EXHIBIT 10.9
17/3/98
DATED 199[ ]
South Western Electricity plc
and
[USER]
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USE OF SYSTEM AGREEMENT
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TABLE OF CONTENTS
Clause Heading Page
1. DEFINITIONS AND INTERPRETATION.............................................................................4
2. CONDITIONS PRECEDENT......................................................................................17
3. CONNECTION AGREEMENTS.....................................................................................18
4. USE OF SYSTEM ............................................................................................20
5. COMMENCEMENT, DURATION AND CONTROLLED MARKET START UP.....................................................21
6. CHARGES ...........................................................................................21
7. BILLING AND PAYMENT BY SETTLEMENT CLASS...................................................................23
8. SITE SPECIFIC BILLING AND PAYMENT.........................................................................24
9. LIMITATION OF LIABILITY...................................................................................25
10. ENERGISATION, DE-ENERGISATION AND RE-ENERGISATION........................................................27
11. COMPLIANCE WITH THE DISTRIBUTION CODE....................................................................32
11A. COMPLIANCE WITH THE METER OPERATOR CODE OF PRACTICE.....................................................32
11B. COMPLIANCE WITH THE RADIO TELESWITCH AGREEMENT..........................................................32
12. METERING DATA AND METERING EQUIPMENT.....................................................................32
13. PROVISION OF INFORMATION.................................................................................34
14. DEMAND CONTROL...........................................................................................36
15. REVENUE PROTECTION.......................................................................................36
16. GUARANTEED PERFORMANCE STANDARDS.........................................................................36
17. VARIATIONS...............................................................................................37
18. TERMINATION..............................................................................................39
19. FORCE MAJEURE ...........................................................................................41
20. CONFIDENTIALITY RESTRICTIONS ON THE COMPANY..............................................................41
21. CONFIDENTIALITY RESTRICTIONS ON THE USER.................................................................43
22. DISPUTES ...............................................................................................45
23. RESTRICTIVE TRADE PRACTICES ACT..........................................................................46
24. MISCELLANEOUS ...........................................................................................46
25. GOVERNING LAW ...........................................................................................49
26. ASSIGNMENT AND SUB-CONTRACTING...........................................................................49
27. COUNTERPARTS
SCHEDULE 1 - COVER...........................................................................................50
SCHEDULE 2 - MANDATORY TERM FOR SUPPLY CONTRACT..............................................................57
SCHEDULE 3 - USE OF SYSTEM CHARGES...........................................................................58
SCHEDULE 4 - TRANSACTIONAL CHARGES...........................................................................85
SCHEDULE 5 - CALCULATION OF INTEREST ON RECONCILIATION ACCOUNTS..............................................92
SCHEDULE 6 - BILLING AND PAYMENT DISPUTES....................................................................93
SCHEDULE 7 - APPROVAL AND PERMISSION PROCEDURES..............................................................96
SCHEDULE 8 - METERING FUNCTIONALITY AND DATA REQUIREMENTS....................................................99
SCHEDULE 9 - METERING ACCURACY..............................................................................104
SCHEDULE 10 - EVENT LOG.....................................................................................105
SCHEDULE 11 - DEMAND CONTROL................................................................................110
SCHEDULE 12 - STANDARD CONNECTION AGREEMENT.................................................................120
SCHEDULE 13 - REPORTING.....................................................................................122
AGREEMENT is made the day of 199[ ]
BETWEEN:
(1) South Western Electricity plc, a company incorporated in England and
Wales (registered No. 2366894), whose registered office is at 000 Xxxx
Xxxxxx, Xxxxx West, Almondsbury, Bristol, BS32 4SE (the "Company");
(2) [SUPPLIER] a company incorporated in [England and Wales [Scotland]
(registered No. [ ]], whose registered office is at
[ ] (the "User"),
each a "party" and together the "parties".
WHEREAS:
(A) The Company is obliged by Condition 8B of its PES Licence to offer to
enter into an agreement with the User for the provision of Use of
Distribution System in accordance with the requirements set out in
Condition 8B of its PES Licence.
(B) The Company has accordingly agreed to provide use of system to the User
on the terms and conditions set out in this Agreement.
THE PARTIES AGREE as follows:
DEFINITIONS AND INTERPRETATION
In this Agreement except where the context otherwise requires the
following expressions shall have the meanings set opposite them:
"Accreditation" means accreditation of any relevant
person and certification of that
person's business processes by the
Accreditation Authority and
"Accredited" shall be construed
accordingly;
"Accreditation Authority" has the meaning given to that term in
the Settlement Agreement;
"Act" means the Electricity Xxx 0000;
"Affiliate" in relation to either party means any
holding company of that party, any
subsidiary of that party or any
subsidiary of a holding company of that
party, in each case within the meaning
of Sections 736, 736A and
736B of the Companies Xxx 0000;
"Approved Credit Rating" has the meaning given to that term in
Schedule 1;
"Authorised Area" means the area from time to time
comprised in Schedule 1 of the PES
Licence;
"Competent Authority" means the
Secretary of State, the
Director, and any local or
national agency, authority,
department, inspectorate,
4
minister, ministry, official
or public or statutory
person (whether autonomous
or not) of the government
of, the United Kingdom or of
the European Union;
"Condition 8 Statement" means the statement in relation to
charges for use of system for the time
being in force pursuant to Condition 8
of the PES Licence;
"Condition 11E Statement" means the statement in relation to
charges for Metering and
Data Services (as defined in
the PES Licence) for the
time being in force pursuant
to Condition 11E of the PES
Licence;
"Connection Agreement" means an agreement between the
Company and any Customer
which provides that the
Customer has the right for
that Customer's Installation
to be and remain directly or
indirectly connected to the
Distribution System;
"Controlled Market Start-Up" means the phased implementation by the
Director, in the period subsequent to
31st August 1998, of trading
arrangements designed to facilitate
competition in the supply of
electricity, effected in accordance
with Condition 7B of the PES
Licence;
"Cover" has the meaning given to that term in
Schedule 1;
"Customer" means a person to whom the User
proposes to supply or for
the time being supplies
electricity through an Exit
Point or from whom the User
or any Relevant Exempt
Supplier is entitled to
recover charges,
compensation or an account
of profits in respect of
electricity supplied through
an Exit Point;
"Customer's Installation" means any structures, equipment,
lines, appliances or devices
used or to be used by any
Customer and connected or to
be connected directly or
indirectly to the
Distribution System;
"Daily Statement" means a statement
based on the Supercustomer
DUoS Report providing the
data items set out in Data
Transfer Catalogue D0242 as
amended from time to time in
accordance with the
provisions of the Master
Registration Agreement;
"Data Aggregation Services
Agreement" means any agreement between the
Company in its capacity as
Data Aggregator and the User
5
for the provision of data
aggregation services to be
provided by the Data
Aggregator;
"Data Aggregator" means a person appointed to provide the
services described in
Condition 11C paragraph 1(e)
of the PES Licence in
relation to the relevant
Metering Point;
"Data Collection Services
Agreement" means any agreement between the
Company in its capacity as
Data Collector and the User
for the provision of data
collection services to be
provided by the Data
Collector;
"Data Collector" means a person
appointed to provide the
services described in
Condition 11C paragraph 1(c)
and (d) of the PES Licence
in relation to the relevant
Metering Point;
"Data Protection Act" means the Data Protection Xxx 0000;
"Data Transfer Catalogue" means the catalogue of data flows,
data definitions and data formats as
annexed to the Master Registration
Agreement;
"Data Transfer Network" means the electronic network provided
as part of the Data Transfer Service;
"Data Transfer Service" means the service to be provided by the
Data Transfer Service Controller and
described in Condition 11B of the
PES Licence;
"Data Transfer Service
Agreement"
means the agreement dated
30th July 1997 between the
Data Transfer Service
Controller, and users of the
Data Transfer Service as at
the date of this Agreement;
"Data Transfer Service
Controller" means the body established by all
Public Electricity Suppliers (as
defined in the Act) to provide the Data
Transfer Service;
"De-energise" means, in relation to any
Metering Point, deliberately
to prevent the flow of
electricity from the
Distribution System through
the relevant Exit Point (or,
in the case of an Unmetered
Supply, any one or more of
the relevant Exit Points) to
the relevant Customer's
Installation for any purpose
other than a System Outage;
"De-energisation Works" means the movement of any switch, the
removal of any fuse or meter, or the
taking of any other step to De-energise
a Metering Point;
6
"De-register" means in relation to a Metering Point to
change the status of the Supply Number
relating to that Metering Point within
MPAS so as to prevent any further
Registrations (as defined by the Master
Registration Agreement) in respect of
that Supply Number ("De-registered"
shall be construed accordingly and
"De-Registration Notice" shall be
construed as a notice issued by the
Company to De-Register);
"Directive" includes any present or future
directive, requirement, instruction,
direction or rule of any Competent
Authority (but only, if not having the
force of law, if compliance with the
Directive is in accordance with the
general practice of persons to whom the
Directive is addressed) and
includes any modification, extension or
replacement thereof then in force;
"Director" means the Director General of
Electricity Supply appointed for the
time being pursuant to the Act;
"Disconnection Notice" means a notice sent by the User to the
Company pursuant to Clause 10 and which:
(a) identifies the Metering Point
to which the notice relates
by reference to the Supply
Number for that Metering
Point; and
(b) requests the Company to send
a De-Registration Notice to
the MPAS Operator instructing
it to De-register the
Metering Point;
"Dispute Final
Reconciliation Run" means [awaiting Settlement
Agreement definition];
"Distribution Business" has the meaning given
to that term in the PES Licence;
"Distribution Code" means the distribution code established
pursuant to the PES Licence;
"Distribution System" means the Company's system for the
distribution of electricity and shall
have the meaning given to
the phrase "Licensee's Distribution
System" in the PES Licence;
"Enabling Agreement" means an agreement for the provision of
Exempt Supply Services;
7
"Energise" means, in relation to any
Metering Point, deliberately
to allow the flow of
electricity from the
Distribution System through
the relevant Exit Point (or,
in the case of an Unmetered
Supply, any one or more of
the relevant Exit Points) to
the relevant Customer's
Installation where such a
flow of electricity has
never previously existed;
"Energisation Works" means the movement of any switch or the
addition of any fuse or meter to
Energise a Metering Point;
"ERS" means the electronic registration system
operated by the Settlement System
Administrator in England and Wales
pursuant to the terms of the Settlement
Agreement;
"ESPR" means the Electricity (Standards of
Performance) Regulations 1993 SI
1993/1193 as amended or re-enacted from
time to time;
"Equivalent Meter" means an equivalent half hourly meter as
defined by the Unmetered Supplies
Procedure;
"Exempt Supplier" means a person who is authorised to
supply electricity by an exemption
granted under section 5 of the Act;
"Exempt Supply Services" means exempt supply services as
defined in Condition 1 of the PES
Licence but disregarding any reference
to those services being
provided by the Company;
"Exit Point" means a point of
connection at which a supply
of electricity may flow
between the Distribution
System and the Customer's
Installation or User's
Installation or the
distribution system of
another person;
"Final Reconciliation Run" means [awaiting Settlement Agreement
definition];
"Force Majeure" means any event or circumstance
which is beyond the reasonable control
of either party and which results in
or causes the failure of
that party to perform any of
its obligations under this
Agreement including act of
God, strike, lockout or
other industrial
disturbance, act of the
public enemy, war declared
or undeclared, threat of
war, terrorist act,
blockade, revolution, riot,
insurrection, civil
commotion, public
8
demonstration, sabotage, act
of vandalism, lightning,
fire, storm, flood,
earthquake, accumulation of
snow or ice, explosion,
fault or failure of plant or
machinery which (in each
case) could not have been
prevented by Good Industry
Practice, governmental
restraint, Act of
Parliament, other
legislation, bye law and
Directive (not being any
order, regulation or
direction under Xxxxxxx 00,
00, 00 xx 00 xx xxx Xxx) or
the failure of any generator
or NGC to deliver
electricity to the Company
or any deficiency in such
delivery to the extent that
such failure or deficiency
or the consequences thereof
could not have been
prevented by Good Industry
Practice by the Company,
provided that lack of funds
shall not be interpreted as
a cause beyond that party's
reasonable control;
"Gateway" has the meaning given to that term in
the Data Transfer Service Agreement;
"Good Industry Practice" means the exercise of that degree of
skill, diligence, prudence
and foresight which would
reasonably and ordinarily be
expected from a skilled and
experienced operator engaged
in the same type of
undertaking under the same
or similar circumstances;
"Grid Code" means the Grid Code established pursuant
to NGC's transmission licence;
"Grid Supply Point" means [awaiting Settlement Agreement
definition];
"Grid Supply Point Group" means [awaiting Settlement Agreement
definition];
"Initial Account" has the meaning given to that term
in Clause 7.3;
"Initial Settlement
and Reconciliation means [awaiting Settlement Agreement
Agent" definition];
"Initial Settlement Run" means [awaiting Settlement Agreement
definition];
"Invoice Date" means a date on which an account
(including an Initial Account or
Reconciliation Account) is produced by
the Company pursuant to this Agreement;
9
"Key" means a rechargeable key-shaped device
containing a memory chip which is
encoded or charged at a Vending Outlet
with the amount paid and is used as
the mechanism for transferring payment
for energy to a Key Meter. Following
transfer of payment a Key may be
recharged and reused. Keys will also
transmit data, including meter readings
and tariff details, between vending
equipment and Key Meters and can provide
instructions to re-program Key
Meters;
"Key Meter" means a Prepayment Meter which operates
using a Key; "kVA" means
kilovoltamperes;
"Line Loss Factor" means [awaiting Settlement
Agreement definition];
"Line Loss Factor Class" means [awaiting Settlement Agreement
definition];
"Market Domain I.D." has the meaning given to that term in
the Data Transfer Service Agreement;
"Master Connection and
Use of System means the agreement of that name dated
30th March 1990 Agreement" governing
connection to and use of NGC's
transmission system, as at the
date of this Agreement;
"Master Registration
Agreement" means the agreement of that name dated
[ ], as at the date of this
Agreement;
"Maximum Capacity" has the meaning (if any) given to
that term in the relevant Connection
Agreement;
"Maximum Power
Requirement" means the maximum amount of electricity
expressed in kilowatts or
kilovoltamperes which is requested by
the relevant Customer to be supplied
through an Exit Point;
"Meter Administrator" means a duly Accredited person appointed
by a Customer to administer an
Equivalent Meter pursuant to the
Unmetered Supplies Procedure;
"Meter Operation
Services Agreement" means any agreement between the Company
in its capacity as Meter Operator and
the User for the provision of
meter operation services to be provided
by the Meter Operator;
"Meter Operator" means a person appointed by the User,
or where applicable the Customer to
provide the services described in
10
Condition 11C paragraphs 1(a) and 1(b
of the PES Licence in relation to the
relevant Metering Point and Accredited
by the Accreditation Authority;
"Meter Operator Code
of Practice" means the code of practice of that name,
as amended from time to time, pursuant
to the Meter Operator Code of Practice
Agreement;
"Metered Data" means data concerning the quantities of
energy exported or imported, measured,
collected, recorded or otherwise
determined pursuant to the Settlement
Agreement;
"Metering Point" has the meaning given to that term in
the Master Registration Agreement;
"MPAS" has the meaning given to that
term in the Master Registration
Agreement;
"MPAS Operator" means the Company in its capacity as the
person who provides the services
described in Condition 11B of the PES
Licence;
"NGC" means The National Grid Company plc;
"Operational Metering
Equipment" means metering equipment suitable to
provide the Company with such data as it
requires for use of system or
operational purposes;
"PES Licence" means the public electricity supply
licence granted to the Company pursuant
to section 6 (1) (c) of the Act, as at
the date of this Agreement;
"Prepayment Infrastructure
Services Agreement" means any agreement between the Company
and the User for the
provision of prepayment infrastructure
services to be provided by the Company
pursuant to Condition 11C paragraph
1(f) of the PES Licence;
"Prepayment Meter" means a metering system that permits
the supply of electricity under
arrangements which provide for
the electricity supplied to be paid for
in full in advance of its
consumption and the recovery of sums in
respect of the other matters referred
to in paragraph 12(2) of Schedule 7 to
the Act;
"Prescribed Period" shall have the meaning given to that
term in the ESPR;
"Prescribed Sum" shall have the meaning given to that
term in the ESPR;
11
"Profile Class" means [awaiting Settlement
Agreement definition];
"Quarter" means the period of three months
commencing on 1st January, 1st April,
1st July and 1st October in
each year;
"Radio Teleswitch
Agreement" means the agreement of that name
detailing the rights and obligations
of inter alios, the Company and the
User in relation to the use of
radio teleswitches;
"Reconciliation Account" has the meaning given to that term in
Clause 7.4;
"Reconciliation Run" means [awaiting Settlement Agreement
definition];
"Re-energise" means, in relation to any Metering
Point, deliberately to allow the flow of
electricity from the Distribution
System through the relevant Exit Point
(or, in the case of an Unmetered Supply,
any one or more of the relevant Exit
Points) to the relevant Customer's
Installation where such flow of
electricity was previously prevented by
De-energisation Works;
"Re-energisation Works" means the movement of any switch, the
replacement of any fuse or meter,
or the taking of any other step to
Re-energise a Metering Point;
"Registration Notice" means a notice sent to the MPAS
Operator by either the User or the
Company, as the case may be, instructing
the MPAS Operator to change the status
of a Metering Point in the way set out
in the notice;
"Regulations" means the Electricity Supply
Regulations 1988 SI 1988/1057 as
amended or re-enacted from time to
time;
"Related Undertaking" in relation to either party means any
undertaking in which that party has a
participating interest as defined in
Section 260 of the Companies
Xxx 0000;
"Relevant Exempt
Supplier" means an Exempt Supplier which has
entered into an Enabling Agreement
with the User in respect of supplies of
electricity to Customers of that
Exempt Supplier;
12
"Relevant Instruments" means:
(a) the Act and all subordinate
legislation made under
the Act, as at the date of
this Agreement;
(b) the Data Protection Act and
all subordinate legislation
made under it, as at the date
of this Agreement;
(c) the PES Licence and
the Second Tier
Supply Licence, and
any determination
or notice made or
issued by the
Director pursuant
to the terms
thereof;
(d) the Settlement Agreement;
(e) the Data Transfer Service
Agreement;
(f) the Master Registration
Agreement; and
(g) the Master Connection and Use
of System Agreement,
and whether under any of the foregoing
or otherwise, all authorisations,
approvals, licences, exemptions,
filings, registrations, notarisations,
consents and other matters, which are
required, or which the Company acting in
accordance with Good Industry Practice
would obtain, in connection with the
provision of the services under this
Agreement, of or from any
Competent Authority as at
the date of this Agreement;
"Revenue Protection Code
of Practice" means the code of practice
detailing the rights and
obligations of, inter alios,
the Company and the User in
relation to the prevention
of meter interference and
other forms of illegal
abstraction of electricity
titled Revenue Protection -
Code of Practice as amended
from time to time in
accordance with its terms;
"Second Tier Supply
Business" has the meaning given to that term in
the PES Licence;
"Second Tier
Supply Licence" means the second tier
supply licence granted to the User to
supply electricity pursuant to
Section 6 (2) of the Act and
covering the relevant part of the
Authorised Area, as at
the date of this Agreement;
"Secretary of State" has the meaning given to that expression
in the Interpretation Xxx 0000;
13
"Security and Safety
of Supplies Statement" means the statement in relation to
security and safety of supplies for the
time being in force pursuant to
Condition 9A of the PES Licence;
"Service Agreements" means the:
(a) Master Registration Agreement;
(b) Data Transfer Service Agreement;
(c) Meter Operation Services
Agreement;
(d) Prepayment Infrastructure
Services Agreement;
(e) Data Collection Services
Agreement; and
(f) Data Aggregation Services
Agreement;
"Settlement" means [awaiting Settlement Agreement
definition];
"Settlement Agreement" means the Pooling and Settlement
Agreement dated 30th March
1990 (as amended), including
all Service Lines and Agreed
Procedures (as therein
defined) made under it, as
at the date of this Agreement;
"Settlement Class" means [awaiting Settlement Agreement
definition];
"Settlement Day" means [awaiting Settlement Agreement
definition];
"Settlement Data" means data used in the Settlement
System including data provided pursuant
to the Master Registration Agreement,
Data Aggregation Services Agreement,
Data Collection Services Agreement,
Meter Operation Services Agreement [and
the Prepayment Infrastructure Services
Agreement];
"Settlement Register" means [awaiting Settlement Agreement
definition];
"Settlement Run" means as appropriate, an Initial
Settlement Run, Reconciliation Run,
Final Reconciliation Run or Dispute
Final Reconciliation Run;
"Settlement Timetable" means [awaiting Settlement Agreement
definition];
14
"Settlement System" means [awaiting Settlement Agreement
definition];
"Settlement System
Administrator" means [awaiting Settlement Agreement
definition];
"Standard Connection
Agreement" means a Connection Agreement on standard
terms of connection prepared by the
Company and approved by the
Director under Condition 8C
of the PES Licence as
amended from time to time
with the approval of the
Director, the terms of which
as at the date of this
Agreement are set out at
Schedule 12;
"Standard Settlement
Configuration" means [awaiting Settlement Agreement
definition];
"Supercustomer DUoS Report" means a report of profiled data by
Settlement Class providing the data
items set out in Data Transfer
Catalogue D0030 (as amended
from time to time in
accordance with the
provisions of the Master
Registration Agreement);
"Supply Business" has the meaning given to that term in
the PES Licence;
"Supply Contract" means a contract (whether oral or in
writing) between the
User or any Relevant Exempt
Supplier and a Customer for
a supply of electricity to
such Customer through an
Exit Point from time to
time;
"Supply Number" has the meaning given to that term in
the Master Registration Agreement;
"System Outage" means in relation to the Distribution
System a planned or unplanned
interruption to the flow of electricity
through the whole or part of the
Distribution System implemented by
or on behalf of the Company for safety
or system security reasons or to enable
the Company to inspect or effect
alterations, maintenance, repairs or
additions to any part of the
Distribution System;
"Systems" means [ ];
Note: To be resolved in the STS/JPW
debate on Millennium Compliance
"Tariff Customer" shall have the meaning given to that term
in the Act;
15
"Time Pattern Regime" means [awaiting Settlement
Agreement definition];
"Tariff Management Agreement" means the agreement of that
name dated [ ]
governing the establishment
of a forum to oversee the
allocation and use of Key
Meter tariffs;
"Transactional Charges" means the charges payable
for the services listed in
Part 1 of Schedule 4;
"Unit" means kilowatt hour;
"Unit Rate" means a charge in xxxxx
and/or pound(s) applied to
a Unit;
"Unmetered Connection Agreement" means a Connection Agreement
relating to an Unmetered
Supply which regulates
(amongst other things) the
preparation and keeping
up-to-date of an inventory
of the Customer's
Installation;
"Unmetered Supplies Certificate" means
a certificate issued by the
Company in its sole
discretion to a Customer
under the Unmetered Supplies
Procedure which states
(amongst other things) the
Supply Numbers of the
Metering Points by reference
to which the Company has
authorised the Customer to
receive Unmetered Supplies;
"Unmetered Supplies Procedure" means the [Agreed
Procedure] of that name
[established
under the Settlement Agreement];
"Unmetered Supply" means a supply of
electricity the quantity of
which the Company through
the issue of a relevant
Unmetered Supplies
Certificate has authorised
not to be measured by
physical metering equipment;
"Use of Distribution System" means the use of the
Distribution System for the
passing of electricity into
the Distribution System and
for the transportation of
such electricity by the
Company through the
Distribution System to Exit
Points;
"Use of System Charges" has the meaning given to
that term in Clause 6.1;
"User's Installation" means structures, equipment,
lines, appliances or devices
connected or to be
connected to the
Distribution System at
any Exit Point used or to be
used by the User in
connection with this
Agreement;
16
"Value Added Tax" has the meaning
given to that term in the
Value Added Tax Xxx 0000 and
any tax of a similar nature
which may be substituted for
or levied in addition to it;
"Vending Outlet" means a vending machine
or retail outlet authorised
by the Company to operate
equipment for charging Keys
on its behalf; and
"Working Day" has the meaning given to
that term in section 64 of
the Act.
