Derogation Direction to AES Ballylumford - Nov 2018
| Year | 2018 |
| Published date | 09 November 2018 |
| Energy Sector | Corporate |
DIRECTION OF THE NORTHERN IRELAND AUTHORITY FOR UTILITY REGULATION ISSUED UNDER
LICENCE CONDITION 4(2)(a) OF THE ELECTRICITY GENERATION LICENCE of AES BALLYLUMFORD LTD
TO:
AES Ballylumford Limited (the Licensee)
WHEREAS:
(A) The L icensee is the holder of an electricity generation licence (the Licence) granted under
Article 10(1)(a) of the Electricity (Northern Ireland) Order 1992, and is subject to the
conditions contained in that Licence.
(B) Paragraph 1 of Condition 4 of the Licence places an obligation on the Licensee to comply with
the provisions of the Grid Code.
(C) Paragraph 2(a) of Condition 4 provides the Northern Ireland Authority for Utility Regulation
(the Authority) with the power to relieve the Licensee of that obligation, in whole or in part.
(D) The Licensee has applied to the Authority, in respect of two generating units known as B4 and
B5 which are operated under the L icence, for a direction to relieve the Licensee of its
obligation under PC6.1.6 of the Grid Code to give three years' notice of its intention to
withdraw those units from operation.
(E) For the reasons given in the accompanying letter, the Authority is satisfied that it is
appropriate for it to exercise the power to issue the requested a direction to the Licensee in
the terms set out below, for the purposes of Condition 4 of the Licence and in accordance with
its principal objective and general duties under Article 12 of the Energy (Northern (Ireland)
Order 2003 (including in particular Articles 12(1) and (2) of that Order).
NOW THEREFORE:
1. The Authority hereby directs in accordance with paragraph 2(a) of Condition 4 of the Licence
that, so long as the condition in paragraph 2 of this direction is met, the Licensee shall be
released from its obligation under PC6.1.6 of the Grid Code to give three years' notice of its
intention to withdraw units B4 and B5 from operation.
2. The condition referred to in paragraph 1 of this direction is that the Licensee must, by no
later than 31 December 2018, give notice to SONI of its intention to withdraw units B4
and B5 from operation (whether immediately or after any period specified in that
notice).
3. Where such notice is not given by 31 December 2018 in line with paragraph 2 of this
direction, the Licensee's obligation to comply with PC6.1.6 of the Grid Code in respect
of units B4 and B5 shall be reinstated from 1 January 2019.
4. This direction shall take effect immediately on being made.
Words and expressions used in this direction which are defined in the Licence shall have the same
meanings in this direction as they are given in the Licence.
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