where applicable
paragraph 4.1.3).
4.7.4 The
Lead Party of an
Exempt Export BM Unit may, by notice in writing to the CRA and
BSCCo in accordance with (and with effect as specified in)
BSCP31, withdraw an election under
paragraph 4.7.3.
5.1.1 The provisions of this
paragraph 5 apply in relation to each
Interconnector, in addition to and (to the extent in conflict with) in substitution for the other provisions of this Section K.
5.1.2 In accordance with
paragraph 1.4, the
Interconnected System Operator shall inform the CRA and the CRA will maintain a record of the
Interconnector Boundary Point(s) for each
Interconnector.
5.2.1 If, in relation to a Distribution Interconnector:
(a) a Party other than the relevant Distribution System Operator has made a request to the Panel to be treated as responsible for Exports and Imports at such Interconnector;
(b) the Panel, after making reasonable enquiries of the circumstances giving rise to such request, has approved such request and has not withdrawn its approval;
then for so long as that
Party continues to be the
Registrant of the relevant
CVA Metering System(s), and until and unless the approval of the
Panel is withdrawn, the further provisions of this
paragraph 5 (other than
paragraphs 5.2.2 and
5.2.3) shall not apply in relation to that
Interconnector, and such
Party shall be allocated a single
BM Unit in respect of such
CVA Metering System(s) (which shall not be an
Interconnector BM Unit).
5.2.2 Where and for so long as the further provisions of this
paragraph 5 do not apply to a
Distribution Interconnector by virtue of
paragraph 5.2.1, the provisions of
Section R shall apply to that
Interconnector as if it were a
BM Unit as referred to in
Section R1.1.1(a) and not an
Interconnector.
(a) at any time request the
Panel to consider whether to withdraw its approval of a request under
paragraph 5.2.1(a); and
(b) where (following such request) the
Panel decides not to withdraw such approval, if such
Party wishes the matter to be determined by the
Authority, refer to the
Authority the question whether the provisions of this
paragraph 5 should apply in relation to that
Interconnector.
5.3 Registration of Metering Systems
5.3.1 For each Interconnector, the Interconnected System Operator shall be required:
(a) to install, maintain and operate (or procure the same)
Metering Equipment pursuant to
paragraph 1.2.1(a), and
and accordingly (subject to its complying with those requirements) shall be the Registrant of such Metering System.
5.3.2 Accordingly, but only to the extent of the obligations under
paragraphs 1.2.1(a) and
(b), the
Interconnected System Operator shall be treated as the
Party responsible for
Exports and
Imports at an
Interconnector Boundary Point.
5.4 Appointment of Interconnector Administrator and Interconnector Error Administrator
5.4.1 No Party may Export or Import at an Interconnector Boundary Point unless there is an Interconnector Error Administrator appointed and registered in CRS in relation to the Interconnector.
5.4.2 The Interconnected System Operator shall not energise a new Interconnector until an Interconnector Administrator and an Interconnector Error Administrator is appointed and registered in CRS.
5.4.3 Subject to the requirements of any Licence, a Party shall be appointed as Interconnector Administrator and/or Interconnector Error Administrator in relation to an Interconnector by notice given by the Interconnected System Operator to BSCCo and the CRA, accompanied by that Party’s consent to act and application to be registered as such; and such appointment and registration shall be effective from the later of:
(a) the effective date specified in such notice, and
(b) the day following that on which BSCCo confirms to the CRA that such notice and consent have been given.
5.4.4 In relation to any Interconnector:
(a) without prejudice to
Section H3, a
Party may not resign or withdraw its consent to act as
Interconnector Administrator or
Interconnector Error Administrator, and
(b) the Interconnected System Operator may not withdraw or terminate the appointment of a Party as Interconnector Administrator or Interconnector Error Administrator,
unless and until another Party has been appointed and registered as such in its place.
5.4.5 If, in relation to an Interconnector, for any reason:
(a) the
Party for the time being appointed as
Interconnector Error Administrator ceases to be a
Party, or the registration of the
Party appointed as
Interconnector Error Administrator is removed pursuant to
Section H3.2, or
(b) otherwise at any time there is no Party so appointed,
the Interconnected System Operator shall:
(c) within thirty days thereafter, either:
(i) appoint itself as Interconnector Error Administrator; or
(d) pending one or other of the steps referred to in paragraph (c), assume the responsibilities of the Interconnector Error Administrator for the purposes of the Code.
5.4.6 If, in relation to an Interconnector, for any reason:
(a) the Party for the time being appointed as Interconnector Administrator ceases to be a Party, or
(b) otherwise at any time there is no Party so appointed, or
(c) the
Interconnector Administrator is in
Default (as defined in
Section H3.1), or
(d) the
Interconnected System Operator becomes the
Interconnector Error Administrator pursuant to
paragraph 5.4.5,
the
BM Unit Metered Volumes for the
Interconnector BM Units of any relevant
Interconnector User shall be set to zero by the SAA (and, accordingly, the
Interconnector Metered Volume shall be attributed to the relevant
Interconnector BM Unit of the
Interconnector Error Administrator in accordance with
Section T4.1) until and unless a replacement
Interconnector Administrator or
Interconnector Error Administrator (as the case may be) is appointed and registered in accordance with the provisions of
paragraph 5.4.3 or (as the case may be) the
Interconnector Administrator ceases to be in
Default.
5.4.7
BSCCo shall notify the SAA if and when any of the circumstances described in
paragraph 5.4.6 occur.
(a) the NETSO may only de-energise the Interconnector with the approval of the Panel and with the approval, in relation to an Interconnector connected to an External System in the National Electricity Transmission System Operator Area, of the Authority or, in relation to an Interconnector connected to an External System outside the National Electricity Transmission System Operator Area, of the Secretary of State;
(b) subject to paragraph (a), each Party hereby consents to such de-energisation;
(c) each relevant Interconnector User shall indemnify and keep indemnified the Interconnected System Operator on demand against any and all liability, loss or damage which it may suffer by reason of effecting such de-energisation (but without prejudice to any agreement or arrangement between the relevant Interconnector Users and the Interconnected System Operator outside the terms of the Code in respect of such matters).
5.4.9 For the purposes of this
paragraph 5.4, a "relevant
Interconnector User" means an
Interconnector User with
Interconnector BM Units associated with the
Interconnector in question.
5.5 Interconnector BM Units
5.5.1 For the purposes of the
Code, an "
Interconnector BM Unit" is a notional
BM Unit associated with an
Interconnector; and (except in
paragraph 3.1 and unless otherwise provided or the context otherwise requires) an
Interconnector BM Unit shall be treated as a
BM Unit for all purposes of the
Code.
5.5.2 The
Interconnector Error Administrator shall, upon its appointment as such becoming effective, automatically be allocated (and registered in respect of) two
Interconnector BM Units in accordance with
paragraph 5.5.5.
5.5.3 Any
Trading Party may apply to register
Interconnector BM Units in relation to an
Interconnector, and
paragraphs 3.2.3 to
3.2.8 shall apply in relation to such application and registration, subject as follows:
(a) the Party shall identify the Interconnector in its registration application;
(b) the requirement (to identify the associated
Metering Systems) in
paragraph 3.2.3(d) shall not apply;
5.5.4 The requirements are that:
(a) the
Interconnected System Operator is
Registrant of the related
Metering Systems (and such registration is effective in accordance with
paragraph 2.2.5);
(b) a
Party or Parties are registered as
Interconnector Administrator and
Interconnector Error Administrator and such registrations are effective in accordance with
paragraph 5.4.3.
5.5.5 Each Party who registers Interconnector BM Units in relation to any Interconnector will be allocated (and registered in respect of) two Interconnector BM Units designated as a Production BM Unit and a Consumption BM Unit respectively.