In this Agreement, unless the context requires otherwise, any reference to:
1.2 1.2.1 a "person" includes a reference to a body corporate, association
or partnership;
1.2.2 the singular shall include the plural and vice versa;
1.2.3 this "Agreement" shall mean this agreement and the Schedules;
1.2.4 a Clause or Schedule is a reference to a clause of or schedule to
this Agreement;
1.2.5 writing includes all methods of reproducing words in a legible and
non-transitory form; and
1.2.6 a charging period is, subject to any contrary indication, a
reference to the period specified in Schedule 3 or Schedule 4 as
appropriate (or if no period is specified a calendar month).
1.3 The headings in this Agreement are for ease of reference only and shall
not affect its interpretation.
1.4 In this Agreement, references to "include" or "including" are to be
construed without limitation to the generality of the preceding words.
2. CONDITIONS PRECEDENT
The provisions of Clauses 4, 6, 7, 8, 10 and 12 to 16 inclusive of this
Agreement are conditional upon each of the following conditions
precedent being fulfilled:
2.1.1 the User holding the Second Tier Supply Licence;
2.1.2 the Company holding the PES Licence;
2.1.3 both parties having entered into the Master Connection and Use of
System Agreement and any necessary supplemental agreement pursuant
to it;
2.1.4 both parties being a party to, and a pool member under, the
Settlement Agreement;
2.1.5 there being in full force and effect as between the parties the
Master Registration Agreement and Data Transfer Service Agreement,
such agreements being unconditional save for any conditions that
this Agreement becomes unconditional; and
17
2.1.6 where the User does not hold an Approved Credit Rating,
provision by the User of any Cover that may be required by the
Company in accordance with Schedule 1.
2.2 If the conditions precedent set out in Clause 2.1
are not fulfilled at the date hereof each party shall use
reasonable endeavours to procure the fulfilment of those conditions
relating to it which have not already been fulfilled.
2.3 Once each of the conditions precedent in Clause 2.1 has been fulfilled, each
party shall use reasonable endeavours to keep such conditions precedent
relating to it fulfilled throughout the term of this Agreement.
2.4 If any of the conditions precedent set out in Clause 2.1 has not been
fulfilled or waived within 3 months of the execution of this Agreement then,
subject to any accrued rights and obligations of either party (including
any claim either party may have pursuant to the provisions of Clause 2.2 or
2.3) this Agreement shall automatically terminate
2.5 Neither party shall be obliged to perform any of its obligations under this
Agreement, and in particular the obligations set out in Clause 2.1, except
for the obligation set out in Clause 2.1.6, prior to the commencement of
Controlled Market Start-Up in the Authorised Area.
3. CONNECTION AGREEMENTS
3.1 The Company hereby appoints the User as its agent for the purpose of
procuring Standard Connection Agreements in accordance with Clause 3.2
and 3.5 and the User agrees to act in that capacity. In respect of the
Customers of a Relevant Exempt Supplier, the User is authorised to and
shall appoint the Relevant Exempt Supplier as the sub-agent of the User
for the purpose of procuring Standard Connection Agreements in
accordance with Clause 3.2 and 3.5 and shall procure that the Relevant
Exempt Supplier agrees to and does act in that capacity. The User shall
and shall procure that such sub-agent shall:
3.1.1 not pledge the credit of the Company in any way;
3.1.2not make or give any representation or warranty in relation to
the Company unless the representation or warranty itself has been
expressly approved in writing by the Company;
3.1.3not agree or purport to agree to any obligations on the Company
other than those in the Standard Connection Agreement; and
3.1.4not agree or purport to agree any variation to any Standard
Connection Agreement.
3.2 Subject to the provisions of Clause 3.5, the User shall procure that
on each occasion on which it or any Relevant Exempt Supplier enters
into a Supply Contract (whether written or oral) (except for the
renewal of an existing Supply Contract entered into after [31 August
1998]) that unless and to the extent that the provisions of Clause 3.5
apply to the relevant Customer:
18
3.2.1 there is included in that Supply Contract the term set out in
Schedule 2 or another term having the same effect as that term
and that such term is drawn to the attention of the relevant
Customer before the Supply Contract is entered into; and
3.2.2 the Customer simultaneously enters into a Standard Connection Agreement in
relation to the connection of each Exit Point through which the supply of
electricity to the relevant Metering Point(s) will flow.
3.3 The User shall indemnify the Company against all actions, proceedings,
costs, demands, claims, expenses,
liability, loss or damage arising from, or incurred by the Company as a
consequence of, the User or any Relevant Exempt Supplier failing to
comply with Clause 3.2. Where the User or any relevant Exempt Supplier
does not on the Company's reasonable request in the context of an
actual or threatened dispute, difference or disagreement with the
relevant Customer, provide sufficient evidence to establish in any such
case that a Standard Connection Agreement was procured in accordance
with Clause 3.2 or Clause 3.5 (where the User has procured a Standard
Connection in accordance with Clause 3.5), then the User shall
indemnify the Company as if no Standard Connection Agreement had been
procured. Where such records are released to the Company such records
shall be subject to the Company's obligations of confidentiality under
Clause 20.
3.4 Where the User or any Relevant Exempt Supplier has procured a Standard
Connection Agreement on behalf of the Company and the Company intends to
negotiate non-standard terms to apply in addition to or in substitution for the
terms under the Standard Connection Agreement, the Company shall notify the User
that the Company intends that non-standard terms will apply in respect of that
connection. Where non-standard terms are agreed, the Company shall notify the
User as soon as reasonably practicable of any non-standard terms which affect
the Use of System Charges payable in respect of that Customer.
3.5 Notwithstanding the provisions of Clause 3.2, when at any time prior to 31st
March 2000 the User or any Relevant Exempt Supplier proposes to enter into
or enters into a Supply Contract with any Customer who:
3.5.1 is being supplied with electricity other than as a Tariff
Customer of the Company before [31st August 1998]; and
3.5.2 as a relevant demand in Megawatts calculated in accordance with
Condition 2 of the Second Tier Supply Licence at the premises to
which that supply is made in excess of 0.1 of a Megawatt; and
3.5.3 has prior to [date 3 months before 31st August 1998] failed to enter
into a Connection Agreement in respect of Exit Points at the premises
referred to in Clause 3.5.2 through which the supply of
electricity will flow under the Supply Contract to be entered into
or entered into between the User or any Relevant Exempt Supplier and
the relevant Customer.
then by way of exception from the provisions of Clause 3.2 and in
respect of the Exit Points referred to in Clause 3.5.3 and any Exit
Point through or at which the Customer commences to receive a supply
after the date of this Agreement in excess of 0.1 of a Megawatt
19
calculated on the basis set out in Clause 3.5.2, the User shall be
obliged only to, and shall procure that any Relevant Exempt Supplier
will, use its reasonable endeavours to procure that the relevant
Customer simultaneously enters into a Standard Connection Agreement in
relation to each of the Exit Points referred to in Clause 3.5.3. Where
the User procures a Standard Connection Agreement from a customer
pursuant to this Clause 3.5 it shall notify the Company as soon as
reasonably practicable.
4. USE OF SYSTEM
4.1 Subject to the terms of this Agreement, the Company shall transport
electricity through the Distribution System to each Exit Point relating to
a Metering Point or Metering Points registered to the User under the
Master Registration Agreement or in ERS subject to any arrangements
made between the respective Customers and the Company and the
requirements (if any) of the respective Customers agreed between such
Customers and the Company up to the Maximum Capacity (if any) and
subject to such variations (if any) as may be permitted by the
Regulations.
4.2 The obligation of the Company to transport electricity to a particular Exit
Point pursuant to Clause 4.1 is in each case subject to:
4.2.1 the User being authorised by its Second Tier Supply Licence to supply
electricity to each of the premises to be supplied with electricity through
such Exit Point;
4.2.2 unless and to the extent that the provisions of Clause 3.5 apply to the
relevant Exit Point there being a Connection Agreement in full force and effect
relating to the connection of the relevant Customer's Installation;
4.2.3 the User being validly registered under the Master Registration Agreement
or in ERS in respect of each Metering Point relating to Customers to be
supplied by the
User through such Exit Point;
4.2.4 the Company receiving confirmation that a
Meter Operator, Data Collector and Data Aggregator, which in each case has been
Accredited, have been appointed for each Metering Point relating to Customers to
be supplied through such Exit Point. (For the avoidance of doubt, no Meter
Operator is required to be appointed in relation to an Unmetered Supply);
4.2.5
subject to Clause 12.9, the Company receiving confirmation that metering
equipment has been installed in accordance with Clause 12; 4.2.6 where
applicable, the Company receiving confirmation that the User has given notice of
that Exit Point to NGC pursuant to the Master Connection and Use of System
Agreement;
4.2.7 where the User intends to supply any Unmetered Supply there
being in full force and effect in relation to each relevant Exit Point an
Unmetered Supplies Certificate and an Unmetered Connection Agreement;
4.2.8
where the User intends to supply an Unmetered Supply which is to be submitted to
Settlement on the basis of half-hourly data generated by an equivalent meter, a
Meter Administrator having been and remaining appointed by the Customer;
20
4.2.9
the Company not being entitled under Schedule 6 of the Act to refuse to furnish
a supply of electricity, or to cut-off a supply of electricity that is
already furnished, through its Distribution System to that Exit Point; and
4.2.10 when the User intends to recover payment from the relevant Customer
through a Key Meter, the User being a party to the Tariff Management Agreement.
COMMENCEMENT, DURATION AND CONTROLLED MARKET START UP
5.1 Subject to Clause 2, and to Clause 5.2, this Agreement shall take effect on
the date hereof and shall continue in force until terminated in accordance
with the provisions of Clause 18.
5.2 During the period of Controlled Market Start-Up, the Company shall provide,
and the User shall be entitled to receive, Use of Distribution System only
insofar as it relates to:
5.2.1 supplies of electricity to premises in relation
to which the Director has directed, pursuant to
paragraph 5 of Condition 7B of the PES Licence, that Condition
8B of the PES Licence should have effect; and
5.2.2 supplies of electricity to premises permitted pursuant to Condition
2 and 3 of the Second Tier Supply Licence.
6. CHARGES
6.1 The User shall pay to the Company in respect of Use of Distribution System
the charges set out in Schedule 3. The Company may vary such charges at
any time by giving at least 40 days written notice to the User. Such
charges (the "Use of System Charges") and any variations are and will
be calculated in accordance with the Condition 8 Statement and the
Condition 11E Statement. The Use of System Charges shall be deemed to
include:
6.1.1 charges for the Use of Distribution System provided by the Company to the
User under this Agreement;
6.1.2 charges for those services described under the heading "Standard Services"
in the Revenue Protection Code of Practice; and
6.1.3 charges for certain services provided by the Company to the User pursuant
to:
(A) any Meter Operation Services Agreement as amended from time to time;
(B) any Data Collection Services Agreement as amended from time to time;
(C) any Data Aggregation Services Agreement as amended from time to time;
(D) any Prepayment Infrastructure Services Agreement as amended from time to
time; and
(E) the Master Registration Agreement as amended from time to time,
as identified in each such agreement as being recoverable by
the Company as an element of the charges which it levies on
the User under this Agreement.
21
On any occasion upon which the charges payable by the User under this
Agreement have not been calculated strictly in accordance with the
Condition 8 Statement and/or Condition 11E Statement an appropriate
adjustment shall be made by the Company and submitted to the User.
Where:
(A) the adjustment discloses an overcharge, the Company shall
repay to the User the amount by which the User has been
overcharged together with interest thereon from the due date
of the invoice containing the overcharge until the date of
repayment. Such interest shall accrue from day to day at the
base lending rate during such period of [Barclays] Bank Plc,
compounded annually; or
(B) the adjustment discloses an undercharge, the User shall pay to
the Company the amount, by which the User has been undercharged
together in the case of all charges which are not Transactional
Charges with interest thereon from the due date of the invoice
which should have included the amount of the undercharge until
the date of payment. Such interest shall accrue from day to day
at the base lending rate during such period of [Barclays] Bank
Plc, compounded annually.
Where the User disputes the adjustment, the parties shall attempt to
resolve the dispute in good faith. Where the dispute remains
unresolved after 20 Working Days either party may refer the
dispute to the arbitration in accordance with Clause 22 and the
parties agree to pay the amount payable or repayable (if any) as
determined thereby.
6.3 The Company shall invoice Use of System
Charges (but excluding for the avoidance of doubt any charges
calculated by reference to number or frequency of specific
transactions) by reference to Settlement Class using aggregated
data obtained from the Supercustomer DUoS Report except in
relation to those Metering Points registered to the User under
the Master Registration Agreement or in ERS where:
6.3.1 the supply of electricity is measured by Half-Hourly Metering
Equipment (as defined in Part I of the Settlement Agreement)
for the purposes of Settlement; and/or
6.3.2 the Use of System Charge is not comprised solely of one or more
standing charge(s) and/or one or more Unit Rate(s); and/or 6.3.3
the Use of System Charge is specified in Schedule 3 as not being
billed by Settlement Class. All Use of System Charges payable by
the User pursuant to this Clause 6 and Clauses 7 and 8:
6.4.1 are exclusive of Value Added Tax and the Company may add to
such amounts and the User shall pay Value Added Tax (if any)
at the rate applicable thereto from time to time and Value
Added Tax shall be payable at the same time and in the same
manner as the amounts to which it relates; and
6.4.2 shall be without prejudice to any claims or rights which the
User may have against the Company and except as expressly
permitted by Schedule 6 below shall be made without any set-off
22
or deduction in respect of any claims or disputes or otherwise.
6.5 In relation to the provision of those services described under
the heading "Transactional Services" in the Revenue Protection
Code of Practice the User shall pay to the Company the charges
set out in Part I of Schedule 4, on the terms and in the manner
described in Part II of that Schedule 4.
6.6 The User shall provide Cover in accordance with the provisions of
Schedule 1.
6.7 The Company may charge the User Use of System Charges calculated by
reference to electricity discovered or reasonably and properly assessed
to have been consumed by a Customer while a customer of the User but
not recorded at the time of consumption (for whatever reason) by the
metering equipment installed pursuant to Clause 12.1. At any time when
the Company charges the User Use of System Charges under this Clause,
it shall explain to the User the calculation of those charges and the
basis of that calculation.
6.8 The User shall pay to the Company in respect of any services
provided under this Agreement the charges set out in the relevant
Schedule or (if no such charge is specified in this Agreement or
agreed between the parties) the Condition 8 Statement. Without
prejudice to Clause 6.1, where the Company is intending to revise
the charges set out in Schedule 3 and Schedule 4, it shall serve
a copy of any notice it sends to the Director pursuant to
Condition 8 paragraph 18 of the PES Licence on the User as soon
as reasonably practicable after such notice is sent to the
Director.
7. BILLING AND PAYMENT BY SETTLEMENT CLASS
7.1 This Clause 7 applies to Use of System Charges which are invoiced by
reference to Settlement Class in accordance with Clause 6.3.
7.2 The User shall procure the delivery to the Company of
Supercustomer DUoS Reports in accordance with the timetable for
Settlement after each Settlement Run relating to each Settlement
Day. Following receipt of each Supercustomer DUoS Report, the
Company shall deliver Daily Statements to the User as soon as
reasonably practicable. 7.3 The Company shall submit to the User
as soon as is reasonably practicable after the end of each
charging period an account ("Initial Account") specifying Use of
System Charges payable in respect of each Initial Settlement Run
in respect of which a Daily Statement has been produced and which
has not previously been included in an Initial Account. Such
Initial Accounts shall be based upon the Daily Statements
provided pursuant to Clause 7.2. 7.4 Where a subsequent Daily
Statement for any Settlement Day indicates that, as a result of a
subsequent Reconciliation Run, Final Reconciliation Run or
Dispute Final Reconciliation Run, the Use of System Charges in
respect of that Settlement Day are different to those previously
billed, the Company shall calculate such difference and the
interest thereon and shall submit an account ("Reconciliation
Account") in respect of such difference to the User as soon as
reasonably practicable after the end of each charging period.
Such interest shall be calculated in accordance with Schedule 5.
23
Within 10 days of the date of an Initial Account or
Reconciliation Account submitted in accordance with Clauses 7.3
or 7.4, the User shall pay to the Company all sums due in respect
of such Initial Account or Reconciliation Account in pounds
sterling by [electronic transfer of funds to such bank account
(located in the United Kingdom) as is specified in the Initial
Account or Reconciliation Account, quoting the Initial Account or
Reconciliation Account number against which payment is made
and/or such other details as the Company may reasonably require].
Subject to Clause 7.6, if any amount remains unpaid after the due
date of any sum due in accordance with this Clause 7.5, the
Company shall (in addition to any other remedies and interest
payable under Clause 7.4) be entitled to charge interest on the
amount unpaid, including interest on any Value Added Tax unpaid,
at the rate of 3% per annum above the base lending rate during
such period of [Barclays] Bank Plc, compounded annually.
7.6 Where any sum included in an Initial Account or Reconciliation
Account submitted in accordance with Clauses 7.3 or 7.4 is
disputed by the User, the provisions of Schedule 6 shall apply.
8. SITE SPECIFIC BILLING AND PAYMENT
8.1 This Clause 8 applies to Use of System Charges in relation to Metering
Points that fall within sub-Clauses 6.3.1 - 6.3.3 (inclusive).
8.2 As soon as is reasonably practicable after the end of each
charging period, the Company shall submit to the User an account
specifying the Use of System Charges payable for the whole or any
part of that charging period. Such account shall be based on:
8.2.1 data from metering equipment or any Equivalent Meter
provided by the User in accordance with Clause 12.2 or, where
actual data are not available, estimated data prepared in
accordance with methods of estimation established under the
Settlement Agreement by the relevant Data Collector; and
8.2.2 other data as specified in the Condition 8 Statement and/or the
relevant Connection Agreement. Provided that the Company may use
estimated data prepared by the Company where the User fails to provide
the data under Clause 8.2.1 and 8.2.2.
Where an account is based on estimated data, the account shall be
subject to any adjustment which may be necessary following the receipt
of actual data from the User.
Within 14 days of the date of an account submitted in accordance with
Clause 8.2, the User shall pay to the Company all sums due in
respect of such account by [electronic transfer of funds to such
bank account (located in the United Kingdom) as is specified in
the account, quoting the account number against which payment is
made and/or such other details as the Company may reasonably
require]. Subject to Clause 8.4, if any amount remains unpaid
after the due date thereof, the Company shall (in addition to any
other remedies) be entitled to charge interest on the amount
unpaid, including interest on any Value Added Tax unpaid, at the
rate of 3% per annum above the base lending rate during such
period of [Barclays] Bank Plc, compounded annually.
24
8.4 Where any sum included in an account submitted in accordance with
Clause 8.2 is disputed by the User the provisions of Schedule 6
shall apply.
9. LIMITATION OF LIABILITY
9.1 Subject to Clause 9.5 and Clause 9.11 and save as provided in
this Clause 9.1 and Clause 9.2 and save where any provisions of
this Agreement provide for an indemnity neither party (the "party
liable") nor any of its officers, employees or agents shall be
liable to the other party for loss arising from any breach of
this Agreement other than for loss directly resulting from such
breach and which at the date hereof was reasonably foreseeable as
not unlikely to occur in the ordinary course of events from such
breach in respect of:
9.1.1 physical damage to the property of the other party, its
officers, employees or agents; and/ or
9.1.2 the liability of such other party to any other person for loss
in respect of physical damage to the property of any person.
Provided that the liability of either party in respect of all
claims for such loss shall in no circumstances exceed (pound)1
million per incident or series of related incidents;
And provided further that either party shall be entitled:
(A) to deduct from any sums payable in respect of its liability for
loss or damage in respect of any event under this Agreement any
sums which it is liable to pay to a person who has a connection
to the Distribution System or any other person in respect of the
same loss or damage in respect of the same event;
(B) where it has already made payment in respect of its liability for
loss or damage in respect of an event under this Agreement at the
time at which it becomes liable to pay to any other person in
respect of the loss or damage in respect of the same event, to
reclaim from the other party the amount of its liability to that
other person but not exceeding the amount already paid to the
other party in respect of loss or damage in respect of the same
event.
PROVIDED THAT where either party becomes aware of any
claim, difference, dispute or proceedings (actual or threatened)
which it reasonably expects may lead to a liability to a person
other than the other party in respect of an event which may give
rise to a liability to the other party under this Agreement and
which may fall within the provisos (A) and (B) to this Clause 9.1
that party shall consult with the other party as to the conduct
of that or those claim, difference, dispute or proceedings
(actual or threatened).
9.2 Nothing in this Agreement shall exclude or limit the liability of
the party liable for death or personal injury resulting from the
negligence of the party liable or any of its officers, employees
or agents and the party liable shall indemnify and keep
indemnified the other party, its officers, employees or agents,
from and against all such liability and any loss or liability
which such other party may suffer or incur by reason of any claim
on account of death or personal injury resulting from the
negligence of the party liable or any of its officers, employees
or agents.
25
9.3 Subject to Clause 9.5 and save where any provision of this
Agreement provides an indemnity neither party, nor any of its
officers, employees or agents, shall in any circumstances
whatsoever be liable to the other party for:
9.3.1 any loss of profit, loss of revenue, loss of use, loss of
contract or loss of goodwill; or
9.3.2any indirect or consequential loss; or
9.3.3loss resulting from the liability of such other party to
any other person howsoever and whenever arising save as
provided in Clauses 9.1 and 9.2.
