Utility Regulator consults on licence modification

NOTICE UNDER ARTICLE 14(2)
OF THE ELECTRICITY (NORTHERN IRELAND) ORDER 1992

MODIFICATION OF ESB INDEPENDENT ENERGY NI LIMITED’S
SUPPLY LICENCE
In pursuance of its powers under Article 14(1) of the Electricity (Northern Ireland) Order 1992 (as amended) (hereafter referred to as the “Order”) and having obtained the consent of the Licensee, the Northern Ireland Authority for Utility Regulation (hereafter referred to as the “Authority”) hereby gives notice under Article 14(2) as follows:

1 It proposes to modify the electricity supply licence (the “Licence”) held by ESB Independent Energy NI Limited (the “Licensee”) by replacing the existing licence conditions with the conditions set out in Annex 1.

2 The reason for the proposed modifications is to rectify an administrative oversight whereby the conditions of the Licence were not amended in line with other equivalent supply licences for the purposes of implementing the Single Electricity Market (the SEM) and for further implementation of the EU Directive 2003/54/EC.

3 The proposed modifications will bring the conditions of the Licence into line with the conditions in the corresponding licences of other equivalent suppliers in Northern Ireland. In this context “other equivalent suppliers” means all electricity supply licence holders in Northern Ireland except NIE Energy (whose licence includes a number of conditions which differ from those of other suppliers).

4 The effect of the proposals is to replace the entirety of the conditions of the Licence with the conditions set out in Annex 1. The proposed modified conditions reflect the modifications made to the electricity supply licences (of other equivalent suppliers) on 3rd July 2007 and 22nd October 2007, except for those conditions which were included on 3rd July but were subject to self-deletion (essentially a number of transitional conditions which self-deleted three months after SEM Go-Live).

5 The modifications made to other supply licences (including those condition which have self-deleted) can be found at the flowing web location:
www.allislandproject.org

6 It is further noted that on 24th October 2007, in pursuance of its powers under Article 41(2)(b) the Authority modified the terms of all Electricity Supply Licences so as to modify Schedule 2 (Terms as to Revocation).

7 Notwithstanding the administrative oversight in relation to the modification of the conditions of the Licence, it is the case that the Authority modified Schedule 2 to the Licence by virtue of the exercise of the powers under Article 41(2)(b) on 24th October.

8 However, for illustrative purposes only, Schedule 2 to the Licence is set out in Annex 2.

9 Representations or objections with respect to the proposed modifications (as set out in Annex 1) may be made on or before Friday 1st August 2008 to:

Simon Scott
The Northern Ireland Authority for Utility Regulation Queens House
14 Queen Street
Belfast
BT1 6ER
Tel: 028 9031 1575
Fax: 028 9031 1740
Email: simon.scott@niaur.gov.uk

10 The Authority has, pursuant to Articles 14(3) and 14(4) of the Order respectively,
served a copy of this notice on ESB Independent Energy NI Limited and sent a copy to the Department of Enterprise Trade and Investment.

Dated this 3rd day of July 2008

Dermot MacCann
For and on behalf of the Northern Ireland Authority for Utility Regulation

Copies of the modification will be made available in large print, Braille, audio cassette and a variety of relevant minority languages if required.