5.5.6 In relation to the NETSO:
(a) where the NETSO is appointed (other than pursuant to
paragraph 5.4.5) as
Interconnector Error Administrator in respect of an
Interconnector, the
Interconnector BM Units allocated to the NETSO pursuant to
paragraph 5.5.2 for that
Interconnector shall be associated with the corresponding
TC (IEA) Energy Accounts for that
Interconnector;
(b) any other
BM Units allocated to the NETSO (under
paragraph 5.5.2 or
Section R7.5.2) shall be associated with the corresponding
TC (Non-IEA) Energy Accounts,
and, for the avoidance of doubt, the NETSO shall apply for and hold the
TC (Non-IEA) Energy Accounts in accordance with
Section A.
5.6 Demand Capacity and Generation Capacity
5.6.1 In relation to a
Production Interconnector BM Unit,
Generation Capacity shall be determined under
paragraph 3.4.8(a) and the value of
Demand Capacity shall at all times be zero.
5.6.2 In relation to a
Consumption Interconnector BM Unit,
Demand Capacity shall be determined under
paragraph 3.4.8(b) and the value of
Generation Capacity shall at all times be zero.
5.7.1 An Interconnector BM Unit that is associated with an Interconnector that has Boundary Points at more than one Site may not belong to a Trading Unit other than a Sole Trading Unit.
6.1 Central Registration Service
(a) establish, maintain and operate the CRS;
(b) receive (from Parties, Party Agents, other BSC Agents, BSCCo or others), validate and (if required) process:
(i) applications for registration in CRS, and
(ii) data which is required to be maintained in the CRS, including data relating to Parties, Party Agents, Qualified Persons, BM Units and Trading Units;
and maintain and from time to time update and amend such registrations and data; and
(c) send data from the CRS to Parties, Party Agents, other BSC Agents, BSCCo and others
subject to and in accordance with the requirements of the Code and applicable BSC Procedures.
6.1.2 The CRA shall provide or make available registration data from CRS as follows:
(a) the CRA shall provide each day to the SAA, FAA, ECVAA, NETSO, each Interconnector Administrator and BSCCo, the full registration data in CRS;
(b) the CRA shall provide each day to the BMRA BM Unit registration data;
(c) the CRA shall notify to the SVAA in accordance with BSCP15 details of the Supplier BM Units registered by each Supplier;
(d) the CRA shall notify to the SVAA in accordance with BSCP15 details of the Secondary BM Units registered by each Virtual Lead Party;
(e) the CRA shall make available to each Party in accordance with BSCP65 details of that Party’s registrations in CRS:and
(f) the CRA shall provide to the SAA details of each CVA BM Unit submitted as part of an EMR CVA BM Unit Declaration.
6.2 Central Meter Registration Service
6.2.1 In relation to the CMRS:
(a) the CRA and the CDCA shall establish, maintain and operate the CMRS;
(b) the CRA shall receive (from Parties or Party Agents), validate and process applications for registration of Metering Systems in CMRS and allocate an identification number to each such Metering System, and maintain and from time to time update and amend such registrations and data;
(c) the CDCA shall receive (from Parties or Party Agents), validate and process applications for registration of data relating to Metering Systems which is required to be maintained by the CDCA in CMRS, and maintain and from time to time update and amend such registrations and data;
(d) the CRA and the CDCA shall send data from the CMRS to Parties, Party Agents, other BSC Agents, BSCCo and others
subject to and in accordance with the requirements of the Code and applicable BSC Procedures.
6.2.2 The CRA shall provide or make available registration data from CMRS as follows:
(a) the CRA shall provide each day to the NETSO and BSCCo the identity of each Metering System registered in CMRS and its Registrant;
(b) the CRA shall make available to each Party in accordance with BSCP65 details of that Party’s registrations in CMRS.
6.3 EMR CVA BM Unit Declarations
6.3.1 Where the Registrant of a Metering System that has been registered in CMRS (a “CVA BM Unit”) pursuant to 2.1.1(b) wishes to exclude the Import associated with that Metering System from the calculation by the EMRS of the Registrant’s Final Consumption Levies, the Registrant should register the CVA BM Unit relating to that CVA Metering System by submitting an “EMR CVA BM Unit Declaration” in accordance with BSCP15.
7. FAILING SUPPLIER PROCESS
7.1 Transfer of responsibility
7.1.1 For the purposes of the Code:
(a) "Supplier of Last Resort" means, in relation to a BM Unit comprising or including premises of one or more Customers, the Trading Party to which a last resort direction is issued by the Authority in respect of those premises;
(b) "last resort direction" has the meaning given to that term in each Supply Licence;
(c) "
Transferee" means, in relation to a
BM Unit, the
Trading Party identified as the transferee for that
BM Unit in a notice which is given and takes effect pursuant to and in accordance with
paragraph 7.2;
(d) the "Affected BM Units" are:
(i) in relation to a
Supplier of Last Resort, the
BM Unit(s) comprising or including premises in respect of which the
last resort direction is made and, where applicable, any related
BM Units referred to in
paragraph 7.3.3;
(ii) in relation to a
Transferee, the
BM Unit(s) specified in the notice given pursuant
to 7.2agraph 7.2 in respect of that
Transferee and, where applicable, any related
BM Units referred to in
paragraph 7.3.3;
and, in each case, an "Affected BM Unit" shall be a particular one of them.
(e) "Replacement Supplier" means, in relation to an Affected BM Unit:
(i) the Supplier of Last Resort; or
(f) "failing Supplier" means:
(i) in relation to a Supplier of Last Resort, the other supplier (as defined in the Supply Licence of the Supplier of Last Resort); and
(ii) in relation to a
Transferee, the
Lead Party giving (and entitled to give) the notice referred to in
paragraph 7.2.1;
(g) the "Appointment Day" means:
(i) in relation to a Supplier of Last Resort (and, where applicable, an Affected BM Unit), the day when the relevant last resort direction takes effect pursuant to the Supply Licence of the Supplier of Last Resort;
(ii) in relation to a
Transferee (and, where applicable, an
Affected BM Unit), the day next following the day on which the relevant notice referred to in
paragraph 7.2 is received by
BSCCo; and
(h) references to the 'appointment' of a Replacement Supplier are:
(i) in the case of a Supplier of Last Resort, to the issue of a last resort direction to the relevant Trading Party;
(ii) in the case of a
Transferee, to the giving of a notice to
BSCCo pursuant to
paragraph 7.2 identifying the relevant
Trading Party as the transferee,
and derivative terms shall be construed accordingly.
7.1.2 The provisions of this
paragraph 7 apply on the appointment of a
Replacement Supplier for the purposes of recognising and giving effect, under the
Code, to the transfer of responsibility for
Exports and
Imports of
Plant and
Apparatus comprised in
Affected BM Unit(s) from the
failing Supplier to the
Replacement Supplier.
7.1.3 Without prejudice to
Section N6.10, where a
Replacement Supplier is appointed, then in respect of each
Affected BM Unit:
(a) such
Replacement Supplier shall be treated for the purposes of the
Code (notwithstanding any other provision of this Section K but subject to the further provisions of this
paragraph 7) as becoming:
(i) responsible for Exports and Imports of the Plant and Apparatus comprised in that BM Unit;
(ii) the Registrant in respect of all Metering Systems associated with that BM Unit (and, for the purposes only of the Code, as having appointed and registered the Party Agents of the failing Supplier in respect of such Metering Systems, and otherwise as having complied with any conditions to the appointment or registration thereof, in accordance with the provisions of the Code); and
(iii) subject to the obligations and liabilities and entitled to the rights and benefits (including in respect of Trading Charges and BSCCo Charges) related to or connected with those Metering Systems and Exports and Imports of that Plant and Apparatus; and
(b) the relevant
failing Supplier shall be treated for the purposes of the
Code (notwithstanding any other provision of this Section K but subject to the further provisions of this
paragraph 7) as ceasing to be:
(i) responsible for Exports and Imports of the Plant and Apparatus comprised in that BM Unit;
(ii) the Registrant in respect of all Metering Systems comprised in that BM Unit; and
(iii) subject to the obligations and liabilities and entitled to the rights and benefits (including in respect of Trading Charges and BSCCo Charges) related to or connected with those Metering Systems and Exports and Imports of that Plant and Apparatus,
in each case, with effect from the time and date when the transfer of responsibility resulting from such appointment is deemed to take effect in accordance with
paragraph 7.1.4 and in respect of each
Settlement Period on and after such time, and the provisions of the
Code shall be construed accordingly.