9.4 The rights and remedies provided by this Agreement to the parties
are exclusive and not cumulative and exclude and are in place of
all substantive (but not procedural) rights or remedies express
or implied and provided by common law or statute in respect of
the subject matter of this Agreement, including any rights either
party may possess in tort which shall include actions brought in
negligence and/or nuisance. Accordingly, each of the parties
hereby waives to the fullest extent possible all such rights and
remedies provided by common law or statute, and releases the
party liable, its officers, employees and agents to the same
extent from all duties, liabilities, responsibilities or
obligations provided by common law or statute in respect of the
matters dealt with in this Agreement and undertakes not to
enforce any of the same except as expressly provided herein.
9.5 Save as otherwise expressly provided in this Agreement, this
Clause 9 insofar as it excludes or limits liability shall
override any other provision in this Agreement provided that
nothing in this Clause 9 shall exclude or restrict or otherwise
prejudice or affect any of:
9.5.1the rights, powers, duties and obligations of either party
which are conferred or created by the Act, any licence
granted pursuant to the Act or any subordinate legislation
made under the Act; or
9.5.2the rights, powers, duties and obligations of the Director
or the Secretary of State under the Act, any such licence or
otherwise howsoever.
9.6 Each of the sub-Clauses of this Clause 9 shall:
9.6.1 be construed as a separate and severable contract term, and
if one or more of such sub-Clauses is held to be invalid,
unlawful or otherwise unenforceable the other or others of
such sub-Clauses shall remain in full force and effect and
shall continue to bind the parties; and
9.6.2 survive termination of this Agreement.
9.7 Each party hereby acknowledges and agrees that the other party
holds the benefit of Clauses 9.1 and 9.2 and 9.3 above for itself
and as trustee and agent for its officers, employees and agents.
9.8 Each party hereby acknowledges and agrees that the provisions of
this Clause 9 have been the subject of discussion and negotiation
and are fair and reasonable having regard to the circumstances as
at the date hereof.
26
9.9 For the avoidance of doubt, nothing in this Clause 9 shall
prevent or restrict either party enforcing any obligation
(including suing for a debt) owed to it under or pursuant to this
Agreement.
9.10 Where either party, in breach of its obligations under Clause
24.4.3, fails to deliver any notice, request or other
communication to the recipient's Gateway and such failure occurs
for reasons outside that party's direct control, the breaching
party shall have no liability to the other under this Agreement
and the parties shall rely instead upon the provisions of the
Data Transfer Service Agreement.
NOTE: millennium compliance is outstanding.
10. NERGISATION, DE-ENERGISATION AND RE-ENERGISATION
10.1 Energisation Works, De-energisation Works and Re-energisation
Works carried out by or on behalf of the User pursuant to this
Clause 10 shall be carried out by a person who is either engaged
by the Company to carry out such work or who:
10.1.1 is an Approved Contractor, in accordance with the procedure set
out in Schedule 7; and
10.1.2 is a Competent Person to whom a Permission has been issued in
accordance with the procedure set out in Schedule 7, to carry out
the particular activities comprising the Energisation Works,
De-energisation Works or Re-energisation Works; and
10.1.3 acts in accordance with the requirements set out in Schedule 7.
10.2 Where:
10.2.1 neither the User nor any of its contractors is an Approved
Contractor; or
10.2.2 no employee of the User or any of its contractors (if they are
Approved Contractors) holds a Permission; or
10.2.3 the User does not have the rights of access required to
undertake such De-energisation Works; or
10.2.4 the parties so agree
the Company shall, to the extent that it may lawfully do so, at the
request of the User, when the User is entitled to have carried
out De-energisation Works and Re-energisation Works, carry out
such works at the cost of the User within a reasonable time or,
in circumstances of urgency, as soon as reasonably practicable.
The Company shall on request by the User inform the User of its
reasonable requirements for the details by reference to which
Metering Points to be De-energised or Re-energised are to be
identified.
10.3 The Company and the User shall both act in accordance with Good
Industry Practice when carrying out, or procuring the
carrying out of, any Energisation Works, De-energisation
Works or Re-energisation Works.
27
10.4 If circumstances exist which entitle the User or any Relevant
Exempt Supplier to Energise, De-energise or Re-energise Metering
Point(s) pursuant to the Supply Contract with the relevant
Customer then, subject to Clause 10.12, the User may Energise,
De-energise or Re-energise such Metering Point(s) provided that
it acts where relevant, in accordance with the 'code of practice
on payment of bills and guidance for dealing with customers in
difficulty', which the User must submit to and have approved by
the Director in accordance with Condition 30 of the Second Tier
Supply Licence.
10.5 If the User resolves to Energise or Re-energise a Metering
Point pursuant to Clause 10.4 then:
10.5.1 the User shall decide on the extent and nature of the
Energisation Works or Re-energisation Works and the User
shall undertake such Energisation Works or Re-energisation
Works at its own cost; and
10.5.2 when such Energisation Works or Re-energisation Works are
complete the User shall, in accordance with the Master
Registration Agreement, instruct the MPAS Operator to
register the relevant Metering Point as energised
(but only, in the case of an Unmetered Supply, if the
Energisation Works or Re-energisation Works have allowed
the flow of electricity through each relevant Exit Point).
10.6 If the User resolves to De-energise a Metering Point pursuant
to Clause 10.4 then:
10.6.1 the User shall decide on the extent and nature of the
De-energisation Works and the User shall undertake such
De-energisation Works at its own cost;
10.6.2 when such De-energisation Works are complete the User
shall, in accordance with the Master Registration
Agreement, instruct the MPAS Operator to register the
relevant Metering Point as de-energised (but only, in the
case of an Unmetered Supply, if the De-energisation Works
have prevented the flow of electricity through each
relevant Exit Point);
10.6.3 where the Company carries out De-energisation Works on
behalf of the User pursuant to Clause 10.2 the User shall
indemnify the Company against all actions, proceedings,
costs, demands, claims, expenses, liability, loss or damage
arising from, or incurred by the Company as a consequence
of, physical damage to the property of the Company, its
officers, employees or agents and in respect of the
liability of the Company to any other person for loss in
respect of physical damage to the property of any person,
in each case as a consequence of acting in reliance on any
instructions given by the User to the Company which are
materially inaccurate or misleading;
10.6.4 where the Company carries out De-energisation Works on
behalf of the User pursuant to Clause 10.2 the Company shall
indemnify the User against all actions, proceedings, costs,
demands, claims, expenses, liability, loss or damage arising
from, or incurred by the User as a consequence of, physical
damage to the property of the User, its officers, employees
or agents and in respect of the liability of the User to any
other person for loss in respect of physical damage to the
property of any person, in each case as a consequence of
acting contrary to an accurate and appropriate instruction
to De-energise a Metering Point.
28
10.7 The Company may, upon giving the User 2 Working Days' prior
written notice, De-energise any Metering Point if:
10.7.1 the Company is entitled to do so pursuant to the
Connection Agreement relating to such Metering Point; or
10.7.2 any of the conditions set out in Clause 4.2 cease to be
fulfilled (or, in the case of Clause 4.2.4, remain
unfulfilled 10 Working Days after the service of notice by
the Company requiring the User to remedy the situation) in
relation to the relevant Exit Point (or, in the case of an
Unmetered Supply, any one or more of the relevant Exit
Points).
10.8 Notwithstanding the provisions of Clause 10.7
the Company may, at any time with no prior notice to the User,
De-energise any Metering Point if:
10.8.1 the Company is instructed, pursuant to the terms of the
Master Connection and Use of System Agreement (as amended
from time to time) or the Settlement Agreement (as amended
from time to time), to do so;
10.8.2 the Company reasonably considers it necessary to do so for
safety or system security reasons;
10.8.3 the Company reasonably considers it necessary to do so to
avoid interference with the regularity or efficiency of its
Distribution System;
10.8.4 an accident or emergency occurs or threatens to occur
which requires the Company to do so to avoid the risk of
personal injury to any person or physical damage to the
property of the Company, its officers, employees or agents
or the property of any other person;
10.8.5 it is entitled to do so under Schedule 11; or
10.8.6 subject to the terms of a replacement agreement, this
Agreement is terminated in accordance with the provisions
of Clause 18.
In these circumstances the Company shall
inform the User as soon as reasonably practicable and in
any event by the end of the next Working Day when MPAS is
available of the fact that the Metering Point has been
De-energised.
10.9 If the Company resolves to De-energise a Metering Point pursuant
to Clause 10.7 or 10.8 then:
10.9.1 the Company shall decide on the extent and nature of the
De-energisation Works required to De-energise the relevant
Metering Point; and
10.9.2 the Company shall Re-energise the Metering Point as soon
as reasonably practicable after the circumstance giving
rise to such De-energisation has ended;
10.9.3 except where the Company resolves to De-energise a
Metering Point pursuant to Clauses 10.7.1, 10.8.1, 10.8.2,
29
10.8.3, 10.8.4 or 10.8.6 following termination of this
Agreement by the User under Clause 18.4 the Company
shall undertake both the De-energisation Works and the
subsequent Re-energisation Works at the cost of the
User and the User shall pay the Company, the relevant
charges listed at Schedule 4 associated with both the
De-energisation Works and the subsequent
Re-energisation Works.
10.10 If the Company De-energises a Metering Point pursuant to Clause
10.7 or 10.8 and such Metering Point remains De-energised for a
period of 3 Working Days then:
10.10.1 the Company shall forthwith instruct the User to send a
Registration Notice to the MPAS Operator instructing the
MPAS Operator to register the relevant Metering Point as
de-energised (but only, in the case of an Unmetered
Supply, if the De-energisation works have ceased the flow
of electricity through each relevant Exit Point); and
10.10.2 within 2 Working Days of receiving an instruction from
the Company pursuant to Clause 10.10.1, the User shall send
such a Registration Notice to the MPAS Operator.
10.11 If the Company Re-energises a Metering Point pursuant to Clause
10.9 then:
10.11.1 if an instruction has been given by the Company under
Clause 10.10.1 the Company shall forthwith instruct the
User to send a Registration Notice to the MPAS Operator
instructing the MPAS Operator to register the relevant
Metering Point as energised (but only, in the case of an
Unmetered Supply, if the Re-energisation works have allowed
the flow of electricity through each relevant Exit Point);
and
10.11.2 within 2 Working Days of receiving an instruction from
the Company pursuant to Clause 10.11.1, the User shall
send such a Registration Notice to the MPAS Operator.
10.12 The User shall not be entitled to Re-energise a Metering
Point which has previously been De-energised by the Company
on its own behalf (for the avoidance of doubt, not acting on
the instructions or at the request of the User) or on behalf
of the Company. For the avoidance of doubt, the User shall
be entitled to Re-energise a Metering Point which has
previously been De-energised by or on behalf of another
supplier.
10.13If there is no reasonably foreseeable future use for a
Metering Point the User shall be entitled to send to the
Company a Disconnection Notice. In respect of any
Disconnection Notice sent to the Company pursuant to this
Clause, the User shall:
10.13.1 warrant that to the best of its knowledge and belief,
having exercised Good Industry Practice, the Metering Point
has been De-energised and that there is no reasonably
foreseeable future use for the Metering Point giving details
of any De-energisation Works which it has undertaken and
providing an explanation for why there is no reasonably
foreseeable future use for the Metering Point; and
10.13.2 indemnify the Company against all costs, demands,
claims, expenses, liability, loss, or damage which the
Company incurs in consequence of acting in reliance on
the warranty given in Clause 10.13.1 which proves to be
in any way inaccurate or misleading.
30
10.14 If a third party contacts the Company to request
directly or indirectly that the Company undertakes
works in relation to a Metering Point because there is
no reasonably foreseeable future use for that Metering
Point and the Company is satisfied that the third party
is entitled to make such request then the Company shall
contact the relevant User and request it to submit a
Disconnection Notice. Upon receiving such a request the
User shall send the Company the requested Disconnection
Notice unless in the User's reasonable opinion there is
a reasonably foreseeable future use for the Metering
Point.
10.15 If, in any case, in the reasonable opinion of the Company there
is a reasonably foreseeable future use for the Metering Point
then the Company shall not be obliged to comply with a
Disconnection Notice received under Clause 10.13 or 10.14 and
where the Company decides not to comply it shall provide the User
with the reasons for its decision.
10.16 If the Company is of the reasonable opinion that there is no
reasonably foreseeable future use for a Metering Point then the
Company shall contact the relevant User and request it to submit
a Disconnection Notice. Upon receiving such a request the User
shall send the Company the requested Disconnection Notice unless
in the User's reasonable opinion there is a reasonably
foreseeable future use for the Metering Point.
10.17 For the avoidance of doubt, the warranty and indemnity contained
in Clause 10.13 shall not apply to any Disconnection Notice
requested by the Company pursuant to Clause 10.14 and 10.16.
10.18 Subject to Clause 10.15, within 5 Working Days of receipt of the
Disconnection Notice, the Company shall send a Registration
Notice to the MPAS Operator instructing it to register the
Metering Point as de-registered.
10.19 If a Metering Point has been De-energised by or on behalf of a
previous supplier and the Company receives a request from the User
to Re-energise such Metering Point then:
10.19.1 the Company shall Re-energise the Metering Point as soon
as reasonably practicable and notify the User of when it
expects to carry out the Re-Energisation Works;
10.19.2 the Company shall carry out all necessary Re-energisation
Works at its own cost and shall then reclaim such costs
from the previous supplier; and
10.19.3 the Company shall notify the User as soon as the
Re-energisation Works are complete and the User shall,
within 2 Working Days of receiving such notification, send
a Registration Notice to the MPAS Operator instructing the
MPAS Operator to register the relevant Metering Point as
energised.
10.20 The Company shall notify Customers of and carry out System Outages
in accordance with its statutory rights and obligations and Good
Industry Practice.
10.21 The User shall be entitled to use the enquiry service established
by the Company pursuant to Condition 9A of its PES Licence as if
the User were a Customer.
31
11. COMPLIANCE WITH THE DISTRIBUTION CODE
11.1 The parties undertake to comply with the Distribution Code.
11.2 In the event of any conflict between this Agreement and the Distribution
Code the Distribution Code shall prevail.
11A. COMPLIANCE WITH THE METER OPERATOR CODE OF PRACTICE
11A.1 The parties undertake to comply with the Meter Operator Code of Practice.
11A.2 The User shall procure that the Meter Operator, Data Collector and Data
Aggregator appointed for each Metering Point supplied shall (where
relevant) comply with the Meter Operator Code of Practice.
11A.3 In the event of any conflict between this Agreement and the Meter
Operator Code of Practice this Agreement shall prevail.
11B. COMPLIANCE WITH THE RADIO TELESWITCH AGREEMENT
11B.1 The parties undertake to comply with the Radio Teleswitch Agreement
11B.2 In the event of any conflict between this Agreement and the Radio
Teleswitch Agreement this Agreement shall prevail.
12.METERING DATA AND METERING EQUIPMENT
12.1 Subject to Clause 12.9, the User shall at its own cost install and
maintain or procure the installation and maintenance of metering
equipment at or as close as reasonably practicable to each Exit
Point when the User is registered under the Master Registration
Agreement or in ERS in respect of the relevant Metering Point.
Such metering equipment shall be capable of providing the
relevant metering data required by the Company for the
calculation of Use of System Charges and such metering equipment
shall comply with the requirements as indicated in Schedule 8 in
the column headed "Metering Functionality" and those specified in
Code of Practice 4 and Schedule 7 of the Act and the Company
shall not be obliged to transport a supply of electricity through
the relevant Exit Point unless and until the necessary metering
equipment has been installed. The User shall procure that the
metering equipment installed and maintained pursuant to this
Clause 12.1 shall be capable of operating within the accuracy
limits specified in Part 1 of Schedule 9.
12.2 The User shall provide the Company with such data from metering
equipment installed and maintained pursuant to Clause 12.1 and
from any Equivalent Meter operated under the Unmetered Supplies
Procedure as the Company may reasonably require for:
12.2.1 the calculation of Use of System Charges; and
12.2.2 the operation and planning of the Distribution System.
The User shall collect and provide data to the Company in accordance
with this Clause 12.2 in accordance with the requirements set out in
Schedule 8 in the columns headed "Meter Reading Frequency" and "Time
for Provision of Data to the Distributor".
32
12.3 The User shall not and shall procure that no Relevant Exempt Supplier
will change or modify the type of metering equipment installed
and maintained pursuant to Clause 12.1 except in accordance with
Clause 12.1.
12.4 The User shall procure that the Meter Operator, Data Collector
and Data Aggregator appointed for each Metering Point supplied in
relation to which the supply of electricity is measured by
Non-Half Hourly Metering Equipment (as defined in Part I of the
Settlement Agreement) for the purposes of Settlement, shall
provide the Company with any data required to be provided to the
Distribution Business by the person appointed in that capacity
under, as appropriate, the Meter Operation Services Agreement,
Data Collection Services Agreement or Data Aggregation Services
Agreement in accordance with the timescales specified in such
agreements.
12.5 The Company shall be entitled to inspect, test and if necessary
require the User to correct any metering equipment installed and
maintained pursuant to Clause 12.1. The User shall use its
reasonable endeavours including the inclusion of appropriate
terms in its Supply Contract, to procure that the employees,
agents, sub-contractors and invitees of the Company shall at all
reasonable times have safe and unobstructed access to such
metering equipment. Where the Company exercises its right under
this Clause 12.5 the provisions set out in paragraph 2 of
Schedule 9 shall apply.
12.6 The Company shall be entitled to install Operational Metering
Equipment at or as close as reasonably practicable to any Exit
Point in addition to any metering equipment installed and
maintained pursuant to Clause 12.1 to collect data for the
operation and planning of the Distribution System, but if it
exercises this right it shall make no additional charge to the
User in respect of such Operational Metering Equipment and shall
not except in the case of the failure of metering equipment
installed and maintained pursuant to Clause 12.1 use data from
the Operational Metering Equipment for the calculation of Use of
System Charges. For the avoidance of doubt, the Operational
Metering Equipment need not be certified under paragraph 5 of
Schedule 7 of the Act.
12.7 Where the Company installs Operational Metering Equipment in
accordance with Clause 12.6:
12.7.1 the User shall and shall procure that any Relevant Exempt
Supplier will ensure that the employees, agents and invitees of
the User or Relevant Exempt Supplier (as the case may be) will
not interfere with such equipment or the immediate connections to
such equipment without the prior written consent of the Company,
except to the extent that emergency action has to be taken to
protect the health and safety of persons or to prevent serious
damage to property proximate to the Operational Metering
Equipment; and
12.7.2 the User shall and shall procure that any Relevant Exempt
Supplier will use its reasonable endeavours including the
inclusion of appropriate terms in its Supply Contract, to procure
that the employees, agents, sub-contractors and invitees of the
Company shall at all reasonable times have safe and unobstructed
access to the Operational Metering Equipment. The Company agrees
to procure that any individuals to whom access is given pursuant
to this Clause 12.7.2 shall comply with all reasonable directions
given by the User or the relevant Customer and its appropriately
authorised employees and agents as to general safety and site
security arrangements.
33
12.8 In relation to any Unmetered Supply under an Unmetered Supplies
Certificate, the User and the Company shall comply with the
Unmetered Supplies Procedure and in particular the Company shall
from time to time calculate and forward to the Data Collector the
Estimated Annual Consumption of a Customer's Installation which
is not subject to Half-Hourly Trading as defined by the Unmetered
Supplies Procedure. The User may supply electricity to the whole
(but not a part only) of a Customer's Installation in respect of
which an Unmetered Supplies Certificate has been issued by the
Company.
12.9 The provisions of Clauses 12.1, 12.3, 12.4 and 12.5 shall not
apply in relation to an Unmetered Supply which the User is
permitted to supply under this Agreement. For the avoidance of
doubt, when at any time the User ceases to be permitted to supply
electricity on the basis that the supply of electricity is an
Unmetered Supply, the User shall immediately become bound by all
the provisions of this Clause 12 (other than those relating only
to an Unmetered Supply).
13. PROVISION OF INFORMATION
13.1 Except for the renewal of an existing Supply Contract entered into
after 31 August 1998, as soon as reasonably practicable following
either:
(i) where a Notice of Objection (for the purposes of this Clause
13 as defined in the Master Registration Agreement) is not
received in relation to the User's Application for
Registration (for the purposes of this Clause 13 as defined in
the Master Registration Agreement) in respect of the relevant
Metering Point, the expiry of the Objection Raising Period
(for the purposes of this Clause 13 as defined in the Master
Registration Agreement); or
(ii) where a Notice of Objection is received in relation to the
User's Application for Registration, the withdrawal of the
Notice of Objection in relation to the User's Application for
Registration,
the User shall provide the following information to the Company in
respect of any Exit Point through which the relevant supply is to be
delivered :
13.1.1 the relevant Supply Number core data (as defined in the Master
Registration Agreement);
13.1.2 the relevant Customer's name;
13.1.3 the Metering Point Address relating to each Supply Number; and
13.1.4 the Customer's Maximum Power Requirement if:
(A) the Customer is not a Domestic Customer (as defined in the PES
Licence);
(B) the Customer has a Maximum Power Requirement not less than 20 kVA
; and (C) the Customer is a new owner or occupier of the site.
34
13.2 Except for the renewal of an existing Supply Contract entered into
after 31 August 1998, as soon as reasonably practicable following
either:
(i) where a Notice of Objection is not received in relation to the
User's Application for Registration in respect of the relevant
Metering Point, the expiry of the Objection Raising Period; or
(ii) where a Notice of Objection is received in relation to the
User's Application for Registration, the withdrawal of the
Notice of Objection in relation to the User's Application for
Registration,
the User shall use reasonable endeavours to provide the following
information to the Company in respect of any Exit Point through which
the relevant supply is to be delivered:
13.2.1 the contact name for the Customer if different from the
Customer's name; and
13.2.2 the Customer's postal address if different from the Metering
Point Address.
13.3 The User shall use reasonable endeavours to notify
the Company of any changes to the details set out in Clause 13.1
and Clause 13.2 as soon as reasonably practicable following that
change by reference to the Supply Number.
13.4 Where the User or its agent or any Relevant Exempt Supplier
receives a report or enquiry from any person about any matter or
incident that does or is likely to:
13.4.1 cause danger or require urgent attention in relation
to the supply or distribution of electricity in the
Company's authorised area (as defined in the PES
Licence) through the Distribution System; or
13.4.2 affect the maintenance of the security, availability and
quality of service of the Distribution System, the User shall
notify the Company of such report or enquiry in a prompt and
appropriate manner having regard to the nature of the incident to
which the report relates. The User shall notify the Company by
telephone or post using the telephone number and postal address
identified in the Security and Safety of Supplies Statement or
such other telephone number as may from time to time be notified
in writing by the Company. For the avoidance of doubt, if the
User does not discharge its obligation under Condition 15 of the
Second Tier Supply Licence by providing to customers the address
and telephone number of the Company's enquiry service established
pursuant to Condition 9A of the PES Licence, the User shall
notify the Company of reports received from customers in
accordance with this Clause 13.4.
