S.I. No. 436/1999 - Electricity Regulation Act, 1999 (Schedule, Paragraph 16) Levy (No. 2) Order, 1999

The Commission for Electricity Regulation in exercise of the powers conferred on it by the Electricity Regulation Act, 1999 (No. 23 of 1999), hereby makes the following Order:

1.

• (2) This Order shall come into operation on the 31st day of December, 1999.

• (3) The Electricity Regulation Act, 1999 (Schedule, Paragraph 16) Levy Order, 1999 (S.I. No. 382) is revoked as and from 1 January, 2000.

2.

“the Act” means the Electricity Regulation Act, 1999 (No. 23 of 1999);

“actual quantity” means, in relation to a relevant undertaking, the actual quantity of electricity, in Megawatt-hours (MWhrs), which has been generated, transmitted, distributed or supplied, as the case may be;

“Banking Day(s)” means day(s) on which banks in Ireland generally are open for business (except in any event on Saturday or Sunday);

“the Commission” means the Commission for Electricity Regulation established under the Act;

“levy year” means a calendar year;

“quarter” means a period of 3 months ending on the 31st day of March, the 30th day of June, the 30th day of September, and the 31st day of December;

“relevant quantity” means, in relation to a relevant undertaking, the forecast quantity of electricity in MWhrs which it is estimated will be generated, transmitted, distributed and/or supplied, as the case may be;

“settlement system administrator” means the Board or its successor as the person responsible for administering the electricity trading and settlements system;

“vertically integrated undertaking” means an undertaking performing two or more of the functions of generation, transmission, distribution and supply of electricity;

and any cognate words shall be construed accordingly.

• (2) In this Order—

• (a) all words and expressions defined in the Act shall have the same meanings when used in this Order;

• (b) a reference to an article or schedule is to an article of, or schedule to, this Order unless it is indicated that reference to some other Order is intended;

• (c) a reference to a sub-article is to the sub-article of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3.

4.

5.

• (2) The levy imposed by sub-article (1) shall be payable in equal quarterly instalments no later than—

• (a) the 31st January 2000; or

• (b) the last day of the first month of each subsequent quarter in a levy year.

6.

• (2) The levy imposed by sub-article (1) shall be payable by the relevant undertaking separately for each activity of generation, transmission, distribution or supply, as the case may be, that is carried out by the relevant undertaking in Ireland.

• (3)
• (a) Where a relevant undertaking is the holder of a licence or a permit referred to in the Schedule in part of a quarter, the amount of the levy imposed on the relevant undertaking in respect of that quarter shall be the appropriate proportion of the levy for that quarter.

• (b) In this sub-article, “appropriate proportion” means the proportion that the part of the quarter in which the relevant undertaking holds the licence shall bear to the whole of the quarter concerned.

7.

• (a) no later than the first day of each quarter, submit to the Commission a statement of the relevant quantity for that quarter; and thereafter;

• (b) within 15 working days of the end of each quarter, submit to the Commission a statement, certified by the settlement system administrator of the actual quantity for the relevant undertaking in the previous quarter.

• (2) Where a relevant undertaking does not submit a statement of the relevant quantity in accordance with Article 7(1)(a) the amount payable for that quarter shall be 115% of the relevant quantity for the previous quarter. This shall not apply to the first quarter where such a statement is required.

• (3) Where the amount paid by the relevant undertaking in accordance with Articles 5 and 6 in respect of the relevant quantity in any quarter is less than the actual quantity payable by reference to the said statement of actual quantity, the relevant undertaking concerned shall pay to the Commission the balance of the amount payable on the last day of the first month of the following quarter.

• (4) Where the amount paid by a relevant undertaking in accordance with Articles 5 and 6 in respect of any quarter is more than the amount payable by reference to the said statement of actual quantity, the Commission shall make an adjustment to the amount payable by the relevant undertaking in the following quarter.

8.

• (2) In this Article, “the prescribed interest rate” means a rate 2% per annum above the Allied Irish Bank's base rate from time to time.

9.

• (2) Relevant undertakings shall notify the Commission as soon as payment has been made, indicating the date on which payment was made and the name of the bank effecting payment.

• (3) A request for payment by the Commission to the relevant undertakings under this Order shall be made to the relevant undertaking in accordance with Section 4 of the Act,

SCHEDULE

The relevant undertakings for the purposes of this Levy Order are a class consisting of:

any holders of a licence granted under Section 14 of the Act or a permit under Section 37 of the Electricity (Supply) Act, 1927 , and

vertically integrated undertakings in the electricity market without a licence under the Act, or a permit under Section 37 of the Electricity (Supply) Act, 1927 .

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order imposes a levy on certain specified classes of electricity undertakings, for the purpose of meeting expenses properly incurred by the Commission for Electricity Regulation in the discharge of its functions under the Act.