7.1.4 The transfer of responsibility resulting from the appointment of a Replacement Supplier shall be deemed to take effect, for the purposes of the Code:
(a) in the case of a Supplier of Last Resort, from 00.00 hours on the Appointment Day;
(b) in the case of a
Transferee, from the time and date specified in the relevant notice given pursuant to
paragraph 7.2.1 and in accordance with the further provisions of
paragraph 7.2,
(such time and date being referred to in the Code as the "Replacement Supplier Transfer Date").
7.1.5 The transfer of responsibility in respect of
Exports and
Imports of
Plant and
Apparatus comprised in
Affected BM Units from the
failing Supplier to the
Replacement Supplier pursuant to this
paragraph 7.1 shall be without prejudice to and shall not affect:
(a) the rights and liabilities of the failing Supplier under the Code relating to or connected with such BM Units (or Metering Systems associated with such BM Units), including in respect of Trading Charges (including Reconciliation Charges and Ad-hoc Trading Charges) and BSCCo Charges, accrued or accruing in respect of the period prior to the Replacement Supplier Transfer Date;
(b) the rights and liabilities of the failing Supplier under the Code relating to or connected with any other BM Units or Metering Systems for which the failing Supplier is responsible, including in respect of Trading Charges (including Reconciliation Charges and Ad-hoc Trading Charges) and BSCCo Charges, accrued or accruing in respect of the period on, before or after the Replacement Supplier Transfer Date.
7.1.6 For the avoidance of doubt, nothing in this
paragraph 7 shall affect:
(a) any Energy Contract Volume Notifications for which the failing Supplier is a Contract Trading Party;
(b) any Metered Volume Reallocation Notifications for which the failing Supplier is the Subsidiary Party,
whether submitted or submitted in respect of a period on, before or after the
Replacement Supplier Transfer Date, and any such
Energy Contract Volume Notifications or
Metered Volume Reallocation Notifications validly submitted in accordance with
Section P shall apply and be taken into account in
Settlement, subject to and in accordance with the other provisions of the
Code, for the purposes of determining any liability or entitlement of the
failing Supplier in respect of
Trading Charges.
7.1.7 The provisions of
paragraph 7.1.3 are without prejudice to the obligations of the
Replacement Supplier and the
failing Supplier contained in
paragraph 7.6.
7.1.8 The provisions of this
paragraph 7.1 shall apply for the purposes of
Settlement under the
Code notwithstanding any other provisions in any
Core Industry Document.
7.1.9 Where a last resort direction is issued to a Trading Party, such Trading Party shall forthwith send a copy of the last resort direction to BSCCo, and BSCCo shall send a copy thereof to each other Party.
7.1.10 Until and unless each Supply Licence requires the holder of that Supply Licence to comply with a direction of the Authority to supply electricity to customers of the holder of another Supply Licence upon revocation of that other Supply Licence:
(a) references in this
paragraph 7 to a
Supplier of Last Resort shall be to the
Trading Party which has consented, at the request of the
Authority, to supply
electricity to customers at premises upon revocation of the
Supply Licence of another
Trading Party which was supplying such customers immediately prior to revocation; and
(b) in relation to the
Supplier of Last Resort, references in this
paragraph 7:
(i) to the
Affected BM Unit(s) are to the
BM Unit(s) comprising or including the premises in respect of which such
Trading Party so consents to supply
electricity and, where applicable, any related
BM Units referred to in
paragraph 7.3.3;
(ii) to the Appointment Day are to the day when such Trading Party commences that supply of electricity (under a contract made or deemed, by virtue of schedule 6A of the Act, to have been made with the relevant customer(s)); and
(iii) to the failing Supplier are to the Trading Party which was responsible for the supply of electricity in respect of such premises immediately prior to such day and whose Supply Licence is revoked.
7.2.1 Where, in relation to a Lead Party:
such Lead Party may give notice to BSCCo that it intends to transfer to another Trading Party its interests in respect of the provision of electrical power to Customers and/or the receipt of electrical power from Generating Plant (such transfer being referred to as the "relevant transfer").
(i) subject to
paragraph 7.2.3, the
BM Unit(s) of the
Lead Party in respect of which the relevant transfer is to take place;
(ii) the transferee, being the Trading Party to which the relevant transfer is to be made;
(iii) subject to
paragraph 7.2.4, the date with effect from which the relevant transfer is to be made;
(iv) subject to
paragraph 7.2.5, the time with effect from which the relevant transfer is to be made; and
(c) be signed by or on behalf of both the Lead Party issuing such notice and the Trading Party identified in such notice as the transferee.
7.2.3 A relevant transfer:
(a) may relate to Plant and Apparatus (of the relevant Customer(s) and/or generator(s), as the case may be) associated with one or more BM Units but may not relate to part only of the Plant and Apparatus associated with a BM Unit;
(b) may not include BM Units comprising only Generating Plant (except where the Generating Plant is owned or operated by a SVA Generator) or associated only with an Interconnector.
7.2.4 For the purposes of the Code, the date with effect from which a relevant transfer is to take effect:
(a) may not be earlier than the date of a
Settlement Day to be determined at the time by
BSCCo such that the transfer of responsibility pursuant to this
paragraph 7 can be taken into account for the purposes of the
Initial Settlement Run to be carried out for that
Settlement Day;
(b) may not be later than the Appointment Day.
7.2.5 Unless otherwise agreed in advance by
BSCCo, the time with effect from which a relevant transfer is to take effect, for the purposes of the
Code, is 00.00 hours on the date with effect from which such relevant transfer is to take effect in accordance with
paragraph 7.2.4.
7.2.6 Without prejudice to the provisions of
paragraphs 7.2.3,
7.2.4 and
7.2.5 as they apply for the purposes of the
Code, those provisions shall not affect or limit the terms and conditions upon which a relevant transfer is to be made as between the parties to the relevant transfer.
7.2.7 For the avoidance of doubt:
(a) a notice may not be given pursuant to
paragraph 7.2.1 (and any notice given shall not take effect) in respect of premises for which a
Trading Party is appointed as the
Supplier of Last Resort (in the same set of circumstances);
(b) where a
Lead Party intends to transfer its interests to more than one
Trading Party, a separate notice shall be required under
paragraph 7.2.1 for each relevant transfer.
7.2.8
BSCCo shall send a copy of any notice given pursuant to
paragraph 7.2.1 to the
Authority, each
Party and the CRA.
7.3 Establishment of BM Units
7.3.1 The provisions of
this 7.3agraph 7.3 apply in relation to an
Affected BM Unit where a
Trading Party becomes, for the purposes of the
Code, the
Replacement Supplier in respect of that
BM Unit.
7.3.2 Where
this 7.3agraph 7.3 applies, the CRA shall establish a
BM Unit (a "
Replacement Supplier BM Unit") for which the
Replacement Supplier is the
Lead Party corresponding to each
Affected BM Unit in respect of which the relevant
Trading Party becomes the
Replacement Supplier as soon as reasonably practicable after the appointment of such
Replacement Supplier.
7.3.3 Where a Replacement Supplier is appointed in respect of an Affected BM Unit which is a Base BM Unit of the failing Supplier, such Replacement Supplier shall also assume responsibility for the Generating Plant comprised in any BM Unit of the failing Supplier in the same GSP Group which comprises only Generating Plant of a SVA Generator, unless responsibility for such Generating Plant is otherwise assumed at the time by another Replacement Supplier.