13.5 The User shall, with the consent of any Customer who may be
expected, by virtue of being of pensionable age or disabled or
chronically sick, to require advance notice of interruptions to
the supply of electricity, provide the Company with appropriate
details concerning that Customer and his requirement within 3
Working Days of receiving such requirements pursuant to its
obligations under Condition 30 of the Second Tier Supply Licence.
35
13.6 The User shall, with the consent of any Customer who has agreed a
password with the User or any Relevant Exempt Supplier for access to
the Customer's premises, provide the Company with appropriate details
concerning that Customer and his password within 2 Working Days of
notification of such password by the Customer.
13.7 The User shall use reasonable endeavours to ensure that all the facts,
information and other details provided pursuant to Clause 13.5 and 13.6
shall throughout the duration of this Agreement remain true, accurate
and complete in all respects.
14. DEMAND CONTROL
14.1 The parties undertake to comply with Schedule 11.
15. REVENUE PROTECTION
15.1 The Company shall provide a revenue protection service in accordance
with the provisions of the Revenue Protection Code of Practice.
15.2 The User shall comply with its obligations under the Revenue Protection
Code of Practice.
16. GUARANTEED PERFORMANCE STANDARDS
16.1 To the extent that, due to an act or omission on the part of the
Distribution Business of the Company, compensation pursuant to the ESPR
would be payable to the Customer by the Company if such Customer were a
Tariff Customer of the Company then the Company shall make an
equivalent compensation payment to the User for the benefit of the
Customer in accordance with the provisions of this Clause 16.
16.2 To the extent that, due to circumstances other than those described in
Clause 16.1, compensation pursuant to the ESPR would be payable to the Customer
by the Company if such Customer were a Tariff Customer of the Company then the
Company shall not be liable to make any payment to the User for the benefit of
the Customer.
16.3 In the circumstances described in Clause 16.1, the Company
will comply with the terms and procedures of the ESPR as if the Customer were a
Tariff Customer provided that:
16.3.1 the User shall be deemed to be a "person having apparent authority
to represent the customer" for the purposes of ESPR regulation 2(4)(d)
if the Customer independently contacts the User in relation to a
matter which forms the basis of the Customer's claim under the ESPR;
and
16.3.2 where the ESPR require the Company to "pay to the customer the
Prescribed Sum" the Company shall pay the User the Prescribed Sum for
the benefit of the Customer and the User shall pass the payment on to
the Customer as soon as reasonably practicable by [method of payment
].
16.4 If the Customer contacts the User in relation to a matter which might
form the basis of a claim under the ESPR then the User shall
diligently record the details of the Customer's complaint and shall
not agree or imply that the Customer's complaint is valid unless the
36
matter is one which would be governed by Clause 16.2. If the matter is
one which in the User's reasonable opinion will be governed by Clause
16.1 then the User shall pass on the details of the Customer's
complaint to the Company as soon as reasonably practicable together
with details of the Customer's name and address. In such circumstances
the Prescribed Period will relate to the time at which the Customer or
the User on behalf of the Customer contacts the Company and the time
at which the Customer contacts the User will not be relevant to the
calculation of the Prescribed Period.
16.5 If the Customer contacts the Company in relation to a matter which might
form the basis of a claim under the ESPR then the Company shall diligently
record the details of the Customer's complaint and shall not agree or imply that
the Customer's complaint is valid unless the matter is one which would be
governed by Clause 16.1. If the matter is one which in the Company's reasonable
opinion will be governed by Clause 16.2 then the Company shall tell the Customer
to contact the User direct. In such circumstances the Prescribed Period will
relate to the time at which the Customer contacts the User and the time at which
the Customer contacts the Company will not be relevant to the calculation of the
Prescribed Period.
16.6 When the User has received a payment from the Company
pursuant to Clause 16.3.2 then the User shall pass such payment to the Customer
as soon as reasonably practicable and if, due to the User's delay, an additional
payment becomes due pursuant to ESPR regulation 14 then this additional payment
shall be the liability of the User.
16.7 Neither party shall lead a Customer to
believe that he has a valid claim for a guaranteed standard payment by reason of
the action or default of the other party. Where however a Customer does have a
valid claim, a breach of the provisions of this Clause 16.7 shall not excuse the
party against whom the claim lies from making the relevant payment.
16.8 In the event of a dispute between the Company and the User as to which
party is liable to pay compensation pursuant to Clause 16.1 or 16.2
then in the first instance the Company shall make the compensation
payment for the benefit of the Customer and then the dispute shall be
referred to the Director and shall be deemed to be a dispute which may
be referred to the Director by either party in accordance with section
39 of the Act and ESPR regulation 13. The rules on "Presumptions and
evidence" contained in ESPR regulation 16 and all other relevant
provisions of the ESPR shall be deemed to apply to any such dispute.
The Company shall, as soon as reasonably practicable after the end of
each Quarter, provide the User with a report in accordance with
Schedule 13.
17.VARIATIONS
17.1The parties acknowledge and agree the desirability of achieving and
maintaining consistency and the absence of conflict between the
provisions of this Agreement and each of the Relevant Instruments.
However, the parties recognise that, due principally to the different
functions and objectives of this Agreement and of the Relevant
Instruments, the fact that not every Relevant Instrument binds both the
Company and the User, and the different procedures for the variation of
this Agreement and of the Relevant Instruments, it will not in all
circumstances be possible to avoid inconsistency or conflict.
37
17.2 The parties acknowledge that the Settlement Agreement may be amended from
time to time in a manner which is likely to change the User's requirements for
the provision of Use of Distribution System. Whenever such a change occurs the
User may serve upon the Company a notice setting out the change to the
Settlement Agreement and the consequent amendments to the Agreement which it
believes are required. Upon receipt of such notice by the Company, the parties
shall negotiate in good faith the terms of any amendments. If amendments to the
Agreement have not been agreed and put into place within 14 days after the User
serves its notice proposing changes, either party shall be entitled to refer the
matter to the Director, pursuant to Condition 11F of the PES Licence.
17.3 The Company may propose amendments to this Agreement to the extent
necessary to ensure that any change to, or the coming into force of, any
Relevant Instrument does not materially affect the Company's ability to
perform, or the cost to it of performing, any of its obligations under this
Agreement. Any such proposal shall be in writing and shall specify:
17.3.1 the Relevant Instrument concerned;
17.3.2 where relevant, the nature of the change to such Relevant Instrument
relied on by the Company;
17.3.3 the proposed amendments to the Agreement;
17.3.4 the reasons why the Company considers the proposed amendments to be
within the scope of this Clause 17.3;
17.3.5 that similar amendments shall be proposed by the Company in respect
of ach subsisting agreement which it has entered into in its
Authorised Area for the provision of Use of Distribution System
services and which is similarly affected; and
17.3.6 that, so far as the Company is reasonably able, taking account of
all relevant factors, the amendments will result in the lowest
practicable increase in the charges payable for the Use of
Distribution System services having regard to the other options
available.
17.4 Unless the User serves a counter-notice within 28 days of
receipt of such proposal, such proposed amendment to the Agreement
shall take effect upon the expiry of such 28 day period. Where the
User serves a counter-notice, both parties shall negotiate in good
faith the terms of any such variation, but if a variation to the
Agreement has not been agreed and put into effect within 28 days after
it has been proposed by the Company, either party shall be entitled to
refer the matter to the Director pursuant to Condition 8D of the PES
Licence.
17.5 For the avoidance of doubt, nothing in this Agreement shall oblige either
party to act at any time in a manner contrary to any existing, new or
changed Relevant Instrument.
38
17.6 Without prejudice to Clause 17.2 and 17.3, either party shall at any
time be entitled to propose amendments to this Agreement by notice in
writing to the other party. The parties shall negotiate in good faith
the terms of any such variation, but if a variation to this Agreement
has not been agreed and put into effect within 28 days after it has
been proposed, either party shall be entitled to refer the matter to
the Director, pursuant to Condition 8D of the PES Licence.
17.7 The parties shall give effect to any determination made by the Director
pursuant to Condition 8D of the PES Licence in relation to this Agreement.
If the Director determines that amendments to the Agreement are required,
the Company shall make such amendments as have been specified by him. 17.8
Except where this Agreement provides to the contrary, no amendment to this
Agreement shall be effectiv unless in writing signed by both parties.
18. TERMINATION
18.1 The User may terminate this Agreement by giving the Company 3 months'
notice in writing (or such lesser period as may be agreed between the
parties).
18.2 The Company may terminate this Agreement by giving the User 3 months'
notice in writing (or such lesser period as may be agreed between the
parties) save that the Company shall not be entitled to terminate pursuant
to this Clause 18.2 for so long as it is required to offer terms for Use of
Distribution System to the User pursuant to the PES Licence.
18.3 The Company may terminate this Agreement with immediate effect by notice to
the User on or at any time if the User shall fail to pay (other than by
inadvertent error in funds transmission which is discovered by the Company,
notified to the User and corrected within two Working Days thereafter) any
amount properly due or owing from it pursuant to the terms of this
Agreement and such default is unremedied at the expiry of the period of 7
Working Days immediately following receipt by the User of written notice
from the Company of such non-payment.
18.4 A party (the "Initiating Party") may terminate this Agreement with
immediate effect by notice to the other party (the "Breaching Party") on or
at any time after the occurrence of any of the following events:
18.4.1 the Breaching Party being in material breach of any of the material
terms or conditions of this Agreement and, if the breach is or was
capable of remedy, having failed to remedy the breach within 30 days
of receipt of a notice from the Initiating Party giving full details
of the breach, requiring the Breaching Party to remedy the breach and
stating that a failure to remedy the breach may give rise to
termination under this Clause 18.4.1;
18.4.2 the Breaching Party passing a resolution for its winding-up, or a
court of competent jurisdiction making an order for the winding-up or
dissolution of the Breaching Party;
39
18.4.3 the making of an administration order in relation to the Breaching
Party or the appointment of a receiver or an administrative receiver
over, or an encumbrancer taking possession of or selling, the whole or
any substantial part or parts of the Breaching Party's assets, rights,
or revenues;
18.4.4 the Breaching Party making an arrangement or composition with its
creditors generally or making an application to a court for protection
from its creditors generally;
18.4.5 the Breaching Party being unable to pay its debts within the meaning
of Section 123 of the Insolvency Xxx 0000, but as if in that Section
the sum of (pound)10,000 was substituted for the sum of (pound)750;
18.4.6 without prejudice to Clause 19 a circumstance of Force Majeure which
affects the performance by the Breaching Party of substantially all of
its obligations under this Agreement continuing for more than 180
days;
18.4.7 the Breaching Party ceasing to carry on its business comprising (in
the case of the User) the supply of electricity or (in the case of the
Company) the distribution of electricity, unless:
(A) such cessation is intended to be and is temporary and is caused
by a circumstance of Force Majeure; or
(B) (for the avoidance of doubt) such cessation involves solely the
assignment of rights and/or the sub-contracting or delegation of
obligations in accordance with the provisions of Clause 26; or
18.4.8 any of the conditions precedent set out in Clause 2.1 ceasing to be
satisfied in relation to the Breaching Party and, if the situation is
or was capable of remedy, the Breaching Party having failed to remedy
the situation within 30 days of receipt of a notice from the
Initiating Party giving full details of the condition(s) precedent
that has ceased to be fulfilled, requiring the Breaching Party to
remedy the situation and stating that a failure to remedy the
situation may give rise to termination under this Clause 18.4.8.
18.5Except where expressly stated to the contrary, the rights and
obligations of the parties under this Agreement shall cease
immediately upon termination of this Agreement. However, termination
shall not affect any rights and obligations which have accrued on or
before the date of termination.
18.6 Clauses 1, 3.3, 6.5, 6.7, 7-10 (inclusive), 18, 20-22 (inclusive) and
24-26 (inclusive) shall survive the termination, for whatever reason,
of this Agreement.
18.7 Upon termination of this Agreement the User shall pay to the Company
the termination fee set out in Schedule 4 (if any) and where this
Agreement is terminated by the Company under Clause 18.3 or 18.4, any
reasonable costs incurred by the Company as a result of termination.
40
19. FORCE MAJEURE
19.1 If either party (the "Affected Party") shall be unable to carry out any
of its obligations under this Agreement due to any circumstance of
Force Majeure this Agreement shall remain in effect but save as
otherwise provided in this Agreement both parties' obligations shall
be suspended without liability for the period during which the
circumstance of Force Majeure prevails provided that:
19.1.1 the Affected Party gives the other party prompt notice
describing the circumstance of Force Majeure, including the
nature of the occurrence and its expected duration and, where
reasonably practicable, continues to furnish regular reports
with respect thereto during the period of Force Majeure;
19.1.2 the suspension of performance is of no greater scope and of no
longer duration than is required by the circumstance of Force
Majeure; 19.1.3 no obligations of either party that arose before
the circumstance of Force Majeure causing the suspension of
performance are excused as a result of the Force Majeure; 19.1.4
the Affected Party uses all reasonable efforts to mitigate the
impact of the circumstances of Force Majeure and to remedy its
inability to perform as quickly as possible; and 19.1.5
immediately after the end of the circumstances of Force Majeure
the Affected Party notifies the other party in writing of the
same and each party resumes performance of its obligations under
this Agreement.
20. CONFIDENTIALITY RESTRICTIONS ON THE COMPANY
20.1In this Clause 20 "Confidential Information" means any information which
the Company or any Affiliate or Related Undertaking of the Company
either:
20.1.1 receives from the User property under this Agreement; or
20.1.2 holds in respect of a Customer supplied by the User which
information it has previously acquired in its capacity as the
operator of the Distribution Business; or
20.1.3 receives from any Customer, which, if received from the User,
would fall within Clause 20.1.1; or
20.1.4 received from the Supplier in error, but which would usually be
considered to be confidential,
and the provisions of this Clause 20 shall apply to such Confidential
Information, save where the User notifies or otherwise gives
prior written agreement to the Company that such Confidential
Information need not be treated as confidential.
20.2 Where the Company or any Affiliate or Related Undertaking of the
Company receives or acquires Confidential Information the Company
shall (and shall procure that such Affiliate or Related Undertaking
shall):
41
20.2.1 not use the Confidential Information for any purpose other than
as required or expressly permitted under this Agreement or any
other agreement entered into between the Company and the User for
the provision of services by the Distribution Business of the
Company;
20.2.2 without prejudice to Clause 20.2.1, not use the Confidential
Information in a manner which may obtain for the Company or any
Affiliate or Related Undertaking of the Company (as the case may
be) any commercial advantage in the operation of the Supply
Business or of the Second Tier Supply Business except, in
relation to the information falling within Clause 20.1.2 where
the Company supplied electricity to the relevant Customer at the
time the information was acquired by the Company;
20.2.3 not authorise access to nor disclose any Confidential
Information other than:
(A) to such of the employees of the Company or any Affiliate or
Related Undertaking of the Company as require to be informed
thereof for the effective performance of the Company's
obligations under this Agreement or any other agreement
entered into between the Company and the User for the
provision of services by the Distribution Business of the
Company or for the effective operation of the Distribution
Business;
(B) to such agents, consultants, professional or other advisors
and contractors as require to be informed thereof or to
provide advice which is in connection with the operation of
the Distribution Business;
(C) to the Director; or
(D) information which the Company or any Affiliate or Related
Undertaking of the Company (as the case may be) is required
or permitted to make disclosure of:
(1) in compliance with the duties of the Company or any
Affiliate or Related Undertaking of the Company (as the
case may be) under the Act or any other requirement of
a Competent Authority;
(2) in compliance with the provisions of any Relevant
Instruments;
(3) in compliance with any other requirement of law;
(4) in response to a requirement of any Stock Exchange or
the Panel on Takeovers and Mergers or any other
regulatory authority (whether or not similar to those
bodies); or
(5) pursuant to the arbitration rules of the Electricity
Arbitration Association or pursuant to any judicial or
other arbitral process or tribunal of competent
jurisdiction;
(E) in the case of information falling within Clause 20.1.2 to the
person who supplied electricity to the relevant Customer at the
time such information was acquired by the Company; and
42
20.2.4 take all reasonable steps to ensure that any such person as is
referred to in sub-Clauses 20.2.3(A), (B) and (C) above to whom
the Company or any Affiliate or Related Undertaking of the
Company (as the case may be) discloses Confidential Information
does not use that Confidential Information for any purpose other
than that for which it was provided and does not disclose that
Confidential Information otherwise than in accordance with the
provisions of this Clause 20.
20.3 The Company warrants that it has effected, and undertakes that it will
during the term of this Agreement effect and maintain, all such
registrations as it is required to effect and maintain under the Data
Protection Act to enable it lawfully to perform the obligations
imposed on it by this Agreement. The Company undertakes to comply with
the Data Protection Act in the performance of this Agreement.
20.4 The User agrees that where the Company uses or discloses Confidential
Information in accordance with this Clause 20 such Confidential
Information need not be treated as confidential for the purposes of
Condition 12 of the PES Licence to the extent of such use or
disclosure.
20.5 The Company undertakes that, in any case where information to be
disclosed by it under this Agreement may lawfully be disclosed only
with the prior consent of the person to whom the information relates,
it will use its reasonable endeavours to obtain such prior consent so
as to enable it, or the User as the case may be, promptly to perform
its obligations under this Agreement, provided that where the consent
of the Customer is required to be obtained for the purposes of this
Agreement, the User (and not the Company) shall have the obligation to
obtain such consent under Clause 21.6.
21. CONFIDENTIALITY RESTRICTIONS ON THE USER
21.1 In this Clause 21 "Confidential Information" means:
21.1.1 any information (whether in writing, in disc or electronic form
or otherwise) which has been properly disclosed by the Company
under this Agreement but which would usually be considered to be
confidential; and
21.1.2 any information which is marked as confidential or which is
provided together with a covering letter or fax indicating its
confidential nature,
and to the extent that any Affiliate or
Related Undertaking of the User is in possession of Confidential
Information the User shall procure that such Affiliate or Related
Undertaking observes the restrictions in sub-Clauses 21.2 to 21.4
inclusive as if in each sub-clause there was substituted for the
User the name of the Affiliate or Related Undertaking.
21.2 The User hereby undertakes to the Company that it will preserve the
confidentiality of, and not directly or indirectly reveal, report,
publish, disclose or transfer or use for its own purposes,
Confidential Information except:
21.2.1 in the circumstances set out in Clause 21.3;
43
21.2.2 to the extent otherwise required or expressly permitted by this
Agreement or any other agreement entered into between the Company and
the User for the provision of services by the Distribution Business of
the Company; or
21.2.3 with the prior consent in writing of the Company. The circumstances
set out in this Clause 21.3 are:
21.3.1 where the Confidential Information, before it is furnished to the
User, is in the public domain;
21.3.2 where the Confidential Information:
(A) is acquired by the User in circumstances in which this Clause 21
does not apply;
(B) is acquired by the User in circumstances in which this Clause 21
does apply and thereafter ceases to be subject to the
restrictions imposed by this Clause 21; or
(C) (after it is furnished to the User) enters the public domain;
otherwise (in any such case) than as a result of (i) a breach
by the User of its obligations in this Clause 21 or (ii) a
breach by the person who disclosed that Confidential
Information of that person's confidentiality obligation and
the User is aware of such breach;
21.3.3 if the User is required or permitted to make disclosure of the
Confidential Information to any person:
(A) in compliance with the duties of the User under the Act or
any other requirement of a Competent Authority;
(B) in compliance with the provisions of any Relevant
Instrument;
(C) in compliance with any other law or regulation; (D) in
response to a requirement of any Stock Exchange or the Panel
on Takeovers and Mergers or any other regulatory authority
(whether or not similar to those bodies); or
(E) pursuant to the rules of the Electricity Arbitration
Association or pursuant to any judicial or arbitral process
or tribunal of competent jurisdiction;
21.3.4 to any Affiliate or Related Undertaking of the User, to the
employees, directors, agents, consultants and professional advisers of
the User or any Affiliate or Related Undertaking of the User, and to
any Relevant Exempt Supplier in each case on the basis set out in
Clause 21.4; or
21.3.5 to the extent the Confidential Information is required to be
disclosed by the User for the purposes of providing billing
information to Customers.
21.4 The User shall take all reasonable steps to ensure that any such person as
is referred to in Clause 21.3.4 to whom the User discloses confidential
information does not use that confidential information for any purpose
other than that for which it is provided and does not disclose that
confidential information otherwise than in accordance with this Clause 21.
44
21.5 The User warrants that it has effected, and undertakes that it will during
the term of this Agreement effect and maintain, all such registrations as it is
required to effect and maintain under the Data Protection Act to enable it
lawfully to perform the obligations imposed on it by this Agreement. The User
undertakes to comply with the Data Protection Act in the performance of this
Agreement.
21.6 The User undertakes that, in any case where information to be
disclosed under this Agreement may lawfully be disclosed only with the prior
consent of the person to whom the information relates, it will use its
reasonable endeavours to obtain (where appropriate, through its Supply
Contracts) such prior consent so as to enable it, or the Company as the case may
be, promptly to perform its obligations under this Agreement.
22. DISPUTES
22.1Save where expressly stated in this Agreement to the contrary, and subject
to any contrary provisions of the Act, any licence issued pursuant to
the Act or the Regulations (or any other regulations made under Section
29 of the Act), or the rights, powers, duties and obligations of the
Director or the Secretary of State under the Act, any such licence or
otherwise howsoever, any dispute or difference of whatever nature
howsoever arising under out of or in connection with this Agreement
between the parties shall be and is hereby referred to arbitration
pursuant to the arbitration rules of the Electricity Arbitration
Association in force from time to time.
22.2 Whatever the nationality, residence, or domicile of either party and
wherever the dispute or difference or any part thereof arose, the law of England
shall be the proper law of any reference to arbitration hereunder and in
particular (but not so as to derogate from the generality of the foregoing) the
seat of any such arbitration shall be England or Wales and the provisions of the
Arbitration Xxx 0000 shall apply to any such arbitration wherever the same or
any part of it shall be conducted.
22.3 Subject always to Clause 22.5, if any
consumer of electricity (the "consumer") brings any legal proceedings in any
court against any party (the "defendant party") and the defendant party wishes
to make a third party claim (as defined in Clause 22.4) against the other party
which would but for this Clause 22.3 have been a dispute or difference referred
to arbitration by virtue of Clause 22.1 then, notwithstanding the provisions of
Clause 22.1 which shall not apply and in lieu of arbitration the court in which
the legal proceedings have been commenced shall hear and completely determine
and adjudicate upon the legal proceedings and the third party claim not only
between the consumer and the defendant party but also between either or both of
them and the other party whether by way of third party proceedings or otherwise
as may be ordered by the court.