7.3.4 Unless the context otherwise requires, references to BM Units in the Code shall include Replacement Supplier BM Units.
7.3.5 The establishment of
Replacement Supplier BM Unit(s) pursuant to
paragraph 7.3.2 shall take effect on and from the
Replacement Supplier Transfer Date.
7.3.6 Each
Replacement Supplier BM Unit established pursuant to
paragraph 7.3.2 shall be configured in the same way and have the same attributes as the
Affected BM Unit of the
failing Supplier to which it corresponds, including:
(a) the Generation Capacity and the Demand Capacity;
(b) the Credit Assessment Load Factor;
(c) (where applicable) the CVA Metering Systems associated with that BM Unit;
(d) (where applicable) the GSP Group in which that BM Unit is situated;
(e) (where applicable) the status of that BM Unit as a Base BM Unit or an Additional BM Unit;
(f) (where applicable) the SVA Metering Systems associated with that BM Unit;
(h) (where applicable) the Aggregation Rules;
(i) the Trading Unit to which that BM Unit belongs;
(k) whether that
BM Unit is considered a relevant
BM Unit for the purposes of
Section Q,
but without prejudice to the Replacement Supplier's rights and obligations to revise such configuration and attributes, or otherwise to the revision of such configuration and attributes, from time to time pursuant to any other provision of the Code.
7.3.7 Where a
Replacement Supplier is appointed in respect of
Plant or
Apparatus which is subject to a
Shared SVA Meter Arrangement, then notwithstanding any provisions to the contrary in
paragraph 2.5:
(a) references in this
paragraph 7 to
Metering Systems associated with a
BM Unit shall include the
Shared SVA Metering System;
(b) the transfer of responsibility under this
paragraph 7 shall apply in respect of
Exports and
Imports associated with the
SVA Metering System Number(s) of the
failing Supplier;
(c) the Allocation Schedule prevailing immediately prior to the Appointment Day shall continue to apply and to bind the Replacement Supplier and the other Supplier(s) (not being the failing Supplier) to the Shared SVA Meter Arrangement;
(d) the Replacement Supplier shall assume the status previously held by the failing Supplier as the Primary Supplier or a Secondary Supplier (as the case may be);
7.4 Effect of establishment of Replacement Supplier BM Units
7.4.1 The establishment of a
Replacement Supplier BM Unit pursuant to
paragraph 7.3 shall be treated, for the purposes of the
Code, as if:
(a) that new BM Unit had been registered (comprising the same Metering Systems as those comprised in the corresponding BM Unit of the failing Supplier) by the Replacement Supplier with effect from the Replacement Supplier Transfer Date; and
(b) the registration of the corresponding BM Unit of the failing Supplier had been cancelled by the failing Supplier with effect from such date.
7.4.2 Without prejudice to the generality of
paragraph 7.4.1 and subject to the further provisions of this
paragraph 7, in respect of each
Settlement Period on and after the
Replacement Supplier Transfer Date:
(a) the BM Unit Metered Volumes of the Affected BM Unit to which a Replacement Supplier BM Unit corresponds shall be allocated to the Replacement Supplier BM Unit; and
(b) such BM Unit Metered Volumes shall not be allocated or treated as allocated to the Affected BM Unit to which such Replacement Supplier BM Unit corresponds,
7.4.3 Notwithstanding
paragraph 7.4.1, in respect of each
Settlement Period during the period (if any) between the
Replacement Supplier Transfer Date and the
Appointment Day:
(a) each
MVRNA Authorisation of the
failing Supplier relating to an
Affected BM Unit, which is effective for such period in accordance with
Section P, shall be treated as effective for that period in relation to the
Replacement Supplier and the
Replacement Supplier BM Unit to which the
Affected BM Unit corresponds;
(b) each Metered Volume Reallocation Notification of the failing Supplier (as Lead Party) relating to an Affected BM Unit shall be treated as relating to the Replacement Supplier BM Unit to which it corresponds and to the Replacement Supplier (as Lead Party) instead, and shall be taken into account for the purposes of Settlement accordingly;
(c) each data item submitted by the
failing Supplier or established by the NETSO under, and each action taken in pursuance of and as contemplated by
Section Q, in relation to an
Affected BM Unit shall be treated as applying to or taken in relation to the
Replacement Supplier BM Unit to which the
Affected BM Unit corresponds and (where applicable) submitted by the
Replacement Supplier instead, and shall be taken into account for the purposes of
Settlement accordingly,
provided that (for the avoidance of doubt) any
Metered Volume Reallocation Notifications and any data item as referred to in paragraph (c) submitted or purportedly submitted by or on behalf of the
failing Supplier (as
Lead Party) relating to the
Affected BM Units in respect of any period on or after the
Appointment Day (whether submitted before, on or after the date when the registration of such
Affected BM Units is treated as cancelled pursuant to
paragraph 7.4.1) shall, by virtue of
paragraph 7.4.1, be void and of no effect and shall not be applied to the
Replacement Supplier BM Units to which they correspond.
7.4.5 Without prejudice to the obligations of the
Replacement Supplier in
paragraph 7.6, a
Replacement Supplier shall not be considered to be in breach of any provision of the
Code relating to
Metering Systems (and/or
Party Agents deemed to be appointed and registered by it pursuant to
paragraph 7.1.3(a)(ii)) to the extent that, during the period between the
Replacement Supplier Transfer Date and the relevant
Replacement Supplier Registration Date, the
Replacement Supplier is unable to comply or take steps to comply with such provision by reason (only) of the fact that it is not formally registered in
CMRS or
SMRS (as the case may be) as the
Registrant of
Metering System(s) for which it is deemed to be the
Registrant by virtue of
paragraph 7.1.3(a)(ii), including the provisions of:
7.4.6 The Replacement Supplier shall not be entitled to:
(a) allocate
SVA Metering Systems comprised in a
Replacement Supplier BM Unit to
Additional BM Units, in accordance with
Section S6, or otherwise change the allocation of a
SVA Metering System to a
Replacement Supplier BM Unit until the relevant
Replacement Supplier Registration Date for that
Metering System;
(b) change the status (as a Base BM Unit or Additional BM Unit) of Replacement Supplier BM Units with which SVA Metering Systems are associated.
7.4.7 Without prejudice to
paragraph 7.1.3, the
failing Supplier shall remain registered in
CMRS or
SMRS (as the case may be) in respect of each
Metering System associated with the
Replacement Supplier BM Unit until the earlier of the relevant
Replacement Supplier Registration Date and the date when another
Trading Party becomes registered, for the purposes of and in accordance with the
Code, in respect of such
Metering System.
7.4.8 For the avoidance of doubt, the deemed appointment and registration of
Party Agents pursuant to
paragraph 7.1.3(a)(ii) applies for the purposes of the
Code only and shall not create, affect or change any relationship between the
failing Supplier or the
Replacement Supplier and those (or any other)
Party Agents.
7.5.1 For the purposes of any provisions in the
Code relating to the ownership and use of data (including
Section L5), the rights of the
failing Supplier in respect thereof, as they relate to the
Affected BM Units for which a
Trading Party becomes the
Replacement Supplier, shall apply to the
Replacement Supplier as if it were the actual
Registrant of the relevant
Metering Systems with effect from the
Replacement Supplier Transfer Date, and:
(a) any such rights shall automatically be assigned by the failing Supplier to the Replacement Supplier with effect from and in respect of the period on and after the Replacement Supplier Transfer Date; or
(b) to the extent that it is not possible legally to assign such rights as provided in paragraph (a), the failing Supplier shall make such data available to the Replacement Supplier at all times on terms such that the Replacement Supplier is free to use such data as if the data had been so assigned to it.
7.5.2 The
failing Supplier shall take all reasonable steps to co-operate with the
Replacement Supplier to give effect to the transfer of responsibility contemplated by this
paragraph 7 and to enable the
Replacement Supplier to comply with its obligations hereunder.
7.5.3 Without prejudice to the generality of
paragraph 7.5.2, the
failing Supplier shall provide the
Replacement Supplier with such records, data and information and otherwise take such steps as if, in relation to each
Metering System associated with the
Affected BM Units, a change of
Registrant (from the
failing Supplier to the
Replacement Supplier) had occurred on the
Replacement Supplier Transfer Date.
7.5.4 The
failing Supplier shall have a right of access to any records, data and information referred to in this
paragraph 7.5 to the extent required by the
failing Supplier for the purposes of the
Code in relation to any period prior to the
Replacement Supplier Transfer Date.
7.5.5 Each SMRA shall, in accordance with BSCP501, provide the Replacement Supplier with such records, data and information that it holds in respect of the Metering Systems for which the failing Supplier was Registrant.
7.6 Obligation to register Metering Systems
7.6.1 Subject to
paragraph 7.6.6, each
Replacement Supplier shall take such steps as may be necessary:
(a) to effect, in accordance with the provisions of
paragraph 2, the registration of
Metering Systems (or, in the case of a
Shared SVA Meter Arrangement, the
Shared SVA Metering System with the relevant
SVA Metering System Number) treated, for the purposes of this
paragraph 7, as associated with its
Replacement Supplier BM Unit(s);
(b) to effect the appointment and registration of Party Agents in relation to those Metering Systems; and
(c) otherwise to comply with the provisions of the
Code, including
Section J,
Section L,
Section R and
Section S, relating to the registration of
Metering Systems and
Party Agents.
7.6.2 The
Replacement Supplier shall take the steps referred to in
paragraph 7.6.1 as soon as reasonably practicable after the
Appointment Day and, in any event, within three months after the
Appointment Day.
7.6.3 The
failing Supplier shall take such steps as may be required under the
Code in order to permit the
Replacement Supplier to become registered as the
Registrant in respect of the
Metering Systems referred to in
paragraph 7.6.1.
7.6.4 For the purposes of the
Code, in respect of a
Metering System associated with
Plant or
Apparatus comprised in an
Affected BM Unit for which the
Replacement Supplier becomes responsible pursuant to this
paragraph 7, the date when the
Replacement Supplier becomes registered in
CMRS or CSS (as the case may be) as the
Registrant in respect of that
Metering System shall be referred to as the "
Replacement Supplier Registration Date".
7.6.5 In the case of each
SVA Metering System in a
GSP Group comprised in a
Replacement Supplier BM Unit, such
Metering System shall with effect from the relevant
Replacement Supplier Registration Date be associated with and comprised in the
Base BM Unit of the
Replacement Supplier (not being the
Replacement Supplier BM Unit) for that
GSP Group, subject to
paragraph 7.6.6 and without prejudice to the rights of the
Supplier under
Section S6 from that date.
7.6.6 The obligation of the
Replacement Supplier under
paragraph 7.6.1 to become registered in respect of each
Metering System associated with its
Replacement Supplier BM Units is without prejudice and subject to the rights and obligations of another
Trading Party under the
Code to become registered in respect of any such
Metering System, in accordance with the provisions of the
Code and, where applicable, the REC, if such other
Trading Party becomes responsible for
Exports and
Imports associated with such
Metering System prior to the relevant
Replacement Supplier Registration Date, in which case such
Metering System shall cease to be associated with such
Replacement Supplier BM Unit with effect from the effective date of registration by such other
Trading Party.
7.6.7 In relation to a
Shared SVA Meter Arrangement, if the
Replacement Supplier and the other
Supplier(s) (not being the
failing Supplier) fail to reach agreement, prior to the deadline provided in
paragraph 7.6.2, on the arrangements which are to apply as between themselves for the purposes of the
Shared SVA Meter Arrangement, the provisions of
paragraph 2.5.6 shall apply as if a
Secondary Supplier had ceased to be the
Secondary Supplier.
7.6.8 In the case of a relevant transfer made pursuant to
paragraph 7.2, where the
Lead Party transfers its interests in relation to all its
BM Units (subject to
paragraph 7.2.3) to a single
Transferee:
(b) in relation to a Metering System associated with the relevant Replacement Supplier BM Unit:
(i) the reference in
paragraphs 7.4.5 and
7.4.7 to the relevant
Replacement Supplier Registration Date shall be to the date (if any) with effect from which the
Transferee becomes registered, for the purposes of and in accordance with the provisions of
paragraph 2, in respect of such
Metering System; and
8. CONFIGURATION AND REGISTRATION OF SECONDARY BM UNITS
8.1 Configuration of Secondary BM Units
8.1.1 A Secondary BM Unit shall comprise of Plant and Apparatus with which the Lead Party of that Secondary BM Unit may provide Balancing Services.
8.1.2 A Secondary BM Unit must satisfy the following conditions:
(a) the Secondary BM Unit does not comprise of Plant and Apparatus whose Imports and Exports are measured by CVA Metering System(s);
(b) the Secondary BM Unit may only comprise of Plant and Apparatus whose Imports and Exports are measured by Half Hourly SVA Metering System(s) and/or flows to and from which are measured by an Asset Metering System;
(c) a Secondary BM Unit shall not have a Half Hourly SVA Metering System allocated to it which is allocated to one other Secondary BM Unit at the same time;
(d) a Secondary BM Unit may have an Asset Metering System allocated to it which is allocated to one other Secondary BM Unit at the same time, provided that the Asset Metering System is used solely for Asset Differencing in one of the Secondary BM Units it is allocated to; and
(e) the Secondary BM Unit does not comprise of Plant and Apparatus associated with Half Hourly SVA Metering Systems and/or Asset Metering Systems that are in more than one GSP Group.
8.1.3 A Secondary BM Unit shall be classified as a "Production" or a "Consumption" Secondary BM Unit (the applicable such classification at any time being referred to as the "P/C Status" of a Secondary BM Unit).
8.1.4 The Lead Party of a Secondary BM Unit shall make an election as to whether the P/C Status of that Secondary BM Unit is to be Production or Consumption:
(a) upon application to register the
Secondary BM Unit pursuant to
paragraph 8.2; and/or
(b) from time to time where the Lead Party wishes to change the P/C Status for such Secondary BM Unit,
in each case in accordance with BSCP15.
8.2 Registration of Secondary BM Units
8.2.1 Each
Lead Party shall ensure that all
Plant and
Apparatus with which it intends to provide
Balancing Services are comprised in
Secondary BM Units established and registered by it in compliance with this
paragraph 8.2.
8.2.2 A Lead Party may apply to register a Secondary BM Unit by submitting a registration application to the CRA specifying:
(a) the identity of the applicant Lead Party;
(b) the GSP Group with which the Secondary BM Unit is to be associated;
(c) the date from which the applicant wishes the registration to be effective ; and
(d) whether the BM Unit constitutes a Baselined BM Unit.
8.2.3 An application to register a Secondary BM Unit shall be made in accordance with and subject to BSCP15.
8.2.4 Registration of a Secondary BM Unit will become effective, and the applicant will become the Lead Party of that Secondary BM Unit, on and from the later of:
(b) the date when registration is confirmed by BSCCo to the CRA in accordance with BSCP15.
8.2.5 The CRA shall validate and process applications for registration of a Secondary BM Unit in accordance with and subject to BSCP15.
8.2.6 The Lead Party of a Secondary BM Unit shall, in accordance with BSCP15, keep its registration up-to-date, by notifying the CRA of any change in any of the details contained in the registration, promptly upon any such change occurring.
ANNEX K-1 SUPPLIER METER REGISTRATION SERVICE
1.1 Provision of Supplier Meter Registration Service
1.1.1 This Annex,
Section J1.3.2,
J1.3.2A,
Section S5.2 and
BSCP501 set out the
Supplier Meter Registration Service to be provided by each
SMRA under the
Code in respect of the
Metering Points of the relevant
Distribution System.