22.4 For the purpose of this Clause 22 "third party claim" shall mean:
22.4.1 any claim by a defendant party against the other party (whether or
not already a party to the legal proceedings) for any contribution or
indemnity; or
45
22.4.2 any claim by a defendant party against the other party for any
relief or remedy relating to or connected with the subject matter of
the legal proceedings and substantially the same as some relief or
remedy claimed by the consumer; or
22.4.3 any requirement by a defendant party that any question or issue
relating to or connected with the subject matter of the legal
proceedings should be determined not only as between the consumer and
the defendant party but also as between either or both of them and the
other party (whether or not already a party to the legal proceedings).
22.5 Clause 22.3 shall apply only if at the time the legal proceedings are
commenced no arbitration has been commenced between the defendant
party and the other party raising or involving the same or
substantially the same issues as would be raised by or involved in the
third party claim. The tribunal in any arbitration which has been
commenced prior to the commencement of legal proceedings shall
determine the question, in the event of dispute, whether the issues
raised or involved are the same or substantially the same.
23. RESTRICTIVE TRADE PRACTICES ACT
23.1 To the extent that any provision of this Agreement or of any arrangement
of which it forms part constitutes a restriction or information
provision within the meaning of the Restrictive Trade Practices Act
1976 (the "RTPA") so as to render this Agreement or arrangement (as the
case may be) registrable under the RTPA, no such restriction or
information provision shall take effect until the earlier of:
23.1.1 the day after particulars of this Agreement or that arrangement have
been furnished to the Director General of Fair Trading in accordance
with the RTPA; or
23.1.2 the day after the Secretary of State for Trade and Industry has
granted an exemption pursuant to Section 100 of the Act in respect of
this Agreement or that arrangement. MISCELLANEOUS
24.1 Entire Agreement
24.1.1 This Agreement and any document referred to herein represents the
entire understanding, and constitutes the whole agreement, in relation
to its subject matter and supersedes any previous agreement between
the parties with respect thereto and without prejudice to the
generality of the foregoing excludes any warranty, condition or other
undertaking implied at law or by custom.
24.1.2 Each party confirms that, except as provided in this Agreement and
without prejudice to any liability for fraudulent misrepresentation,
no party has relied on any representation, warranty or undertaking
which is not contained in this Agreement or any document referred to
herein.
24.2 Severability
If any provision of this Agreement shall be held to be invalid or
unenforceable by a judgement or decision of any court of competent
46
jurisdiction or any authority (including the Director) whose decisions
shall be binding on the parties, the same shall be deemed severable and
the remainder of this Agreement shall remain valid and enforceable to
the fullest extent permitted by law. In any such case, the parties will
negotiate in good faith with a view to agreeing one or more provisions
which may be substituted for such invalid or unenforceable provision in
order to give effect, so far as practicable, to the spirit of this
Agreement.
24.3 Waivers
The failure by any party to exercise, or the delay by any party in
exercising any right, power, privilege or remedy provided under this
Agreement or the Distribution Code or by law shall not constitute a
waiver thereof nor any other right, power, privilege or remedy. No
single or partial exercise of any such right, power, privilege or
remedy shall preclude any future exercise thereof or the exercise of
any other right, power, privilege or remedy.
24.4 Data Transfer
24.4.1 Any notice, request or other communication shall be sent by the
means (if any) indicated in Schedule 10 and shall have the
content (if any) indicated in Schedule 10 and where Schedule 10
specifies a Data Transfer Catalogue reference number in relation
to any notice, request or other communication, such notice,
request or communication shall be sent in the format and with the
content described under such reference in the Data Transfer
Catalogue, as amended from time to time.
24.4.2 Where this Agreement requires any notice, request or other
communication to be sent via the Data Transfer Network, the
relevant message shall be addressed to the appropriate Market
Domain I.D. as follows:
(A) if to the Company, [insert appropriate M.D.I.D];
(B) if to the User, [insert appropriate M.D.I.D].
24.4.3 Where this Agreement requires any notice, request or other
communication to be sent via the Data Transfer Network, the party
sending the relevant message shall be responsible for ensuring
that it reaches the relevant Gateway within any time period laid
down in this Agreement for the provision of such notice, request
or communication (and any such message shall be deemed received
by the recipient at the point in time it is delivered to such
Gateway). Provided that the party sending a message shall have no
obligation to ensure receipt where the intended recipient has
failed, contrary to the Data Transfer Service Agreement, to
remove or process all messages delivered to its Gateway and to
ensure that such messages are made available to its internal
systems as expeditiously as possible so that the Gateway is able
to continue to process incoming and outgoing messages.
24.4.4 If the Data Transfer Network or any relevant part of such
network is at any time for any reason unavailable for the sending
of messages between the parties, then during the period of
unavailability:
47
(A) the parties shall use any means reasonable in the
circumstances to send any notice, request or other
communication that this Agreement would otherwise require to
be sent via the Data Transfer Network;
(B) where other means are used in accordance with Clause
24.4.4(A), the parties shall be relieved from any service
levels set out in this Agreement relating to any affected
notice, request or other communication (except to the extent
that this Agreement expressly provides for alternative
service levels in such circumstances) but shall use their
reasonable endeavours to send such notice, request or other
communication as soon as reasonably practicable; and
(C) to the extent that no such other means are practicable given
the nature of the communication and the surrounding
circumstances, such unavailability of the Data Transfer
Network shall be deemed (to the extent not caused by a
breach by either party of the Data Transfer Service
Agreement) to constitute a circumstance of Force Majeure for
the purposes of this Agreement.
24.4.5 Where either party, in breach of its obligations under Clause
24.4.3, fails to deliver any notice, request or other communication to
the recipient's Gateway and such failure occurs for reasons outside
that party's direct control, the breaching party shall have no
liability to the other under this Agreement in respect of that breach
and the parties shall rely instead upon the provisions of the Data
Transfer Service Agreement.
24.5 Notices
24.5.1 Save as provided in Clause 13.4, Clause 24.4 and Schedule 11, any
notice, request or other communication to be made by one party to the
other under or in connection with this Agreement shall be in writing
and shall be delivered personally or sent by first class post, courier
or fax to that other party (marked for the attention of Distribution
Support Services Manager as follows:
(A) if to the Company, to:
Address: 000 Xxxx Xxxxxx, Xxxxx Xxxx, Xxxxxxxxxxx, Xxxxxxx,
XX00 0XX Fax: 00000 000000
(B) if to the User, to:
Address:
Fax:
or to any such other persons, addresses or fax numbers as may
from time to time be notified by one party to the other.
24.5.2 Unless otherwise stated in this Agreement, a notice, request or
other communication sent in accordance with Clauses 13.4, 24.5.1 and
paragraph 11.1 of Schedule 11 shall be deemed received:
48
(A) if delivered personally when left at the address referred to
above;
(B) if sent by post 3 Working Days after the date of posting; and
(C) if sent by fax, upon production by the sender's equipment of a
transmission report indicating that the fax was sent to the fax
number of the recipient in full without error.
24.6 Millennium Compliance
NOTE: This issue is outstanding.
25. GOVERNING LAW
25.1 This Agreement is governed by, and shall be construed in accordance with
English law.
25.2 Each party agrees that without preventing any other mode of service, any
document in an action (including any writ of summons or other originating
process or any third or other party notice) may be served on any party by
being delivered to or left for that party at its address for service of
notices under Clause 24.5 and each party undertakes to maintain such an
address at all times in the United Kingdom and to notify the other party in
advance of any change from time to time of the details of such address in
the manner prescribed in Clause 24.5.
26. ASSIGNMENT AND SUB-CONTRACTING
26.1 Neither party shall assign any of its rights under this Agreement
without the prior written consent of the other party, such consent not
to be unreasonably withheld.
26.2 Either party may sub-contract or delegate the performance of all or any of
its obligations under this Agreement including activities envisaged by the
Distribution Code to any appropriately qualified and experienced third
party, but shall at all times remain liable to the other party in relation
to all sub-contracted or delegated obligations.
27. COUNTERPARTS
This Agreement may be executed in any number of counterparts each of
which when executed and delivered shall be an original, but all the
counterparts together shall constitute the same document.
IN WITNESS WHEREOF this Agreement has been executed the day and year first above
written.
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SCHEDULE 1
Cover
1.1 Provision of Cover
The User shall provide Cover from time to time in accordance with the
following provisions:
1.1.1 the User shall not later than the date of this Agreement or 13
days before Controlled Market Start-up in the Authorised Area
(whichever is later) deliver to the Company evidence
reasonably satisfactory to it that:
(i) it presently holds an Approved Credit Rating; or
(ii) it has provided and is not in default under the Cover
obligations referred to in paragraph 1.1.2 below;
1.1.2 If the User does not hold or ceases to hold an Approved Credit
Rating it shall, not later than the later of the date of this
Agreement or 13 days before Controlled Market Start-up in the
Authorised Area, or the date upon which it ceases to have an
Approved Credit Rating:
(A) deliver to the Company a Qualifying Guarantee in a form
agreed between the parties in such amount as shall be
notified by the Company to the User in accordance with
paragraph 2; or
(B) deliver to the Company a Letter of Credit (available
for an initial period of not less than 6 months) in
such amount as shall be notified by the Company to the
User in accordance with paragraph 2; and/or
(C) place such amounts in the Escrow Account as shall be
notified by the Company in accordance with paragraph 2.
1.2 Maintenance of Cover
Where the User is required to provide Cover in accordance with the
terms of paragraph 1.1, it shall at all times thereafter maintain an
Amount equal to or more than the Cover applicable to it. Immediately
upon any reduction occurring in the Amount provided by the User or any
Letter of Credit or Qualifying Guarantee being for any reason drawn
down or demanded respectively, the User will procure that new Letter of
Credit or Qualifying Guarantees are issued or cash is placed in the
Escrow Account in an amount required to restore the Amount to an amount
at least equal to the Cover applicable to the User, and in such
proportions of Letters of Credit, Qualifying Guarantees and/or cash as
the User may determine. Not later than 10 Working Days before any
outstanding Letter of Credit and/or Qualifying Guarantee is due to
expire, the User shall procure to the satisfaction of the Company that
its required Amount will be available for a further period of not less
than 6 months which may be done in one of the following ways:
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1.2.1 subject to the issuing bank continuing to have the credit
rating set out in the definition of Letter of Credit, provide
the Company with confirmation from the issuing bank that the
validity of the Letter of Credit has been extended for a
period of not less than 6 months on the same terms and
otherwise for such amount as is required by this Schedule 1;
or
1.2.2 provide the Company with a new Letter of Credit issued by an
issuing bank with an Approved Credit Rating for an amount at
least equal to the required Amount applicable to it (less its
balance on the Escrow Account) which Letter of Credit shall be
available for a period of not less than 6 months; or
1.2.3 subject to the entity issuing the Qualifying Guarantee
continuing to have an Approved Credit Rating provide the
Company with confirmation from the issuing entity that the
validity of the Qualifying Guarantee has been extended for a
period of not less than 6 months on the same terms and
otherwise for such amount as is required by this Schedule 1;
or
1.2.4 provide the Company with a new Qualifying Guarantee for an
amount at least equal to the required Amount applicable to it
(less its balance on the Escrow Account) which Qualifying
Guarantee shall be available for a period of not less than 6
months; or
1.2.5 place such amount in the Escrow Account of an amount as
shall ensure that the credit balance applicable to the User
and placed in the Escrow Account shall be at least equal to
the required Amount.
1.3 Failure to supply or maintain Cover
If the User fails at any time to provide or maintain
Cover to the satisfaction of the Company in accordance with
the provisions of this Schedule 1, the Company may at any
time while such default continues, and if at such time any
Letter of Credit and/or Qualifying Guarantee forming part of
the Cover is due to expire within nine Working Days
immediately, and without notice to the User, demand payment
of the entire amount of any outstanding Letter of Credit
and/or Qualifying Guarantee and shall place the proceeds of
the Letter of Credit and/or Qualifying Guarantee to the
Escrow Account.
1.4 Substitute Letter of Credit or Qualifying Guarantee
1.4.1 If the bank issuing the User's Letter of Credit ceases to have
the credit rating set out in the definition of Letter of
Credit such User shall forthwith procure the issue of a
substitute Letter of Credit by a bank that has such a credit
rating or a Qualifying Guarantee or place cash in the Escrow
Account.
1.4.2 If the entity providing the User's Qualifying Guarantee ceases
to have an Approved Credit Rating the User shall forthwith
procure a replacement Qualifying Guarantee from an entity with
such a credit rating or a Letter of Credit or place cash in
the Escrow Account.
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2. Credit Monitoring
2.1 Determination of Cover
The amount of Cover which the User shall be required to maintain shall
be determined from time to time by the Company in accordance with this
Schedule 1 on the basis of the criteria set out in paragraph 2.2, and
shall be notified to the User.
2.2 Criteria for the provision of Cover
If paragraph 1.1.2 applies, the amount of Cover required to be provided
by the User is the greater of an amount to be reasonably assessed by
the Company as the aggregate amount reasonably anticipated by the
Company as being payable by the User in respect of Use of System
Charges referred to in this Agreement over a 60 day period and
(pound)1,000.
2.3 Six Monthly Variation
In respect of paragraph 2.2, the Company shall calculate the amount for
the two six month periods commencing 1st April and 1st October in each
year and shall advise the User accordingly.
2.4 Increase or Decrease of Cover
If, after considering any representation which may be made by the User,
the Company reasonably determines that the User's Cover should be
increased or decreased, it shall so notify the User. If the Company so
determines that such Cover should be decreased and the User consents
then that reduction shall take place. The Company shall consent to an
appropriate reduction in the available amount of any outstanding
Qualifying Guarantee or Letter of Credit and/or shall subject to
paragraph 5.1 permit such part of the deposit held in the Escrow
Account to be released to the User as is sufficient to reduce the
User's Amount to the level of Cover applicable to it. If the Company so
determines that the User's Cover should be increased, the User shall,
within five Working Days of notice as aforesaid, procure an additional
or replacement Qualifying Guarantee or Letter of Credit or place cash
in the Escrow Account in an amount sufficient to increase its Amount so
as to be at least equal to the new level of Cover applicable to it.
2.5 Notification in respect of Cover
The Company shall notify the User promptly if:
2.5.1 the User fails to provide, maintain, extend or renew a
Qualifying Guarantee or a Letter of Credit which it is
required to provide, maintain, extend or renew pursuant to
paragraphs 1 or 2; or
2.5.2 the Company shall make a demand under any such Qualifying
Guarantee or a call under a Letter of Credit; or
2.5.3 the Company becomes aware that the User (a) shall cease to
have an Approved Credit Rating, or (b) shall be placed on
credit watch by the relevant credit rating agency (or becomes
subject to an equivalent procedure) which in any case casts
doubt on the User's retaining an Approved Credit Rating; or
52
2.5.4 the Company becomes aware that any bank that has issued a
Letter of Credit which has not expired shall cease to have the
credit rating required by this Schedule 1; or
2.5.5 the Company becomes aware that any entity providing a
Qualifying Guarantee which has not expired shall cease to have
an Approved Credit Rating.
Provided always that the failure by the Company to notify the User
pursuant to this paragraph 2.5 shall not relieve the User of its
obligations under and in accordance with the terms of this Schedule 1.
2.6 Release from Cover Obligations
Upon the termination of this Agreement and provided that all amounts
owed by the User in respect of the Use of System Charges and any
other amount owed by the User under the Agreement have been duly
and finally paid including interest, the User shall be released
from the obligation to maintain Cover and the Company shall
consent to the revocation of any outstanding Qualifying Guarantee
or Letter of Credit and the User shall be entitled to withdraw
the balance (including interest credited thereto) standing to the
credit of the User on the Escrow Account at that date.
3. Payment Default
If, by 12:30 hours on any Payment Date the Company has been notified by
the User or it otherwise has reason to believe that the User will not
have remitted to it by close of banking business on the Payment Date
all or any part ("the amount in default") of any amount which has been
notified by the Company to the User as being payable by the User by way
of the Use of System Charges on the relevant Payment Date or any other
amounts owing under this Agreement except for the disputed amount of a
Designated Dispute (as defined in Schedule 6), then the Company shall
be entitled to act in accordance with the following provisions (or
whichever of them shall apply) in the order in which they appear until
the Company is satisfied that the User has discharged its obligations
in respect of the Use of System Charges or such other amounts under
this Agreement which are payable in respect of the relevant account:
(a) the Company, to the extent that the User is entitled to
receive payment from the Company pursuant to this Agreement
(unless it reasonably believes that such set-off shall be
unlawful), shall be entitled to set off the amount of such
entitlement against the amount in default;
(b) the amount of funds then standing to the credit of the Escrow
Account to the extent that it represents Cover provided by the
User in accordance with paragraph 1.2.2 shall be released to
the Company and set-off against the amounts unpaid by the User
and for that purpose the Company shall be entitled to place
such funds in any account of the Company at its sole
discretion and shall notify the User accordingly;
(c) the Company may demand payment under any outstanding Letter of
Credit supplied by the User in a sum not exceeding the amount
of the Cover;
53
(d) the Company may demand payment under any outstanding
Qualifying Guarantee provided for the benefit of the User
pursuant to paragraph 1.2.3.
4. Utilisation of Funds
In addition to the provisions of paragraph 3 above, if the Company
serves a notice of termination under the terms of Clause 18 of the
Agreement then the Company shall be entitled to demand payment of any
of the Use of System Charges and any other amounts owing by the User
under the Agreement which are outstanding whether or not the Payment
Date in respect of them shall have passed and:
(i) to make demand under any outstanding Qualifying Guarantee or a
call under any outstanding Letter of Credit supplied by the
User; and
(ii) the funds in the Escrow Account to the extent that they
represent Cover provided by the User shall be released to the
Company and set-off against the Use of System Charges and any
other amount owing by the User under the Agreement unpaid by
the User and for that purpose the Company shall be entitled to
place any such amount released to it from the Escrow Account
to any account of the Company as it shall in its sole
discretion think fit.
5. User's Right to Withdraw Funds
5.1 If the User is not in default in respect of any amount owed to the
Company in respect of the Use of System Charges or any other amount
owing by the User under the Agreement, the Company shall permit the
release to such User within a reasonable time after such User's written
request therefor any amount of cash provided by the User by way of
Cover which exceeds the amount which such User is required to provide
in accordance with paragraph 1 of this Schedule 1.
5.2 Interest (at a rate to be agreed by the User with the Bank) on the
amount deposited in the Escrow Account shall accrue for the benefit of
the User and be compounded quarterly.
6. No Security
For the avoidance of doubt, nothing in this Schedule 1 will be
effective to create a charge or other security interest.
7. Disputes
The parties shall attempt to resolve in good faith any dispute in
relation to this Schedule 1. Where the dispute remains unresolved after
14 days either party may refer the dispute to the Director for
determination. Any determination by the Director shall be final and
binding
8. Definitions
In this Schedule 1, except where the context otherwise requires, the
following expressions shall have the meanings set opposite them:
"Amount" means the aggregate of available amounts of each
outstanding Letter of Credit and Qualifying Guarantee plus
54
the principal amount (if any) of cash that the User has
placed in the Escrow Account (and which has not be repaid to
the User or withdrawn by the Company in accordance with this
Schedule 1); for the purpose of this definition, in relation
to a Letter of Credit "available amount" means the face
amount thereof less (i) payments already
made thereunder and (ii) claims made thereunder but not yet
paid.
"Approved Credit Rating" means a short-term debt rating of not less
than the rating set out in Part [ ] of the Settlement Agreement
as amended from time to time.
Cover" means the aggregate amount for the time being which the User
shall be required by the Company to provide and maintain in
accordance with this Schedule 1.
"Escrow Account" a separately designated bank account in the name of
the User at such branch of Barclays Bank PLC or such branch of
any other bank, in the City of Bristol as the Company shall
specify (the "Bank") (on terms to be approved by the Company and
which provide, inter alia, that the funds held in the Escrow
Account may be released by the Bank to the Company in the
circumstances envisaged in paragraphs 3 and 4 of this Schedule 1
with the right to direct payments from the Escrow Account in
favour only of the Company until the events specified in
paragraph 2.6 have occurred) to which all deposits required to be
made by the User pursuant to Schedule 1 of this Agreement shall
be placed provided that such proceeds are not to be withdrawn by
the User save in accordance with the terms of this Schedule 1.
"Letter of Credit" means an unconditional irrevocable standby letter
of credit in such other form as the Company may reasonably
approve issued for the account of the User in sterling in favour
of the Company, allowing for partial drawings and providing for
the payment to the Company forthwith on demand by any United
Kingdom clearing bank or any other bank which in each case has a
long term debt rating of not less than single "A" by Standard and
Poor's Corporation or by Xxxxx'x Investors Services, or such
other bank as the Company may approve and which shall be
available for payment at a branch of the issuing bank.
55
"Payment Date" means the date for payment of any Initial Account,
Reconciliation Account or other account submitted to the User
pursuant to this Agreement.
"Qualifying Guarantee" means a guarantee in favour of the Company and
in such form as may be agreed between the Company and the User
and which is provided by an entity which holds an Approved Credit
Rating.
56
SCHEDULE 2
Mandatory Term for Supply Contract
I agree that, by entering into this contract with my supplier, I am also
entering into a Standard Connection Agreement (the terms of which my supplier
has made known to me) with my local network operator.
57
SCHEDULE 3
Use of System Charges
Please see following schedule.