1.1.2 This Annex and BSCP501 set out the terms pursuant to which each LDSO shall, through its SMRA, deliver the Supplier Meter Registration Service including, inter alia:
(a) a description of the services to be provided by SMRAs under the Code;
(b) entry requirements in respect of the obligation to deliver and the right to receive the Supplier Meter Registration Service;
(c) terms relating to the availability of each SMRS;
(d) service levels and liquidated damages; and
(e) charging methodologies and payment and billing terms.
1.2.1 Any payments to be made pursuant to this Annex or BSCP501 shall be determined and paid in accordance with this Annex and BSCP501.
1.2.2 For the purposes of this Annex and BSCP501:
(a) where there is a reference to an obligation of a Data Aggregator such obligation shall be deemed to apply to the Supplier that is the Registrant of the Metering System in respect of which that Data Aggregator has been appointed, and each Supplier shall be required to procure compliance by that Data Aggregator with that obligation and such obligation may be enforced against the Supplier that has appointed that Data Aggregator; and
(b) where there is a reference to an obligation owed to a Data Aggregator from an LDSO or SMRA, that obligation shall be deemed to be owed to the Supplier that is the Registrant of the Metering System in respect of which that Data Aggregator has been appointed, and that Supplier may enforce that obligation.
1.2.3 Any reference in this Annex to the Service shall be a reference to the Supplier Meter Registration Service.
1.3 Service levels in relation to SMRAs
1.3.1 Each
LDSO shall, without prejudice to its other obligations pursuant to
Sections J, K and elsewhere, ensure that each
SMRA for which it is responsible complies with the service levels set out in
BSCP501.
1.3.2 Each LDSO and SMRA acknowledges that the service levels represent the minimum requirements to be achieved.
1.3.3 Subject to
paragraphs 1.3.4 and
1.3.5, a
SMRA shall not be liable to pay liquidated damages to
BSCCo,
Suppliers or
Data Aggregators for a failure to comply with the service levels set out in in
BSCP501 to the extent that such failure results from or is caused directly by any event or circumstance beyond the reasonable control of the
SMRA including:
(a) act of public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, sabotage or act of vandalism;
(b) strikes, lockouts or other industrial disturbances;
(c) lightning, storm, accumulation of snow or ice, earthquake, fire, flood or act of God;
(d) explosion, fault or failure of plant or machinery which (in each case) could not have been prevented by Good Industry Practice;
(e) governmental restraint, Act of Parliament, other legislation, by-law and Directive (not being any order, regulation or direction under Section 32, 33, 34 or 35 of the Act);
(f) a failure in the Managed Data Network, provided that the SMRA has first used reasonable endeavours to communicate with SVA data parties using a reasonable alternative method of communication,
("
SMRA Force Majeure"), provided that this
paragraph 1.3.3 is subject to compliance by the
SMRA in all respects with the disaster recovery obligations set out in
Party Service Line 100 and/or the relevant provisions of
BSCP501.
1.3.4 Lack of funds shall not be interpreted as a circumstance beyond a SMRA’s reasonable control.
1.3.5 A SMRA which is affected by SMRA Force Majeure shall:
(a) give immediate notice to BSCCo, Suppliers and Data Aggregators;
(b) use all reasonable endeavours to mitigate the impact of the SMRA Force Majeure and to remedy as soon as practicable its inability to perform; and
(c) provide notice to BSCCo, Suppliers and Data Aggregators within one Business Day of the SMRA Force Majeure being resolved or ceasing to apply.
1.3.6 The provisions of
paragraph 1.3.5 shall be without prejudice to the disaster recovery obligations set out in
Party Service Line 100 and/or the relevant provisions of
BSCP501.
1.4 Obligations in relation to SMRS data
1.4.1 Without prejudice to any other provisions of the Code, each LDSO (including in its capacity as an SMRA) and Supplier shall comply with the data accuracy requirements in BSCP501.
1.4.2 Each SMRA and Supplier shall provide the Authority with such data as it may request in a defined format and timescale as agreed with the Authority.
1.4.3 Where requested by
BSCCo, each
SMRA and
Supplier shall provide it with any data provided by that
SMRA or
Supplier pursuant to
paragraph 1.4.2 in the format and timescale required pursuant to that paragraph.
1.5 Charges in relation to Supplier Meter Registration Service
1.5.1 Subject to
paragraph 1.5.2, in relation to the provision of each of the Services referred to in Appendix 4.5 of
BSCP501, the
Supplier,
Data Aggregator or
BSCCo shall pay the
LDSO the charges set out in its Condition 14 Statement, Condition 18 Statement or Condition 36 Statement, as appropriate. For the purposes of this Annex K-1, a "
Condition 14 Statement", a "
Condition 18 Statement" and a "
Condition 36 Statement" means, in relation to each
LDSO, the statements required in relation to charges for the time being in force pursuant to the referenced conditions of the
Distribution Licence.
1.5.2 LDSOs shall not charge for any of the Services referred to in Appendix 4.5 of BSCP501 in circumstances where the provision of those Services arose as a result of its failure to achieve the service levels for that Service.
1.5.3 Where a LDSO is intending to revise the charges for Services, it shall give at least three months written notice to all Suppliers, Data Aggregators and BSCCo.
1.5.4 Charges for the provision of those Services not referred to in Appendix 4.5 of BSCP501 shall be recovered by each LDSO as an element of the charges which it levies on Suppliers under the terms of the Distribution Connection and Use of System Agreement ("DCUSA"). Such charges shall be varied in accordance with the provisions of the DCUSA. Each LDSO shall be entitled to recover from each Supplier the charges relating to those Services not referred to in Appendix 4.5 of BSCP501 but set out in the LDSO’s Condition 14 Statement, Condition 18 Statement or Condition 36 Statement, as appropriate, even where there is no express obligation on the relevant Supplier in the DCUSA to pay those charges.
1.6 Billing in relation to Supplier Meter Registration Service
1.6.1 Within fifteen Working Days after the end of each calendar month each LDSO shall submit to each Supplier, each Data Aggregator and BSCCo a statement specifying:
(a) the Services listed under Appendix 4.5 of BSCP501 provided;
(b) the charges levied with respect to each of those Services; and
(c) any charges from previous monthly statements which have not been paid,
in respect of the Services as set out in Appendix 4.5 of BSCP501 performed during that month for that Supplier, Data Aggregator or BSCCo and setting out the total charges incurred, provided that where the total charges incurred, not including VAT, are less than or equal to one hundred pounds sterling (£100), that payment shall not then become due and shall be included in the statement for the following month. Where the aggregate of any unpaid charges on a monthly statement issued to a Supplier or BSCCo, pursuant to this paragraph, including any unpaid amounts pursuant to paragraph 1.6.1(c), exceeds one hundred pounds sterling (£100), not including any VAT, the LDSO shall submit to that Supplier or BSCCo an invoice setting out the total payment due and any VAT payable thereon, provided that in the monthly statement for April in each year, the LDSO shall submit to that Supplier or BSCCo an invoice setting out the total payment due for that month and any previous months which have not been paid, irrespective of whether the aggregate of those amounts exceeds one hundred pounds sterling (£100).
1.6.2 Subject to
paragraph 1.6.3, within twenty
Working Days of receipt of an invoice submitted in accordance with
paragraph 1.6.1, the
Supplier,
Data Aggregator or
BSCCo shall pay to the
LDSO all sums due in respect of such invoice in pounds sterling by electronic transfer of funds or other agreed means to such bank account (located in the United Kingdom) as is specified in the invoice, together with, where appropriate, an associated remittance advice, quoting the invoice number against which payment is made.
1.6.3 Where any sum included in a statement submitted in accordance with
paragraph 1.6.1 is disputed by a
Supplier,
Data Aggregator or
BSCCo in good faith, that
Supplier,
Data Aggregator or
BSCCo shall within ten
Working Days of receipt of such statement provide the
LDSO with a statement of the amount in dispute. The
Supplier,
Data Aggregator or
BSCCo shall pay such amount included in the statement in question as is not in dispute and shall be entitled to withhold the balance pending resolution of the dispute.