58
Supercustomer DUoS Charges Look-Up Table
TABLE 1
-----------------------------------------------------------------------------------------------------------------------------------
LLF Valid Profile Meter Timeswitch LAF Standard Settlement Special General DUoS Tariff
010 1 500,501,801,802 LLC 393 Domestic 10
020 1 835,587 LLC 393 Key Meter Domestic 20
020 1 49,50,560,561 LLC 243 Key Meter Domestic 20
030 2 573,580,807,808 LLC 244 Economy 7 30
030 2 31,541 LLC 176 Economy 7 30
030 2 32,542 LLC 177 Economy 7 30
030 2 33,543 LLC 178 Economy 7 30
030 2 34,544 LLC 179 Economy 7 30
030 2 35,545 LLC 180 Economy 7 30
030 2 35,546 LLC 181 Economy 7 30
030 2 37,547 LLC 182 Economy 7 30
030 2 38,548 LLC 183 Economy 7 30
030 2 39,549 LLC 184 Economy 7 30
030 2 47,584 LLC 432 Economy 7 30
030 2 40,550 LLC 185 Economy 7 30
030 2 41,551 LLC 186 Economy 7 30
040 2 42,552 LLC 244 Key Meter Economy 7 40
050 2 536 LLC 128 Domestic Seasonal 50
050 2 54,58,566,570 LLC 436 Domestic Seasonal 50
051 2 537 LLC 342 Domestic Seasonal Contr
Night 51
060 2 557 LLC 334 3 Rate Heating 60
060 2 53,57,565,569 LLC 435 3 Rate Heating 60
061 2 558 LLC 343 3 Rate Heating Contr Night 61
070 2 558,576,820,821 LLC 261 Preserved White Meter 70
070 2 51,575 LLC 427 Preserved White Meter 70
59
LLF Valid Profile Meter Timeswitch LAF Standard Settlemen Special General DUoS Tariff
Class Class Code Type Configuration Conditions Description Code
----------------------------------------------------------------------------------------------------------------------------------
110 3 500,501,801,802 LLC 393 Small Non Domestic 110
120 3 835,587 LLC 393 Key Meter Small Non Dom 120
120 3 49,50,560,561 LLC 243 Key Meter Small Non Dom 120
130 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
140 3 835,587 LLC 393 Preserved Key Meter Small Non Dom. 120
140 3 49,50,560,561 LLC 243 Preserved Key Meter Small Non Dom. 120
210 4 573,580,807,808 LLC 244 Small Non Domestic E7 210
210 4 31,541 LLC 176 Small Non Domestic E7 210
210 4 32,542 LLC 177 Small Non Domestic E7 210
210 4 33,543 LLC 178 Small Non Domestic E7 210
210 4 34,544 LLC 179 Small Non Domestic E7 210
210 4 35,545 LLC 180 Small Non Domestic E7 210
210 4 36,546 LLC 181 Small Non Domestic E7 210
210 4 37,547 LLC 182 Small Non Domestic E7 210
210 4 38,548 LLC 183 Small Non Domestic E7 210
210 4 39,549 LLC 184 Small Non Domestic E7 210
210 4 47,584 LLC 432 Small Non Domestic E7 210
210 4 40,550 LLC 185 Small Non Domestic E7 210
210 4 41,551 LLC 186 Small Non Domestic E7 210
210 4 564,579,803,804 LLC 154 Small Non Domestic E7 210
220 4 42,552 LLC 244 Key Meter Small Non Dom E7 220
230 4 573,580,807,808 LLC 244 Preserved Small Non Domestic E7 210
230 4 31,541 LLC 176 Preserved Small Non Domestic E7 210
230 4 32,542 LLC 177 Preserved Small Non Domestic E7 210
230 4 33,543 LLC 178 Preserved Small Non Domestic E7 210
230 4 34,544 LLC 179 Preserved Small Non Domestic E7 210
60
LLF Valid Profile Meter Timeswitch LAF Standard Settlement Special General DUoS Tariff
Class Class Code Type Configuration Conditions Description Code
----------------------------------------------------------------------------------------------------------------------------------
230 4 35,545 LLC 180 Preserved Small Non Domestic E7 210
230 4 36,546 LLC 181 Preserved Small Non Domestic E7 210
230 4 37,547 LLC 182 Preserved Small Non Domestic E7 210
230 4 38,548 LLC 183 Preserved Small Non Domestic E7 210
230 4 39,549 LLC 184 Preserved Small Non Domestic E7 210
230 4 47,584 LLC 432 Preserved Small Non Domestic E7 210
230 4 40,550 LLC 185 Preserved Small Non Domestic E7 210
230 4 41,551 LLC 186 Preserved Small Non Domestic E7 210
230 4 564,579,803,804 LLC 154 Preserved Small Non Domestic E7 210
240 4 42,552 LLC 244 Preserved Key Meter Small Non Domestic E7 220
250 4 536 LLC 128 Non Domestic Seasonal 250
250 4 54,58,566,570 LLC 436 Non Domestic Seasonal 250
251 4 537 LLC 342 Non Domestic Seasonal Contr Xxx 000
000 0 536 LLC 128 Preserved Non Domestic Seasonal 250
260 4 54,58,566,570 LLC 436 Preserved Non Domestic Seasonal 250
261 4 537 LLC 342 Preserved Non Domestic Seasonal Contr Xxx 000
000 0 46,556 LLC 319 Preserved Day and Night Tariff 270
280 4 56,60,568,572 LLC 246 E7 Day & Night Tariff 280
280 4 562 LLC 344 E7 Day & Night Tariff 280
281 4 563 LLC 345 E7 D & N Tariff Contr Nght 281
310 3 500,501,801,802 LLC 393 Small Non Domestic 110
320 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
330 4 573,580,807,808 LLC 244 Small Non Domestic E7 210
330 4 31,541 LLC 176 Small Non Domestic E7 210
330 4 32,542 LLC 177 Small Non Domestic E7 210
330 4 33,543 LLC 178 Small Non Domestic E7 210
61
LLF Valid Profile Meter LAF Standard Settlement Special General DUoS Tariff
Class Class Timeswitch Code Type Configuration Conditions Description Cod210e
330 4 34,544 LLC 179 Small Non Domestic E7 210
330 4 35,545 LLC 180 Small Non Domestic E7 210
330 4 36,546 LLC 181 Small Non Domestic E7 210
330 4 37,547 LLC 182 Small Non Domestic E7 210
330 4 38,548 LLC 183 Small Non Domestic E7 210
330 4 39,549 LLC 184 Small Non Domestic E7 210
330 4 47,584 LLC 432 Small Non Domestic E7 210
330 4 40,550 LLC 185 Small Non Domestic E7 210
330 4 41,551 LLC 186 Small Non Domestic E7 210
330 4 564,579,803,804 LLC 154 Small Non Domestic E7 210
340 4 573,580,807,808 LLC 244 Small Non Domestic E7 210
340 4 31,541 LLC 176 Small Non Domestic E7 210
340 4 32,542 LLC 177 Small Non Domestic E7 210
340 4 33,543 LLC 178 Small Non Domestic E7 210
340 4 34,544 LLC 179 Small Non Domestic E7 210
340 4 35,545 LLC 180 Small Non Domestic E7 210
340 4 36,546 LLC 181 Small Non Domestic E7 210
340 4 37,547 LLC 182 Small Non Domestic E7 210
340 4 38,548 LLC 183 Small Non Domestic E7 210
340 4 39,549 LLC 184 Small Non Domestic E7 210
340 4 47,584 LLC 432 Small Non Domestic E7 210
340 4 40,550 LLC 185 Small Non Domestic E7 210
340 4 41,551 LLC 186 Small Non Domestic E7 210
340 4 564,579,803,804 LLC 154 Small Non Domestic E7 210
350 4 576,582,820,821 LLC 261 Preserved Small Non Domestic (8hr) 350
350 4 51,575 LLC 427 Preserved Small Non Domestic (8hr) 350
410 2 or 4 577,583,824,825 LLC 270 Preserved Off Peak Night only (8hrs) 410
62
LLF Valid Profile Meter AF Standard Settlement Special General DUoS Tariff
Class Class Timeswitch Code Type Configuration Conditions Description Cod210e
410 2 or 4 45,555 LLC 268 Preserved Off Peak Night only (8hrs) 410
410 2 or 4 44,554 LLC 265 Preserved Off Peak Night only (8hrs) 410
410 2 or 4 55,567 LLC 62 Preserved Off Peak Night only (8hrs) 410
415 2 or 4 577,583,824,825 LLC 270 Preserved Off Peak Night only (8hrs) 410
415 2 or 4 45,555 LLC 268 Preserved Off Peak Night only (8hrs) 410
415 2 or 4 44,554 LLC 265 Preserved Off Peak Night only (8hrs) 410
415 2 or 4 55,567 LLC 62 Preserved Off Peak Night only (8hrs) 410
420 2 or 4 21,530 LLC 73 Preserved Off Peak Bi 420
420 2 or 4 20,529 LLC 67 Preserved Off Peak Bi 420
425 2 or 4 21,530 LLC 73 Preserved Off Peak Bi 420
425 2 or 4 20,529 LLC 67 Preserved Off Peak Bi 420
430 2 or 4 574,581,818,819 LLC 251 Preserved Off Peak (7hrs) 430
430 2 or 4 573,580,807,808 LLC 447 Preserved Off Peak (7hrs) 430
430 2 or 4 43,553 LLC 252 Preserved Off Peak (7hrs) 430
430 2 or 4 48,585 LLC 148 Preserved Off Peak (7hrs) 430
430 2 or 4 52,586 LLC 312 Preserved Off Peak (7hrs) 430
435 2 or 4 574,581,818,819 LLC 251 Preserved Off Peak (7hrs) 430
435 2 or 4 43,553 LLC 252 Preserved Off Peak (7hrs) 430
435 2 or 4 48,585 LLC 148 Preserved Off Peak (7hrs) 430
435 2 or 4 52,586 LLC 312 Preserved Off Peak (7hrs) 430
435 2 or 4 74,599 LLC 447 Preserved Off Peak (7hrs) 430
435 2 or 4 63,588 LLC 448 Preserved Off Peak (7hrs) 430
435 2 or 4 64,589 LLC 449 Preserved Off Peak (7hrs) 430
435 2 or 4 65,590 LLC 450 Preserved Off Peak (7hrs) 430
435 2 or 4 66,591 LLC 451 Preserved Off Peak (7hrs) 430
63
LLF Valid Profile Meter LAF Standard Settlement Special General DUoS Tariff
Class Class Timeswitch Code Type Configuration Conditions Description Cod243010e
---------------------------------------------------------------------------------------------------------------------------
435 2 or 4 67,592 LLC 452 Preserved Off Peak (7 hrs) 430
435 2 or 4 68,593 LLC 453 Preserved Off Peak (7 hrs) 430
435 2 or 4 69,594 LLC 454 Preserved Off Peak (7 hrs) 430
435 2 or 4 70,595 LLC 455 Preserved Off Peak (7 hrs) 430
435 2 or 4 71,596 LLC 456 Preserved Off Peak (7 hrs) 430
435 2 or 4 72,597 LLC 459 Preserved Off Peak (7 hrs) 430
440 2 or 4 11,520 LLC 33 Preserved Off Peak A 440
440 2 or 4 12,521 LLC 34 Preserved Off Peak A 440
440 2 or 4 8,517 LLC 23 Preserved Off Peak A 440
440 2 or 4 16,525 LLC 41 Preserved Off Peak A 440
440 2 or 4 14,523 LLC 37 Preserved Off Peak A 440
440 2 or 4 13,522 LLC 36 Preserved Off Peak A 440
440 2 or 4 10,519 LLC 25 Preserved Off Peak A 440
440 2 or 4 19,528 LLC 44 Preserved Off Peak A 440
440 2 or 4 9,518 LLC 24 Preserved Off Peak A 440
440 2 or 4 5,514 LLC 20 Preserved Off Peak A 440
440 2 or 4 7,516 LLC 22 Preserved Off Peak A 440
440 2 or 4 2,511 LLC 17 Preserved Off Peak A 440
440 2 or 4 17,526 LLC 42 Preserved Off Peak A 440
440 2 or 4 3,512 LLC 18 Preserved Off Peak A 440
440 2 or 4 6,515 LLC 21 Preserved Off Peak A 440
440 2 or 4 1,510 LLC 16 Preserved Off Peak A 440
440 2 or 4 15,524 LLC 40 Preserved Off Peak A 440
440 2 or 4 18,527 LLC 43 Preserved Off Peak A 440
440 2 or 4 4,513 LLC 19 Preserved Off Peak A 440
64
LLF Valid Profile Meter Timeswitch LAF Standard Settlement Special General DUoS Tariff
Class Class Code Type Configuration Conditions Description Cod243010e
--------------------------------------------------------------------------------------------------------------------------------
440 2 or 4 62,578 LLC 346 Preserved Off Peak A 440
440 1 or 3 500,501,801,802 LLC 393 Preserved Off Peak A 440
445 2 or 4 11,520 LLC 33 Preserved Off Peak A 440
445 2 or 4 12,521 LLC 34 Preserved Off Peak A 440
445 2 or 4 8,517 LLC 23 Preserved Off Peak A 440
445 2 or 4 16,525 LLC 41 Preserved Off Peak A 440
445 2 or 4 14,523 LLC 37 Preserved Off Peak A 440
445 2 or 4 13,522 LLC 36 Preserved Off Peak A 440
445 2 or 4 10,519 LLC 25 Preserved Off Peak A 440
445 2 or 4 19,528 LLC 44 Preserved Off Peak A 440
445 2 or 4 9,518 LLC 24 Preserved Off Peak A 440
445 2 or 4 5,514 LLC 20 Preserved Off Peak A 440
445 2 or 4 7,516 LLC 22 Preserved Off Peak A 440
445 2 or 4 2,511 LLC 17 Preserved Off Peak A 440
445 2 or 4 17,526 LLC 42 Preserved Off Peak A 440
445 2 or 4 3,512 LLC 18 Preserved Off Peak A 440
445 2 or 4 6,515 LLC 21 Preserved Off Peak A 440
445 2 or 4 1,510 LLC 16 Preserved Off Peak A 440
445 2 or 4 15,524 LLC 40 Preserved Off Peak A 440
445 2 or 4 18,527 LLC 43 Preserved Off Peak A 440
445 2 or 4 4,513 LLC 19 Preserved Off Peak A 440
445 2 or 4 62,578 LLC 346 Preserved Off Peak A 440
445 1 or 3 500,501,801,802 LLC 393 Preserved Off Peak A 440
450 2 or 4 25,534 LLC 108 Preserved Off Peak Bii 450
450 2 or 4 22,531 LLC 104 Preserved Off Peak Bii 450
65
LLF Valid Profile Meter Timeswitch LAF Standard Settlement Special General DUoS Tariff
Class Class Code Type Configuration Conditions Description Cod243010e
----------------------------------------------------------------------------------------------------------------------------------
450 2 or 4 24,533 LLC 107 Preserved Off Peak Bii 450
450 2 or 4 23,532 LLC 106 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
450 1 or 3 23,532 LLC 393 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
455 2 or 4 500,501,801,802 LLC 108 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
455 2 or 4 25,534 LLC 104 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
455 2 or 4 24,533 LLC 107 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
455 2 or 4 23,532 LLC 106 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
455 1 or 3 500,501,801,802 LLC 393 Preserved Off Peak Bii 450
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
460 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
470 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
480 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
840 2 576,582,820,821 LLC 261 Preserved White Meter 70
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
840 2 51,575 LLC 427 Preserved White Meter 70
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 573,580,807,808 LLC 244 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 31,541 LLC 176 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 32,542 LLC 177 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 33,543 LLC 178 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 34,544 LLC 179 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 35,545 LLC 180 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 36,546 LLC 181 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 37,547 LLC 182 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 38,548 LLC 183 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 39,549 LLC 184 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
850 2 47,584 LLC 432 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- ------------------------------------- -----------------------
------ ------------------ ---------------------- ---------- -------------------------------------------- ------------ --
850 2 40550 LLC 185 Preserved Economy 7 30
------ ------------------ ---------------------- ---------- -------------------------------------------- ------------ --
66
LLF Valid Profile Meter Timeswitch Code LAF Standard Settlement Special General DUoS Tariff
Class Class Type Configuration Conditions Description Cod243010e
------ -----------------------------------------------------------------------------------------------------------------------
850 2 41,551 LLC 186 Preserved Economy 7 30
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
860 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
870 1 500,501,801,802 LLC 393 Preserved Domestic 10
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
890 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
900 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
910 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
920 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
930 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
950 3 500,501,801,802 LLC 393 Preserved Small Non Domestic 110
------ ------------------ ------------------------- --------------------------------------------- ----------------------------
67
Provisional Format of Condition 8 Statement - Model Use of System Agreement Schedule 3 - Table 1 - Non- Supercustomer and hal
hourlSites
LLF Valid Profile Meter Timeswitch AF Standard Settlement Special General Description DUoS Tariff
Class Class Code Type Configuration Condition Cod243010e
------ ------------------ --------------------------- --------------------------------------- ------------------------------------
------ ------------------ --------------------------- ------------------------------- ---------------------------------------------
510 5,6,7,8 OR H/H LHV 393 Monthly Tariff HV 510
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
510 5,6,7,8 OR H/H LHV 154 Monthly Tariff HV 510
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
510 5,6,7,8 OR H/H LHV 127 Monthly Tariff HV 510
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
510 5,6,7,8 OR H/H LHV 135 Monthly Tariff HV 510
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
520 5,6,7,8 OR H/H LHV 393 Monthly Tariff HV Parallel Gen 520
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
520 5,6,7,8 OR H/H LHV 127 Monthly Tariff HV Parallel Gen 520
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
521 H/H LHV Export (HV) 521
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
530 5,6,7,8 OR H/H LHV 258 Preserved Monthly Tariff HV8HR 530
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
540 5,6,7,8 OR H/H LLV 393 Monthly Tariff S/S 540
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
540 5,6,7,8 OR H/H LLV 154 Monthly Tariff S/S 540
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
540 5,6,7,8 OR H/H LLV 127 Monthly Tariff S/S 540
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
540 5,6,7,8 OR H/H LLV 135 Monthly Tariff S/S 540
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
550 5,6,7,8 OR H/H LLV 393 Monthly Tariff S/S Parallel Gen 550
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
550 5,6,7,8 OR H/H LLV 127 Monthly Tariff S/S Parallel Gen 550
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
551 H/H LLV Export (S/S) 551
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
560 5,6,7,8 OR H/H LLV 258 Preserved Monthly Tariff S/S8HR 560
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
570 5,6,7,8 OR H/H LLC 393 Monthly Tariff LV 570
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
570 5,6,7,8 OR H/H LLC 154 Monthly Tariff LV 570
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
570 5,6,7,8 OR H/H LLC 127 Monthly Tariff LV 570
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
570 5,6,7,8 OR H/H LLC 135 Monthly Tariff LV 570
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
580 5,6,7,8 OR H/H LLC 393 Monthly Tariff LV Parallel Gen 580
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
580 5,6,7,8 OR H/H LLC 127 Monthly Tariff LV Parallel Gen 580
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
581 H/H LLC Export (LV) 581
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
590 5,6,7,8 OR H/H LLC 258 Preserved Monthly Tariff LV8HR 590
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
000 X/X XXX Xxxx Xxxxxx Xxxxxxxxx 000
------ ------------------ ------------------------ ------------------------------- ---------------------------------------------
Provisional Format of Condition 8 Statement - Model Use of System Agreement Schedule 3 - Table 1 - Non- Supercustomer and half
hourly Settled Sites
LLF Valid Profile Meter LAF Standard Special General DUoS Tariff
Class Class Timeswitch Type Settlement Condition Description Cod243010e
Code Configuration
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XXX Xxxx Xxxxxx Xxxxxxxxx Export 601
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
610 H/H LE2 ICI Severnside 610
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
611 H/H LE2 ICI Severnside Export 611
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
620 H/H LE3 Britannia Zinc Avonmouth 620
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
621 H/H LE3 Britannia Zinc A-mouth Export 621
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
630 H/H LE4 Rolls Royce Filton Main 630
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
631 H/H LE4 Rolls Royce Filton Main Export 631
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
640 H/H LE4 Rolls Royce Filton TT 640
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 Xxxxx Xxxxx Xxxxxx XX Export 641
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
650 H/H LE5 Royal Ordnance Puriton 650
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
651 H/H LE5 Royal Ordnance Puriton Export 651
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
660 H/H LE6 Devonport Dockyard 660
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 Xxxxxxxxx Xxxxxxxx Export 661
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
670 H/H LE7 Standard 33kV Terms 670
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
671 H/H LE7 Standard 33kV Terms Export 671
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
680 H/H LE7 Standard 33kV Terms 680
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
681 H/H LE7 Standard 33kV Terms Export 681
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 Xxxxxxxxxx Xxxxx Xxxxxx 690
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 Xxxxxxxxxx Xxxxx Xxxxxx Export 691
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 XXX Xxxxxxxx 710
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
000 X/X XX0 XXX Xxxxxxxx Export 711
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
720 H/H LH8 BAE Filton 720
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
721 H/H LH8 BAE Filton Export 721
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
730 H/H LPB PBA Avonmouth Internal Sites 730
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
731 H/H LPB PBA Avonmouth Int Sites Export 731
------ -------------------------------------- ---------- ----------------------- -----------------------------------------------
Provisional Format of Condition 8 Statement - Model Use of System Agreement Schedule 3 - Table 1 - Non- Supercustomer and hal
hourly Settled Sites
LLF Valid Profile Meter Timeswitch Code LAF Standard Settlement Special General DUoS Tariff
Class Class Type Configuration Condition Description Cod243010e
----------------------------------------------------------------------------------------------------------------------------------
970 H/H LLC Unmetered - Pseudo Metered 970
980 8 502,857 LLC 428 Unmetered - Profiled 980
980 1 503,858 LLC 431 Unmetered - Profiled 980
980 1 504,859 LLC 429 Unmetered - Profiled 980
980 1 505,860 LLC 430 Unmetered - Profiled 980
Supercustomer DUoS Tariffs - Condition 8 Schedule 3 Table 2 - Apr 1998 Price Levels
-------- -------------------------------------------------------------------------------------------------------------------------
DUoS DUoS Charges
Tariff
Code
Fixed Charges Unit Rate 1 Unit Rate 2 Unit Rate 3
Amount (p/Supply Frequency Amount Time Pattern Amount (p/k/Wh) Time Amount (p/k/Wh) Time
Number) (per) (p/kWH) Regime Pattern Pattern
Regime Regime
10 7.78 day 1.88 1
20 14.60 day 1.88 1
Of 0.685 day
which
is for
the
provision
of PPI
20 14.60 day 1.88 21 1.88 231
Of 0.685 day
which
is for
the
provision
of PPI
30 10.30 day 2.12 40 1,1124,1126,1128,
113,9, 1141, 0.43 206 1,1125,1127,
1143,1145,1147,1149, 1129,1140,1142,
13, 97,1151, 1153 1144,1146,1148,
40 17.12 day 2.12 401 0.43 2061
of 0.685 day
which
is for
the
provision
of
PPI 1150,1398,1152,
Supercustomer DUoS Tariffs - Condition 8 Schedule 3 Table 2 - Apr 1998 Price Levels
DUoS DUoS Charges
Tariff
Code
Fixed Charges Unit Rate 1 Unit Rate 2 Unit Rate 3 Unit Rate 3
Amount (p/Supply Frequency Amount Time Amount (p/k/Wh) Time Amount (p/k/Wh) Time
Number) (per) (p/kWH) Pattern Pattern Pattern
Regime Regimes Regime
50 10.74 day 3.60 1120,273 0.78 1121,274 0.43 1122,275
51 0.00 day 0.43 1123
60 10.74 day 3.08 1131,270 0.88 1132,271 0.43 1133,272
61 0.00 day 0.43 1134
70 10.30 day 2.12 55,1118 0.60 194,1119
110 10.74 day 1.97 1
120 17.56 day 1.97 1
of 0.685 day
which
is for
the
provision
of ppm
120 17.56 day 1.97 21 1.97 231
of 0.685 day
which
is for
the
provisin
of ppm
210 13.26 day 2.21 401 0.43 221 ,2061
1124,1126,1128,1139,1141, 1125,1127,1129
1143,1145,1147,1149,1397,1151 1140,1142,1144
1153 1146,1148,1150
1398,1152,1154
Supercustomer DUoS Tariffs - Condition 8 Schedule 3 Table 2 - Apr 1998 Price Levels
DUoS DUoS Charges
Tariff
Code
Fixed Charges Unit Rate 1 Unit Rate 2 Unit Rate 3 Unit Rate 3
Amount (p/Supply Frequency (per) Amount Time Amount (p/k/Wh) Time Pattern Amount (p/k/Wh) Time
Number) (p/kWH) Regimes
Pattern Pattern
Regime Regime
220 20.08 day 2.21 401 0.43 206 1
of 0.685 day
which
is for
the
provision
of ppm
250 14.74 day 3.75 1120,273 0.84 1121,274 0.43 1122.275
251 2.74 day 0.43 1123
270 13.26 day 2.72 183 0.50 71
280 14.74 day 2.89 276,1135 0.53 277,1136 0.43 160,1137
281 2.74 day 0.43 1138
350 13.26 day 2.21 55,1118 0.60 194 1119
410 2.74 day 0.60 196,193,190,1119
420 2.74 day 1.08 156,102
430 2.74 day 0.43 210,212,206,1125,1127,1129,1140,1142,1144,1146,1148,
1150,1398,1152,1154
Supercustomer DUoS Tariffs - Condition 8 Schedule 3 Table 2 - Apr 1998 Price Levels
DUoS DUoS Charges
Tariff
Code
Fixed Charges Unit Rate 1 Unit Rate 2 Unit Rate 3 Unit Rate 3
Amount (p/Supply Frequency Amount Time Amount Time Pattern Amount (p/k/Wh) Time
Number) (per) (p/kWH) Pattern (p/k/Wh) Regimes Pattern
Regime Regime
440 2.74 day 0.92 228,149,136,171,153
151,138,
185,137,129,131,125,
173,126, 130,113,157,
174,127,1130,1
450 2.74 day 1.12 68,61,67,66,1
Note Time Pattern Regimes denoted 1 are default time and tele-switch regimes used when TPR's not complying with those specified
above are transmitted.