1.6.4 If a statement is served by a
Supplier,
Data Aggregator or
BSCCo under
paragraph 1.6.3, the relevant parties shall use reasonable endeavours to resolve the dispute in question within twenty
Working Days of it being raised, failing which the provisions of
Section H7 shall apply. Following resolution of the dispute, any amount agreed or determined to be payable, together with any VAT payable, shall be paid within ten
Working Days after such agreement or determination and interest shall accrue on such amount, net of any VAT payable, from the date such amount was originally due until the date of payment at the rate of one(1)per cent(%) per annum above the base rate during such period of Barclays Bank plc, as compounded annually.
1.6.5 Should a
Supplier,
Data Aggregator or
BSCCo fail to make payment on or before the due date of any sum due in accordance with
paragraph 1.6.2 (other than any sum which is the subject of a bona fide dispute in accordance with
paragraph 1.6.3), interest on the amount unpaid shall accrue from the date such amount was due until the date of payment at the rate of three(3) per cent (%) per annum above the base rate during such period of Barclays Bank plc, compounded annually.
1.6.6 Subject to
paragraph 1.6.3, all payments to be made by a
Supplier,
Data Aggregator or
BSCCo under the
Code shall be made without any set-off or deduction in respect of any claims or disputes or otherwise including any liquidated damages paid under
BSCP501 but shall be without prejudice to any claims or rights which a
Supplier,
Data Aggregator,
BSCCo, Trading Parties or any of them may have against the
LDSO.
1.6.7 If the
Authority determines or the
LDSO otherwise agrees that the charges (including any variations thereof) payable by a
Supplier,
Data Aggregator or
BSCCo under this Annex have not been calculated strictly in accordance with the terms of the
LDSO’s statement of charges for
Supplier Meter Registration Services issued pursuant to Condition 18 or Condition 36, as appropriate, of the
Distribution Licence, the
LDSO shall pay to the
Supplier,
Data Aggregator or
BSCCo an amount in respect of each charging period equal to the amount, if any, by which that
Supplier,
Data Aggregator or
BSCCo has been overcharged during such charging period as a result together with interest thereon from the date on which such charges were paid until the date of payment of such interest. Such interest shall accrue from day to day at the rate specified in
paragraph 1.6.5.
1.6.8 Within fifteen Working Days after the end of each Quarter each LDSO shall submit to each Supplier or BSCCo a statement setting out, in respect of that Quarter, the liquidated damages payments which it reasonably considers to be payable to the Supplier or BSCCo pursuant to BSCP501 as a result of failure by its SMRA to meet the relevant service levels in BSCP501 during the relevant Quarter.
1.6.9 Within ten
Working Days of receiving a statement submitted in accordance with
paragraph 1.6.8, the
Supplier or
BSCCo shall submit to the
LDSO a statement setting out any further liquidated damages payments which it considers to be payable by that
LDSO as a result of the failure by the relevant
SMRA to meet the relevant service levels in
BSCP501, as relevant during the relevant
Quarter over and above those set out in the statement submitted in accordance with paragraph 1.6.8 together in each case with reasonable supporting evidence explaining why it considers that further liquidated damages payments are payable.
1.6.10 Subject to
paragraph 1.6.11, within ten
Working Days of receipt of a statement submitted in accordance with
paragraph 1.6.9 (or, if no such statement is submitted, within twenty
Working Days of dispatching its statement in accordance with
paragraph 1.6.8) the
LDSO shall pay to each relevant
Supplier or
BSCCo all sums due in respect of:
(a) the liquidated damages payments set out in the statement submitted in accordance with
paragraph 1.6.8;
(b) the undisputed portion of any further liquidated damages payments set out in the statement of the relevant
Supplier or
BSCCo submitted in accordance with
paragraph 1.6.9; and
(c) the further liquidated damages payments resulting from any undisputed further failures by its
SMRA to meet the relevant service levels set out in the statement of a
Supplier or
BSCCo submitted in accordance with
paragraph 1.6.9.
Any undisputed and unpaid sums from previous
Quarters shall be shown on each statement issued pursuant to
paragraph 1.6.8 until those sums are paid provided that such sums shall only become payable by the
LDSO when the aggregate of the sums set out in
paragraph 1.6.10(a) and
1.6.10(b) exceeds one hundred pounds sterling (£100). All sums due shall be paid by the
LDSO in pounds sterling by electronic transfer to funds or other agreed means to such bank account (located in the United Kingdom) as is specified by the
Supplier or
BSCCo together with, where appropriate, an associated remittance advice, stating the period to which the payment relates.
1.6.11 Where any sum included in a statement submitted in accordance with
paragraph 1.6.9 is disputed by a
LDSO in good faith, that
LDSO shall within ten
Working Days of receipt of such statement provide the relevant
Supplier or
BSCCo with a statement of the amount in dispute. The
LDSO shall pay such amount included in the statement in question as is not in dispute and shall be entitled to withhold the balance pending resolution of the dispute.
1.6.12 If a statement is served by a
LDSO under
paragraph 1.6.11 the parties shall use reasonable endeavours to resolve the dispute in question within twenty
Working Days of it being raised, failing which the provisions of
Section H7 shall apply. Following resolution of the dispute, any amount agreed or determined payable shall be paid within ten
Working Days after such agreement or determination and interest shall accrue on such amount from the date such amount was originally due until the date of payment at the rate of one (1) per cent (%) per annum above the base rate during such period of Barclays Bank plc, compounded annually.
1.6.13 Should a
LDSO fail to make payment on or before the due date of any sum due in accordance with
paragraph 1.6.10 (other than any sum which is the subject of a bona fide dispute and which has been notified by that
LDSO in accordance with
paragraph 1.6.11), interest on the amount unpaid shall accrue from the date such amount was due until the date of payment at the rate of three (3) per cent (%) per annum above the base rate during such period of Barclays Bank plc compounded annually.
ANNEX K-2: TRADING UNIT APPLICATIONS
1 CONFIGURATION OF TRADING UNITS
1.1.1 The Classes of Trading Unit Application shall be as specified in BSCP31.
1.1.2 Every Trading Unit Application shall state whether it is a Class 1, Class 2, Class 3, Class 4 or Class 5 application and the Panel shall consider a Trading Unit Application by reference to the provisions set out in this Annex K-2 for the stated class (or, in the case of paragraph 1.6, as provided therein).
1.1.3 For the purposes of this Annex K-2:
(a) references to Exports and Imports are to Exports and Imports of the nominated BM Units;
(b) references to a Trading Unit shall not include a Sole Trading Unit.
1.2.1 If the
Trading Unit Application shall state that it is a
Class 1 application then the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any further evidence provided in accordance with
paragraph 1.7) if the nominated
BM Units are or are to be electrically configured in the same manner as is prescribed in one of the line diagrams contained in
BSCP31 and fulfil or will fulfil all the conditions specified in such
BSC Procedure applicable to a
Class 1 application, in which event the nominated combination of
BM Units shall be treated as belonging to a single
Trading Unit.
1.3.1 If the
Trading Unit Application shall state that it is a
Class 2 application then the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any further evidence provided in accordance with
paragraph 1.7) if the nominated
BM Units are or are to be electrically connected solely by
Dedicated Assets, in which event the
BM Units shall be treated as belonging to a single
Trading Unit.
1.3.2 In this
paragraph 1.3, "
Dedicated Assets" means assets and equipment which are used solely to connect electrically (a) the location at which the
Exports originate with (b) the location at which the
Imports are taken (and no other), and additionally satisfy one of the diagrammatic representations of
Dedicated Assets contained in
BSCP31.
1.4.1 If the
Trading Unit Application shall state that it is a
Class 3 application then the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any further evidence provided in accordance with
paragraph 1.7) if the nominated
BM Units are or are to be electrically connected by
Contiguous Assets, in which event the nominated
BM Units shall be treated as a single
Trading Unit.