Public Lighting and Unmetered Supplies DUoS Charges - April 1998 Price Levels
DUoS Fixed Exit Control Unit Unit Time
Tariff ((pound) Point Timeswitch Device Load Rate 1 Rate 2
Code /MPAN/yr) ((pound)/yr) ((pound)/yr) ((pound)/yr) ((pound)/kW/yr) (p/kWh) Time (p/kWh)
970 209.00 0.50 10.95 3.00 34.70 0.80 07:00-23:00 0.32 23:00-07:00
980 9.00 0.50 10.95 3.00 37.35 0.80 07:00-23:00 0.32 3:00-07:00
Site Specific DUoS Charges - April 1998 Price Levels
DUoS Fixed Metering Capacity Max Rective Unit Month Time Unit Time Unit Time Unit Time
Tariff Charge Charge3 Charge Demand Power Rate Pattern Rate 2 Pattern Rate 3 Pattern Rate 4 Pattern
Charge ((pound) ((pound) ((pound) Nov-Feb Charge 1 Regime (p/kWh) Regime (p/kWh) Regime (p/kWh) Regime
Code /site/month) /month) /kVA/month)((pound) (p/kVArh (p/kWh)
/kW/month) (excess)
510 20.00 1.50 1st400 1.18 0.00 0.14 0.86 Jan 1
Excess 1.08 0.77 Dec+Feb
0.61 Nov+Mar
0.27 Other
510 20.00 11.50 1st400 1.18 0.00 0.14 1.01 Jan 39 0.15 221
Excess 1.08 0.90 Dec+Feb
0.71 Nov+Mar
0.30 Other
-
510 20.00 11.50 1st 400 1.18 0.00 0.14 1.01 148 1 0.42 80,1482 0.12 221
Excess 1.08 247 1,38 1 80,2472 221
382
520 20.00 11.50 1st 400 1.18 0.00 0.14 0.86 Jan 1
Excess 1.08 0.77 Dec+Feb
0.61 Nov+Mar
0.27 Other
520 20.00 11.50 1st 400 1.18 0.00 0.14 1.01 1481 0.42 80,1482 0.12 221
Excess 1.08
530 20.00 11.50 1st 400 1.18 0.00 0.14 1.01 Jan 56 0.16 195
Excess 1.08 0.90 Dec+Feb
0.71 Nov+Mar
0.30 Other
Site Specific DUoS Charges - April 1998 Price Levels
DUoS Fixed Metering Capacity Max Rective Unit Month Time Unit Time Unit Time Unit Time
Code ((pound) (pound) ((pound) Charge Charge 1 Regime p/kWh) Regime Regime (p/kWh) Regime
/site/ /month) /kVA/month) ((pound) (p/kVArh (p/kWh)
month) Nov-Feb (excess)
((pound) /kW/month)
540 7.00 8.30 3 1st 50 1.50 0.00 0.27 1.30 Jan 1
Excess 1.15 1.17 Dec+Feb
0.97 Nov+Mar
0.42 Other
540 7.00 8.303 1st 50 1.50 0.00 0.27 1.53 Jan 39 0.22 221
Excess 1.15 1.37 Dec+Feb
1.13 Nov+Mar
0.46 Other
540 7.00 8.303 1st 50 1.40 0.00 0.27 2.35 148 1 0.43 80,148 2 0.19 221
Excess 1.05 247 1,38 1 80,247 2 221
38 2
550 7.00 8.303 1st 50 1.50 0.00 0.27 1.30 Jan 1
Excess 1.15 1.17 Dec+Feb
0.97 Nov+Mar
0.42 Other
-
550 7.00 8.303 1st 50 1.40 0.00 0.27 2.35 148 1 0.43 80,1482 0.19 221
Excess 1.05
Site Specific DUoS Charges - April 1998 Price Levels
DUoS Fixed Metering Capacity Max Rective Unit Month Time Unit Time Unit Time Unit Time
Code ((pound) ((pound) ((pound) Charge (p/kVArh 1 Regime Regime (p/kWh) Regime Regime
/site /month) /month) Nov-Feb (excess) (p/kWh) (p/kWh)
/month) ((pound)
560 7.00 8.303 1st 50 1.50 0.00 0.27 1.53 Jan 56 0.24 195
Excess 1.15 1.37 Dec+Feb
1.13 Nov+Mar
0.46 Other
570 7.00 4.253 1st 20 1.65 0.00 0.43 1.62 Jan 1
Excess 1.30 1.46 Dec+Feb
1.22 Nov+Mar
0.57 Other
570 7.00 4.253 1st 20 1.65 0.00 0.43 1.92 Jan 39 0.25 221
Excess 1.30 1.73 Dec+Feb
1.43 Nov+Mar
0.64 Other
570 7.00 4.253 1st 20 1.50 0.00 0.43 3.20 148 1 0.47 80,148 2 0.21 221
Excess 1.15 247 1 38 1 80,247 2 221
38 2
580 7.00 4.253 1st 20 1.65 0.43 1.53 Jan 1
Excess 1.30 1.37 Dec+Feb
1.13 Nov+Mar
0.46 Other
580 7.00 4.253 1st 20 1.50 0.00 0.43 3.20 148 1 0.47 80,1482 0.21 221
Excess 1.15
Site Specific DUoS Charges - April 1998 Price Levels
DUoS Fixed Metering Capacity Max Rective Unit Month Time Unit Time Unit Time Unit Time
Code ((pound) ((pound) ((pound) Charge (p/kVArh 1 Regime Regime (p/kWh) Regime Regime
/month) ((pound)
590 7.00 4.253 1st 20 1.65 0.00 0.43 1.92 Jan 56 0.28 195
Excess 1.30 1.73 Dec+Feb
1.43 Nov+Mar
0.64 Other
670 56.90 41.40 1st 3000 0.00 0.14 0.49 Jan 39 0.10 221
1.15
0.43 Dec+Feb
Excess
1.00 0.34 Nov+Mar
0.17 Other
Notes
Time Pattern Regimes denoted `1' apply for price indicated in November -February only
Time Pattern Regimes denoted `2' apply for price indicated in October - March
only.
`3' Metering charges for HV, S/S and LV sites> 100kw are (pound)11.50/month independent of voltage connection
SCHEDULE 4
Transactional Charges
Part I (i)- Transaction Charges for energisation, de-energisation and
re-energisation services
NOTE: The way in which some of these services are provided will depend upon site
specific requirements and /or supplier instructions. The charges listed here
should, therefore be taken as indicative only.
1. Electricity Supply Regulation Checks
If carried out at the same time as other work Nil Charge
For each separate visit made to a customer's premises at
Supplier request (pound)22.00
2. Energise, (Re-energise) a Connection
A charge will be payable by the Supplier in respect of each
site visit
made to energise, (re-energise) a connection, including the
statutory
inspection and tests.
Simple re-energisation (e.g. replace fuse)
For visits made in accordance with the appointment guidelines (pound)22.00
For visits made same day or at short notice (pound)35.00
For visits made outside normal working hours:-
Monday - Friday 16:30 - 22:00 Saturday 08:00 - 22:00 (pound)50.00
All other times and Bank Holidays (pound)50.00
3. Energisation, (re-energisation) Not actioned
A charge will be payable by the Supplier in respect of each abortive
visit
made to energise, (re-energise) a connection.
For visits made in accordance with the appointment
guidelines (pound)13.00
For visits made same day or at short notice (pound)26.00
For visits made outside normal working hours:-
Monday - Friday 16:30 - 22:00 Saturday 08:00 - 22:00 (pound)36.00
All other times and Bank Holidays (pound)36.00
4. De-energise Connection
A charge will be payable by the Supplier in respect
of each site visit
made to de-energise a connection.
Simple de-energisation (e.g remove fuse)
For visits made in accordance with the appointment
guidelines (pound)15.00
For visits made same day or at short notice (pound)28.00
For visits made outside normal working hours:-
Monday - Friday 16:30 - 22:00 Saturday 08:00
- 22:00 (pound)38.00
All other times and Bank Holidays (pound)38.00
Complex de-energisation and subsequent re-energisation
(e.g cutting and (pound)75.00
re-jointing service cable outside customer's premises)
- Time and per hour
Material based on the stated hourly rate
(during normal working hours)
5. Visit to de-energise : not actioned
A charge will be payable by the Supplier in respect of each
abortive site visit made to de-energise a connection.
For visits made in accordance with the appointment
guidelines (pound)13.00
For visits made same day or at short notice (pound)26.00
For visits made outside normal working hours:-
Monday - Friday 16:30 - 22:00 Saturday 08:00 - 22:00 (pound)36.00
All other times and Bank Holidays (pound)36.00
6. Energisation, (Re-energisation) or De-energisation
of Temporary Connection
(e.g. Christmas lighting, televising a theatrical
or sporting event etc.)
The cost of the connection and disconnection will be
charged for in accordance with our Statement of the Charges as
Basis of charges for Connection to South Western per 2,3,4 &
Electricity plc's Electricity Distribution System. 5 above
7. Short-term De-energisation and Subsequent Re-energisation of a
Connection
For each site visit made to a customer's premises
for safety reasons, by Nil Charge
appointment and with at least two working days'
notice to de-energise the connection and then revisit
at an agreed time to re-energise it.
Part 1 (ii) Transaction charges for Revenue Protection Services
NOTE : The way in which some of these services are provided will depend
upon site specific requirements and/or supplier instructions. The
charges listed should, therefore, be taken as indicative only and are
based on the understanding that such work is carried out at the same
time as other invetigatory work is undertaken.
1. An administration charge will be payable by suplliers in all
cases where there is clear evidence of interference with the
meter or connection equipment. (pound)158.00
2. Replace meter like for like From
(pound)30.00
3. Replace time/teleswitch (pound)57.00
4. Replace credit meter with prepayment meter From
(pound)110.00
5. Replace
(a) seal (pound)0.50
(b) meter tails (pound)12.00
6. Fit additional security devices
(a) self destruct label (pound)0.50
(b) security cable & blocks (pound)18.00
7. De-energise supply:
(a) Remove fuse From
(pound) 6.00
(b) Remove meter From
(pound) 9.00
8. Revisit de-energised supply
(excluding first visit within 14 days and
which is made in accordance From
- with the appointment guidelines) (pound)25.50
9. Revisit customer previously suspected of
tampering From
(pound)25.50
10. Obtain a rights of entry warrant (pound)65.00
Part 1 (iii) Other services ancillary to use of system transactional charges
a) Meter Operation Services, Data Collection Services, Prepayment
Meter Services and
Metering Point Administration Services:
Will be charged in accordance with the Company's Agreement for
Meter Operation
Services, Data Collection Services; Prepayment Meter Services and
Metering Point
Administration Services:
b) Radio Teleswitching Services
The Company may provide Radio Teleswitching Services to those who
wish to sponsor group codes. The charges for these services will
be fixed by agreement in each case and will reflect the
complexity in the proposed arrangements.
c) Miscellaneous Charges:
Other charges for other services ancillary to the Use of System will be
individually quoted.
Part II - Payment Terms
1. Within 21 days after the end of each calendar month the Company shall
submit to the User an account specifying the payment due from the User
in respect of services referred to in Part I of this Schedule performed
during that month and any Value Added Tax payable thereon.
2. Within 30 days of the date of an account submitted in accordance with
paragraph 1, the User shall pay to the Company all sums due in respect
of such account in pounds sterling by electronic transfer of funds to
such bank account (located in the United Kingdom) as is specified in
the statement, quoting the invoice number against which payment is
made.
3. Notwithstanding Clause 8.2 of the Revenue Protection Code of Practice,
any disputes shall be governed by Schedule 6.
SCHEDULE 5
Calculation of Interest on Reconciliation Accounts
For the first day after the Invoice Date of the Initial Account the following
calculation shall be used by the Company in preparing a Reconciliation Account:
T1 = (Xx - Xx-1) x (I1 x 1/365) + (Xx - Xx-1)
For all subsequent days until the Invoice Date of the Reconciliation Account the
following calculation shall be used by the Company in preparing a Reconciliation
Account:
Tn+1 = Tn x (In x 1/365) + Tn
where
Tn= amount due under a Reconciliation Account, including interest calculated on
a daily compound basis
r = run number. For an Initial Settlement Run r = 0, and for a Final
Settlement Run, r = 4
In = The Barclays Bank plc daily declared base interest rate for the Working Day
prior to day n
Vr = amount due from run calculation r, excluding interest due
n = day number count
For the purpose of calculating daily interest rates, the number of days in a
leap year shall be deemed to be 365.
For the avoidance of doubt, the Invoice Date of the Initial Account shall be
when n = 0.
SCHEDULE 6
Billing and Payment Disputes
1. This Schedule 6 applies to disputes about Use of System Charges payable by
the User pursuant to Clauses 6, 7 and 8:
1.1 where the User disputes an Initial Account or Reconciliation Account
or an account issued under Clause 8.2 and the dispute is a Designated
Dispute (as defined in paragraph 1.2 below):
A. the User shall pay such amount of Use of System Charges due as
are not in dispute and shall be entitled to withhold the balance
pending resolution of the dispute;
B. the parties shall use reasonable endeavours to resolve the
dispute in good faith;
C. where the dispute remains unresolved after 20 Working Days either
party may refer the dispute to arbitration in accordance with
Clause 22; and
D. following resolution of the dispute, any amount agreed or
determined to be payable shall be paid within 20 Working Days
after such agreement or determination and interest shall accrue
on such amount plus Value Added Tax (if any) from the date such
amount was originally due until the date of payment at the rate
of 1% per annum above the base rate during such period of
Barclays Bank plc compounded annually.
1.2 a dispute shall be a "Designated Dispute" for the purposes of
this paragraph 1 where within 7 days of receiving a request
for payment the User in good faith provides the Company with a
statement and explanation of the amount in dispute where:
A. there is an error in the information used for the calculation or
an arithmetic error in the calculation of Use of System Charges
by the Company which is apparent on the face of the Initial
Account or Reconciliation Account; and/or
B. for a Metering Point within Clause 6.3.1, the Company chooses not
to use the half-hourly data (whether actual or estimated)
provided by the Data Collector for the purposes of Settlement in
calculating Use of System Charges and the User disputes the
accuracy or validity of the data actually used.
1.3 for the avoidance of doubt, the disputes about the matters listed
at paragraph 1.3 A and B below are not Designated Disputes and
paragraph 1.1 shall not apply where:
A. the Company has invoiced Use of System Charges in accordance with
Clause 6.3; and
B. the Company has used estimated data in accordance with Clause
8.2.1.
1.4 where, other than in the case of a Designated Dispute within 7
days of receiving a request for payment the User in good faith
provides the Company with a statement and explanation of the
amount of use of System Charges in dispute:
A. the User shall pay the total amount of such charges as they fall
due in accordance with Clause 6.4;
B. the parties shall use reasonable endeavours to resolve the
dispute in good faith;
C. where the dispute remains unresolved after 20 Working Days either
party may refer the dispute to arbitration in accordance with
Clause 22; and
D. following resolution of the dispute, any amount agreed or
determined to be repayable (including where appropriate any
interest paid pursuant to Clause 7.5 or Clause 8.3) by the
Company shall be paid within 20 Working Days after such agreement
or determination and interest shall accrue on such amount from
the date such amount was originally paid by the User until the
date of repayment at 1% per annum above the base rate during such
period of Barclays Bank plc, compounded annually.
SCHEDULE 7
APPROVAL AND PERMISSION PROCEDURES
28.DEFINITIONS
In this Schedule 7, except where the context otherwise requires, the
following terms shall have the meanings set opposite them:-
"Applicant" means a person who applies for approval pursuant to
paragraph 3;
"Approved Contractor" means a contractor approved pursuant to
paragraph 3;
"Competent Person" means a person appointed by an Approved Contractor
in accordance with paragraph 4.1;
"Certificate of Competence" means a certificate issued by an Approved
Contractor in accordance with paragraph 4.1;
"Permission" means a permission issued in writing by the Company
pursuant to paragraph 5;
"Quality Assurance Certification means a body assessed, validated and
regulated by the UK Body" Accreditation Service; and
"Works" means any Energisation Works, Re-energisation Works or
De-energisation Works.
29. PRINCIPLES
29.1 Subject to the provisions of Clause 10 and this Schedule 7, the User
shall be entitled to procure the performance of Works on the
Distribution System by a person who is not an employee of the Company.
For the avoidance of doubt this Schedule 7 does not apply to work
carried out by a Meter Operator pursuant to the Meter Operation
Services Agreement.
29.2 A Competent Person shall be recognised to be a suitable person to
carry out Works on the Distribution System in accordance with and to
the extent specified in a Permission.
29.3 Where the User elects to have Works performed on the Distribution
System by an Approved Contractor rather than the Company, the Approved
Contractor shall undertake to perform all the categories of Works in
accordance with and to the extent specified in the Permissions held by
its Competent Persons, and the Company shall only be obliged to
undertake such categories of Works as are not so specified. The User
shall remunerate the Company for undertaking any such Works by
reference to the relevant charges set out in Schedule 4, or by
agreement where the charges for such Works are not set out therein.
30.PROCEDURE FOR APPROVING CONTRACTORS
30.1Where an Applicant has applied for approval as an Approved Contractor
for the purposes of this Schedule 7, the Company shall appoint a
Quality Assurance Certification Body to carry out an assessment of the
Applicant's qualifications for approved status. The Applicant shall be
advised of any assessment fees payable to the Company. The Quality
Assurance Certification Body shall advise the Company and the
Applicant of the results of the assessment, and the Company shall
decide whether the Applicant may be approved together with the reasons
for that decision.
30.2 An approval pursuant to paragraph 3.1:
30.2.1 shall be valid for three years, during which period the Company
may at any time carry out inspections of the Approved
Contractor's work on site; and
30.2.2 may be withdrawn at any time by the Company, subject always to
the Approved Contractor being given a reasoned explanation. The
Company may accept an approval of an Applicant given by another
public electricity supplier in accordance with the procedure
stated in this paragraph 3.
31.PROCEDURE FOR RECOGNISING COMPETENT PERSONS
31.1 A person shall be recognised by the Company as being a suitable person
to perform Works on the Distribution System if that person is employed
by an Approved Contractor and has been appointed in writing by the
Approved Contractor as a Competent Person, being someone who has
successfully completed satisfactory training and examination in
electrical safety awareness and appropriate technical knowledge, and
who personally holds a Certificate of Competence issued by the
Approved Contractor as evidence of a suitable qualification in all
such respects.
31.2 A Certificate of Competence issued to an Approved Contractor's
employee in accordance with this paragraph 4 shall certify that
employee's suitability to perform Works on the Distribution System
subject to a Permission. The Approved Contractor shall be responsible
for giving the Company a copy of each Certificate of Competence issued
by it, for reissuing or revoking each Certificate of Competence every
three years, and for maintaining a record of all Certificates of
Competence currently in force.
31.3 A Competent Person must have a valid Certificate of Competence
available for inspection at all times when performing any Works on the
Distribution System. PROCEDURE FOR GRANTING PERMISSION
32.1The User shall be entitled to procure the performance of Works on the
Distribution System by a Competent Person provided that the Competent
Person has a valid Permission. The grant of a Permission to a
Competent Person shall not be unreasonably withheld, provided that the
Company shall always have a prior right to undertake a trade test and
safety awareness assessment of that person and that the reasonable
costs of exercising this right shall be paid by the Approved
Contractor if requested by the Company.
32.2 The nature, scope, and extent of the Works which a Competent Person
may undertake shall be at the Company's sole discretion. A Permission
shall specify in writing the categories of Works which the Competent
Person is allowed to undertake on the Distribution System, and the
Competent Person's authority to undertake Works shall be limited to
those categories alone and shall in no circumstances whatsoever extent
to any other category of Works howsoever described.
32.3 Notwithstanding anything in paragraph 5.2, the categories of Works
specified in a Permission may (for example only and without
limitation) include any of the following:
the withdrawal or replacement of fuse links in the service
terminations;
the connection or severing of wiring between service terminations,
meters and distribution boards;
attendance at or the performance of work in a Distribution System
substation without the need for personal supervision;
the supervision or control of a working party which undertakes any of
the above; and
the operating of high or low voltage switchgear.