(a) "Contiguous Assets" means those Specified Assets and Equipment at a location which connect by one continuous electrical connection the location at which the Exports originates with the location at which the Imports are taken, which Specified Assets and Equipment are all owned by the Trading Unit Applicants and/or are Specified Assets and Equipment in respect of which a contribution is or will be made by the Trading Unit Applicants to the provision and installation or maintenance and repair costs thereof or where such Specified Assets and Equipment are already provided and installed, the maintenance and repair costs thereof; and
(b) "Specified Assets and Equipment" means:
(i) assets and equipment identified and quoted in the Connection Agreement of any Trading Unit Applicant where such assets and equipment include assets and equipment identified and quoted in the Connection Agreements relating to all Trading Unit Applicants which form part of the continuous electrical connection for the purposes of (a) above; and/or
(ii) assets and equipment owned by a person other than the Trading Unit Applicant and any other Trading Party which is responsible for BM Unit(s) associated with the Trading Unit Application, and which form part of the continuous electrical connection for the purposes of (a) above.
1.5.1 If the
Trading Unit Application shall state that it is a
Class 4 application then the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any further evidence provided in accordance with
paragraph 1.7) if all of the nominated
BM Units are
Exempt Export BM Units and are located in the same
GSP Group, in which event the nominated
BM Units shall be treated as belonging to a single
Trading Unit.
1.6.1 If the
Trading Unit Application shall state that it is a
Class 5 application then the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any other evidence provided in accordance with
paragraph 1.8) if the nominated
BM Units are or are to be:
(a) Interconnector BM Units associated with the same Interconnector where such Interconnector is located at one Site only;
(b) a combination of
BM Units falling within
paragraph 1.6.1(a) and either of the following:
(i) BM Units that are or are to be electrically connected solely by Dedicated Assets, to one or more Boundary Points of that Interconnector; or
(ii) BM Units that are or are to be electrically connected by Contiguous Assets, to one or more Boundary Points of that Interconnector.
(a) "
Contiguous Assets" shall have the meaning as set out in
paragraph 1.4.2; and
(b) "
Dedicated Assets" shall have the meaning as set out in
paragraph 1.3.2.
1.7.1 If the
Trading Unit Application shall state that it is a
Class 6 application or if the
Panel shall determine that the nominated
BM Units the subject of a
Class 1,
Class 2,
Class 3,
Class 4 or
Class 5
Trading Unit Application do not satisfy the conditions specified in
paragraphs 1.2,
1.3,
1.4,
1.5 or (as the case may be)
1.6, the
Panel shall determine from the
Trading Unit Application and supporting documentation and other matters (and any further evidence provided in accordance with
paragraph 1.8) if the nominated
BM Units shall be treated as a
Trading Unit having regard to the criteria set out in
paragraph 1.7.2.
(a) whether, although not satisfying the conditions applicable to a Class 1, Class 2, Class 3, Class 4 or Class 5 Trading Unit Application, the Trading Unit Application demonstrates (to the reasonable satisfaction of the Panel) sufficient similarities with sites which would satisfy those conditions such that it would be unreasonable not to treat the nominated BM Units as a single Trading Unit;
(b) whether there are any other facts or evidence in support of the Trading Unit Application that in the reasonable opinion of the Panel demonstrate that the nominated BM Units ought to be treated as a single Trading Unit.
1.8.1 The Panel may request a Trading Unit Applicant to produce such further evidence as the Panel may reasonably require in support of its Trading Unit Application before the Panel makes any determination as to whether the nominated BM Units are to be treated as a Trading Unit, and the Panel shall not be bound to make any determination on the issue of whether the nominated BM Units are a Trading Unit pending receipt of such further evidence.
AMENDMENT RECORD – SECTION K
Section K | Version 50.0 | Effective Date: 24 September 2024 |
Modification Proposal | Decision Date | Implementation Date | Version |
P455 | 09/05/24 | 24/09/24 | 50.0 |
P395 | 06/10/22 | 02/11/23 | 49.0 |
P450 | 12/01/23 | 23/02/23 | 48.0 |
P376 | 06/09/21 | 23/02/23 | 48.0 |
P425 | 28/09/22 | 05/10/22 | 47.0 |
P436 | 14/04/22 | 18/07/22 | 46.0 |
P433 Self Governance | 13/01/22 | 30/06/22 | 45.0 |
P375 | 24/02/21 | 30/06/22 | 45.0 |
P420 | 23/07/21 | 01/09/21 | 44.0 |
P394 Self-Governance | 12/12/19 | 27/02/20 | 43.0 |
P389 Self-Governance | 12/09/10 | 07/11/19 | 42.0 |
P386 Self-Governance | 13/06/19 | 07/11/19 | 42.0 |
P364 Self-Governance | 11/04/19 | 27/06/19 | 41.0 |
P369 | 28/11/18 | 29/03/19 | 40.0 |
P344 | 24/08/2018 | 28/02/19 | 39.0 |
P359 | 17/08/18 | 28/02/19 | 39.0 |
P358 | 13 Dec 2017 | 22/02/18 | 38.0 |
P357 | 13 Dec 2017 | 22/02/18 | 38.0 |
ORD006 | Secretary of State | 25/06/15 | 37.0 |
P312 | 14/08/14 | 08/09/14 | 36.0 |
ORD005 | Secretary of State | 01/08/14 | 35.0 |
P268 | 19/09/11 | 23/02/12 | 34.0 |
P269 Self-Governance | 17/08/11 | 23/02/12 | 34.0 |
P266 | 15/04/11 | 23/02/12 | 34.0 |
P261 | 02/08/10 | 09/08/10 | 33.0 |
P241 | 21/01/10 | 28/01/10 | 32.0 |
P240 | 20/01/10 | 27/01/10 | 31.0 |
P238 | 13/11/09 | 20/11/09 | 30.0 |
P237 | 13/11/09 | 20/11/09 | 30.0 |
P215 | 23/04/08 | 25/06/09 | 29.0 |
ORD003 | 23/06/09 | 24/06/09 | 28.0 |
P216 | 24/04/08 | 20/04/09 | 27.0 |
P225 | 07/08/08 | 06/11/08 | 26.0 |
P207 | 10/07/07 | 10/09/07 | 25.0 |
P209 | 16/03/07 | 23/08/07 | 24.0 |
P197 | 10/08/06 | 23/08/07 | 24.0 |
P208 | 16/01/07 | 22/02/07 | 23.0 |
P191 | 07/12/05 | 21/12/05 | 22.0 |
P189 | 09/09/05 | 02/11/05 | 21.0 |
P174 | 19/04/05 | 02/11/05 | 21.0 |
P186 | 08/09/05 | 22/09/05 | 20.0 |
P179 | 09/02/05 | 23/02/05 | 19.0 |
P162 | 05/10/04 | 19/10/04 | 18.0 |
ORD001 | BETTA | 01/09/04 | 17.0 |
P166 | 30/07/04 | 13/08/04 | 16.0 |
P164 | 08/06/04 | 30/06/04 | 15.0 |
P123 | 08/09/03 | 27/02/04 | 14.0 |
P100 | 21/03/03 | 05/11/03 | 13.0 |
P126 | 18/07/03 | 08/08/03 | 12.0 |
P62 | 12/08/02 | 01/08/03 | 11.0 |
P106 | 22/04/03 | 24/06/03 | 10.0 |
P88 | 05/02/03 | 29/05/03 | 9.0 |
P101 | 02/01/03 | 23/01/03 | 8.0 |
P55 | 06/06/02 | 06/06/02 | 7.0 |
P46 | 14/05/02 | 22/05/02 | 6.0 |
P60 | 09/04/02 | 11/04/02 | 5.0 |
P67 | 01/03/02 | 08/03/02 | 4.0 |
P7 | 28/01/02 | 28/02/02 | 3.0 |
P16 | 04/06/01 | 01/06/01 | 2.0 |