33.DISPUTES
33.1The parties shall attempt to resolve in good faith any dispute in
relation to assessment fees payable to the Company pursuant to
paragraph 3.1 of this Schedule 7. Where a dispute remains
unresolved after 14 days either party may refer the dispute to
the Director for determination. Any determination by the Director
shall be final and binding.
SCHEDULE 8
Metering Functionality and Data Requirements
DUOS Charge Application Metering Meter Reading Time for Provision of Data
Functionality Frequency to the Distributor
---------------------------------------------------------------------------------------------------------------------------
Monthly Tariff HV Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff HV Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1 kWh
Rate 2 Monthly Day + 3 Working Days
Monthly Tariff HV Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2, kWhRate 3 Monthly Day + 3 Working Days
Monthly Tariff HV
Parallel Gen Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff HV
Parallel Gen Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2, kWhRate 3 Monthly Day + 3 Working Days
Export (HV) Single Phase or Three Phase 24hr kW, kVArh Total
kWh Total Monthly Day + 3 Working Days
Monthly Tariff HV8HR Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1 kWh
Rate 2 Monthly Day + 3 Working Days
Monthly Tariff S/S Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff S/S Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2 Monthly Day + 3 Working Days
Monthly Tariff S/S Single Phase or Three Phase 24hr kW MD,
kVArh Total kWh
Rate 1 kWh Rate 2,
kWhRate 3 Monthly Day + 3 Working Days
-
Monthly Tariff S/S
Parallel Gen Single Phase or Three Phase 24hr kW MD, kV
Arh Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff S/S
Parallel Gen Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2, kWhRate 3 Monthly Day + 3 Working Days
Export (S/S) Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff S/S8HR Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2 Monthly Day + 3 Working Days
Monthly Tariff LV Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff LV Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2 Monthly Day + 3 Working Days
Monthly Tariff LV Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2, kWh
Rate 3 Monthly Day + 3 Working Days
Monthly Tariff LV
Parallel Gen Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Metering Functionality and Data Requirements continued
DUOS Charge Application Metering Functionality Meter Reading Time for Provision of Data
Frequency to the Distributor
-----------------------------------------------------------------------------------------------------------------------------------
Monthly Tariff LV
Parallel Gen Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1
kWh Rate 2, kWhRate 3 Monthly Day + 3 Working Days
Export (LV) Single Phase or Three Phase 24hr kW MD, kV Arh
Total kWh Total Monthly Day + 3 Working Days
Monthly Tariff LV8H Single Phase or Three Phase 24hr kW MD, kVArh
Total kWh Rate 1 kWh
Rate 2 Monthly Day + 3 Working Days
Domestic Single Phase or Polyphase kWh Total Bi-annually Day + 3 Working Days
Supply
Key Meter Domestic Single Phase Supply kWh Total Bi-annually Day + 3 Working Days
Economy 7 Single Phase or Polyphase kWh Rate 1 Bi-annually Day + 3 Working Days
Supply
kWh Rate 2
Domestic Seasonal Single Phase or Polyphase kWh Rate 1 Bi-annually Day + 3 Working Days
Supply
kWh Rate 2
kWh Rate 3
Domestic Seasonal
Controlled Night Single Phase Supply kWh Rate 3 Bi-annually Day + 3 Working Days
3 Rate Heating Single Phase or Polyphase kWh Rate 1 Bi-annually Day + 3 Working Days
Supply
kWh Rate 2
kWh Rate 3
3 Rate Heating
Controlled Night Single Phase Supply kWh Rate 3 Bi-annually
White Meter Single Phase or Polyphase kWh Rate 1 Bi-annually Day + 3 Working Days
Supply
kWh Rate 2
Metering Functionality and Data Reqts continued
DUOS Charge Application Metering
Functionality Meter Reading Time for Provision of Data
Frequency to the Distributor
-----------------------------------------------------------------------------------------------------------------------------
Small Non Domestic Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Key Meter Small
Non Domestic Single Phase Supply kWh Total Bi-annually Day + 3 Working Days
Key Meter Small
Non Domestic Single Phase Supply kWh Rate 1 Bi-annually Day + 3 Working Days
kWh Rate 2
Small Non Domestic
E7 Single Phase Supply kWh Rate 1 Bi-annually Day + 3 Working Days
kWh Rate 2
Key Meter Small Non
Domestic E7 Single Phase Supply kWh Rate 1 Bi-annually Day + 3 Working Days
kWh Rate 2
Non Domestic Seasonal Single Phase or
Polyphase Supply kWh Rate 1 Bi-annually Day + 3 Working Days
kWh Rate 2
Non Domestic Seasonal kWh Rate 3
Controlled Night Single Phase Supply
kWh Rate 3
E7 Day & Night Tariff Single Phase or
Polyphase Supply kWh Rate 1 Bi-annually
kWh Rate 2
E7 Day & Night Tariff kWh Rate 3
Controlled Night Single Phase Supply
kWh Rate 3 Bi-annually
Small Non Domestic (8Hr) Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Metering Functionality and Data Requirements continued
DUOS Charge Application Metering
Functionality Meter Reading Time for Provision of Data
Frequency to the Distributor
----------------------------------------------------------------------------------------------------------------------------
Off Peak Night Only (8hr) Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Off Peak Bi Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Off Peak (7 hrs) Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Off Peak A Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Off Peak Bii Single Phase or
Polyphase Supply kWh Total Bi-annually Day + 3 Working Days
Note: For SSC's Refer to Schedule 3, Table 1.
Note: For deemed half-hourly sites half-hourly kWh and half hourly KVArh are required for DUoS billing purposes.
SCHEDULE 9
Metering Accuracy
Metering Accuracy
1. Metering equipment installed and maintained pursuant to Clause
12.1 shall be capable of operating within the accuracy limits
specified pursuant to the Settlement Agreement and where no
accuracy limits are specified in relation to an element of any
metering equipment under the Settlement Agreement, the accuracy
of that element shall be no less than that specified in Tables
1-4 (inclusive) of Code of Practice Four approved pursuant to the
Settlement Agreement ("the agreed accuracy limits").
Disputes in relation to Metering Accuracy
2. Unless the accuracy of metering equipment installed and
maintained pursuant to Clause 12.1 is disputed by notice in
writing ("dispute notice") given by one party to the other, such
metering equipment shall be deemed to be accurate. If a dispute
notice is given:
2.1 unless otherwise agreed, the metering equipment shall as soon as
practicable be examined and tested by a meter examiner in
accordance with schedule 7 to the Act;
2.2 if on such test :
2.2.1it shall be found that the inaccuracy of the registration
of the metering equipment at normal loads exceeds the agreed
accuracy limits, suitable adjustment shall be made in the
accounts rendered by the Company and the metering equipment
or part thereof found to be inaccurate shall be recalibrated
or replaced and the cost of such test and recalibration or
replacement shall be paid by the User;
2.2.2the metering equipment is found to be accurate within the
said limits, the metering equipment shall be deemed to be
accurate and the cost of moving, testing and replacing the
metering equipment or any part thereof shall be paid by the
party who gave the relevant dispute notice.
SCHEDULE 10
Event log
In the following table:
A) "DTC ref" means the relevant reference number in the Data
Transfer Catalogue;
B) "DTN" means the Data Transfer Network and "Phone" means
telephone;
C) the descriptions of the data flows concerned under "Message" are
for ease of reference only and shall not affect the obligations
of either party under the relevant provisions of this Agreement;
and
D) "CR" means that there is currently no DTC reference, but that a
change request is required.
Where there is more than one means of transmission specified in
Schedule 10 (one of which being via the Data Transfer Network) it
is expected that the parties shall transmit any notice, request
or other communication via the Data Transfer Network.
Agreement From To Message Medium DTC ref
Clause
No.
DNT Phone Fax Post
----------------------------------------------------------------------------------------------------------------------
3.3 Company User Request for evidence of SCA for
3.3 User Company Provision of evidence of SCA for
specific exit point x x
3.4 Company User Notification that non standard
terms apply to a connection x x
3.5.3 User Company Notification of procurement
of SCA for 100 kW customer
without
CA at 31/5/98 x x
4.2.4 User/Agent Company Confirmation of Appointment of
Accredited Meter Operator, Data
Collector and Data Aggregator x x x
4.2.5 User/Agent Company Confirmation metering equipment
installed x x x
4.2.8 User/Agent Company Confirmation of customers
appointed Meter Administrator x x
6.1 Company User Notification of variation of
charges x x
7.2 User/Agent Company Provision of non-half hourly
Supercustomer DUoS Report x x x D0030
Company User Provision of Daily Statements x D0242
7.3,7.4 Company User Billing by Settlement Class
8.2 Company User Company Refund/Cheque
8.2 Company User Company Invoice Site Specific
Billing
10.2 User Company Request Company to undertake
Energisation, de-energisation x
or
Re-energisation works
10.2.4 Company User Request for details needed to x x
identify Metering Points
10.2.4 User Company Details needed to identify
Metering Points x x
10.7 Company User 2 Working days notice of
de-energisation works x x
Agreement From To Message Medium DTC ref
Clause
No.
DNT Phone Fax Post
----------------------------------------------------------------------------------------------------------------------
10.8 Company User Notice that Metering Point has
been de-energised by Company x x x
10.10 Company User Instruction to send registration
notice (following
de-energisation) x x
10.11 Company User Instruction to send registration
notice (following
re-energisation) x x
10.13,
10.14,
10.16 User Company Disconnection Notice x x x D0132
10.14,
10.15 Company User Refusal to disconnect x x x
10.19 User Company Request to de-energise x x D0134
10.19.1 Company User/Agent Notification of when
Re-energisation work is
expected to be
undertaken x x
10.19.3 Company User Instruct user to send
registration notice
12.2 User/Agent Company Metering technical data (NHH) x x x D0150
12.2 User/Agent Company Metering Technical data (HH) x x x D0268
12.2 User/Agent Company Meter readings (HH) x x x D0010
12.2 User/Agent Company Meter advance reconciliation
report (HH meters) x x x D0008
12.2 User/Agent Company Estimated half-hourly data report x x x D0022
12.2 User/Agent Company Validated half hourly advances
for inclusion in aggregated x x x D0036
supplier matrix, including
unmetered
12.2 User/Agent Company Validated half hourly advances
where half hourly periods are x x x D0275
specified in UTC
12.4 User/Agent Company Notification of meter mapping
details x x x D0149
Agreement From To Message Medium DTC ref
Clause
No.
DNT Phone Fax Post
----------------------------------------------------------------------------------------------------------------------
12.4 User/Agent Company NHH Meter readings x x x D0010
12.4 User/Agent Company Meter Technical Details x x x D0150
12.5 Company User/Agent Test metering system x x x D0001
12.8 Company Agent Estimated Annual Consumption
for unmetered sites which are not
subject to HH trading x x
(DC)
13.1,13.2 User Company Customer details x x x D0131
13.3 User Company Change of Customer details x x x D0131
13.4 User/Agent Company Report possible safety problem D0135
13.4 Agent Company report urgent possible
safety problem to Security of
Supplies and
(MOP,DC) Safety Enquiry service x x x
13.5,13.7 User Company Provision of details of
special needs customers x x x D0225
13.6,13.7 User Company Provision of details of password x x x D0131
16.4 User Company Details of customer complaint
in respect of a guaranteed
standard claim x
SCHEDULE 11
Demand Control
INTRODUCTION
The capacity and other technical parameters of the constituent elements
which make up the Distribution System provide operational constraints
on Demand and the coincidence of Demand.
DEFINITIONS
In this Schedule 11, except where the context otherwise requires,
the following expressions shall have the meanings set opposite
them:
"Capacity Headroom" means a margin of 5 to 15 % below the maximum
capacity of the Distribution System supplying a group of
Customers;
"Compliance Notice" means a notice issued to a Supplier pursuant to
paragraph 8.5;
"Demand" has the meaning given to that term in the Distribution Code;
"Effective Date" means the date that a notice issued pursuant to this
Schedule 11 is deemed received in accordance with Clause 24.5.2
and/or paragraph 11.3 (as appropriate);
"Emergency SRN" means a notice issued pursuant to paragraph 8.1;
"Firm SRN" means a notice issued pursuant to paragraph 7.1;
"Load Managed Area" means an area designated pursuan to paragraph
5.1;
"Load Managed
Area Notice" means a notice issued pursuant to paragraph 5.1;
"Provisional SRN" means a notice issued pursuant to paragraph 6.1;
"Security of Supply" means the ability of the Company to provide
supplies to Customers, that comply with the Electricity Supply
Regulations and with ERP2/5 and ERP28;
"SSC" means Standard Settlement Configuration;
"Supplier" means a person authorised to supply electricity pursuant to
section 6(1)(c) and/or section 6(2) of the Act; and
"Total System" has the meaning given to that term in the
Distribution Code;
36.GENERAL OBLIGATIONS
3.1 The User shall use reasonable endeavours to ensure that it does
not make any changes to SSCs in force at particular Metering
Points which have or may have a materially adverse effect on the
discharge of the Company's statutory and/or regulatory
obligations to develop and maintain an efficient, secure, safe,
co-ordinated and economical system for the distribution of
electricity by increasing the coincidence of Demand on the
Distribution System in a way which is likely to infringe the
Capacity Headroom so that it is insufficient to allow for normal
variations in Demand.
3.2 The Company shall use reasonable endeavours to issue notices in
Load Managed Areas in the following order: Provisional SRN; Firm
SRN and Emergency SRN and normally not to issue a notice for a
relevant geographic area within 30 days of the Effective Date of
the last notice for that relevant geographic area.
37.CONSULTATION
The User may at any time seek advice concerning operational constraints
on the Distribution System from the Company on such reasonable terms as
the parties may agree in writing.
38.LOAD MANAGED AREAS
5.1 The Company may from time to time designate areas of the
Distribution System as Load Managed Areas where the Company:
38.1.1 has identified a need to reinforce or extend the capacity of
such areas and prior to issuing a Load Managed Area Notice,
either:
(A) avoided the need for such reinforcement or extension through
a reduction in coincidence of Demand by adopting Customer
Demand management to control the timing of load switching;
or
(B) reasonably believes that such reinforcement or extension
would be avoided through a reduction in coincidence of
Demand by Suppliers adopting Customer Demand management to
control the timing of load switching.
5.2 A Load Managed Area Notice shall be sent to the User, all other
Suppliers and the Director.
5.3 A Load Managed Area Notice shall be effective when received or
deemed received in accordance with Clause 24.5.2 and shall
indicate:
the geographical area to which it applies by map, postcode or
such other method as the Company considers reasonable;
the time or times of day during which in the Company's opinion
changes to SSCs in force at particular Metering Points
induced by Suppliers have increased the coincidence of
Demand to such an extent that Security of Supply may be
threatened; and
that it shall continue in force until withdrawn in writing by the
Company by serving a notice on all Suppliers.
5.4 The parties acknowledge and agree that the issue of a Load Managed
Area Notice constitutes notice that:
(i) significant modifications of Customer Demand in the area
identified in such notice may threaten Security of Supply;
(ii) Provisional SRNs, Firm SRNs and Emergency SRNs may be issued in
respect of that area;
(iii) any future changes to SSCs in force at particular Metering
Points in that area may be subject at the request of the
Company to change in accordance with paragraph 7.5 or 8.5; and
(iv) any changes to SSCs referred to in paragraph 5.4(iii) will if
requested by the Company pursuant to paragraph 7.5 or 8.5 or if
made voluntarily by a Supplier be at the relevant Supplier's
cost.
5.5 The Company may designate Load Managed Areas:
5.5.1 any time up to and including 31 March 1998; and
5.5.2 any time from [31 August 1998].
(For the avoidance of doubt, the Company shall not designate Load
Managed Areas during the period from 1 April 1998 to 30 August
1998 inclusive).
39.PROVISIONAL SECURITY RESTRICTION NOTICES
6.1 The Company may from time to time issue a Provisional Security
Restriction Notice where in the Company's opinion the changes to SSCs
in force at particular Metering Points since the Effective Date of a
Load Managed Area Notice have increased the coincidence of Demand in
the whole or part of the area identified in that notice so as to
materially infringe the Capacity Headroom on such area since the issue
of that notice.
6.2 A Provisional SRN shall be sent to the User, all other Suppliers and
the Director.
6.3 A Provisional SRN shall be effective when received or deemed received
in accordance with Clause 24.5.2 and shall indicate:
the geographical area to which it applies by map, postcode or such
other method as the Company considers reasonable;
the time or times of day during which Capacity Headroom has been
infringed from the Effective Date of the Load Managed Area
Notice; and
that it shall continue in force until withdrawn in writing by the
Company by serving a notice on all Suppliers.
6.4 The parties acknowledge and agree that the issue of a Provisional SRN
constitutes notice that:
(i) any modifications of Customer Demand induced by changes to SSCs
in the area identified in such notice may threaten Security of
Supply;
(ii) Firm SRNs and Emergency SRNs may be issued in respect of that
area and that such notices will normally not be issued within 30
days of the Effective Date of the relevant Provisional SRN;
(iii) any future changes to SSCs in force at particular Metering
Points in that area may be subject at the request of the
Company to change in accordance with paragraph 7.5 or 8.5 ;
and
(iv) any changes to switching times in order to effect changes to
SSCs referred to in paragraph 6.4(iii) will if requested by
the Company pursuant to paragraph 7.5 or 8.5 or if made
voluntarily by a Supplier be at the relevant Supplier's cost.
40.FIRM SECURITY RESTRICTION NOTICES
7.1 The Company may from time to time issue a Firm Security Restriction
Notice where in the Company's opinion the changes to SSCs in force at
particular Metering Points since the Effective Date of a Load Managed
Area Notice have increased the coincidence of Demand in the whole or
part of the area identified in that notice and as a result there is a
material risk to Security of Supply.
7.2 A Firm SRN shall be sent to the User, all other Suppliers and the
Director.
7.3 A Firm SRN shall be effective when received or deemed received in
accordance with Clause 24.5.2 and shall indicate:
the geographical area to which it applies by map, postcode or such
other method as the Company considers reasonable;
the time or times of day during which Capacity Headroom is infringed
and into which Demand cannot be moved as a result of changes to
switching times by Suppliers;
the time or times of day during which there is sufficient capacity at
the Effective Date of the Firm SRN into which Demand can be
moved; and
that it shall continue in force until withdrawn in writing by the
Company by serving a notice on all Suppliers.
7.4 The parties acknowledge and agree that the issue of a Firm SRN
constitutes notice that:
(i) any modifications of Customer Demand induced by changes to SSCs
in the area identified in such notice may threaten Security of
Supply;
(ii) Emergency SRNs may be issued in respect of that area and that
such notices will normally not be issued within 30 days of the
Effective Date of the relevant Firm SRN;
(iii)any future changes to SSCs in force at particular Metering
Points in that area may be subject at the request of the Company
to change in accordance with paragraph 7.5 or 8.5; and
(iv) any changes to switching times in order to effect changes to SSCs
referred to in paragraph 7.4(iii) will if requested by the
Company pursuant to paragraph 7.5 or 8.5 or if made voluntarily
by a Supplier be at the relevant Supplier's cost.
7.5 When the Company issues a Firm SRN it may where it reasonably believes
that SSCs allocated in respect of the Customers of a Supplier since
the Effective Date of the relevant Load Managed Area Notice or
Provisional SRN have materially contributed to the risk to Security of
Supply in respect of which the Firm SRN has been issued, also send a
separate notice to that Supplier and a copy to the Director, requiring
it to change at the Supplier's cost within such period of time as the
Company considers reasonable the SSCs in force at particular Metering
Points in the area designated in the Firm SRN to the SSCs for the
relevant Metering Points at the Effective Date of the relevant
Provisional SRN or where the Company reasonably believes it is
necessary to such other SSCs as shall not have a materially adverse
effect on Security of Supply or to take such other action as the
Company considers reasonable.
41.EMERGENCY SECURITY RESTRICTION NOTICES
8.1 The Company may at any time issue an Emergency Security Restriction
Notice where in the Company's opinion there is an immediate risk to
Security of Supply. (For the avoidance of doubt the issue of an
Emergency SRN shall not be restricted to Load Managed Areas).
8.2 An Emergency SRN shall be sent to the User, all other Suppliers and
the Director.
8.3 An Emergency SRN shall be effective when received or deemed received
in accordance with paragraph 11.3 below and shall indicate:
the geographical area to which it applies by map, postcode or such
other method as the Company considers reasonable;
the time or times of day into which Demand cannot be moved as a
result of changes to switching times by Suppliers;
the time or times of day during which there is sufficient capacity at
the Effective Date of the Emergency SRN into which Demand can by
moved; and
that it shall continue in force until withdrawn in writing by the
Company by serving a notice on all Suppliers.
8.4 The parties acknowledge and agree that the issue of an Emergency SRN
constitutes notice that:
(i) any modifications of Customer Demand induced by changes to SSCs
in the area identified in that notice may threaten Security of
Supply;
(ii) any future changes to SSCs in force at particular Metering Points
in that area may be subject to reversion to the SSCs for the
relevant Metering Points at the Effective Date of the Emergency
SRN or such other SSCs as shall not have a materially adverse
effect on Security of Supply; and
(iii)any changes to switching times in order to effect changes to
SSCs referred to in paragraph 8.4(ii) will if requested by the
Company be at the relevant Supplier's cost.
8.5 When the Company issues an Emergency SRN it may where it reasonably
believes that SSCs allocated in respect of the Customers of a Supplier
have materially contributed to the risk to Security of Supply in
respect of which the Emergency SRN has been issued, also send a
Compliance Notice to that Supplier and a copy to the Director. A
Compliance Notice shall require the Supplier to change at the
Supplier's cost within such period of time as the Company considers
reasonable the SSCs in force at particular Metering Points in the area
designated in the Emergency SRN to the SSCs for the relevant Metering
Points at the Effective Date of the relevant Firm SRN or where the
Company reasonably believes it is necessary to such other SSCs as
shall not have a materially adverse effect on Security of Supply or to
take such other action as the Company considers reasonable. PROVIDED
that where the Company requires changes to SSCs in an area which is
not a Load Managed Area or to SSCs which have not been modified by the
Supplier since the Effective Date of the current Load Managed Area
Notice then the cost of Meter Operator visits required to affect such
changes shall be at the Company's cost.
8.6 Failure to Comply with an Emergency SRN or a Compliance Notice shall
constitute a breach of this Agreement and the Company may with no
prior notice to the User where the User is in such breach De-energise
any Metering Point affected by the Emergency SRN or Compliance Notice
for which the User is registered in MPAS as the Supplier.
42.CONFIDENTIALITY
9.1 Any notice issued by either party pursuant to this Schedule 11 shall
be confidential and neither party shall pass on any information
contained in such notice to any other person but shall only be able to
say that there has been an incident on the Total System and (if known
and if power supplies have been affected) an estimated time of return
to service.
43.APPEALS PROCEDURE
10.1 The parties shall attempt to resolve in good faith any dispute in
relation to this Schedule 11. Where the dispute remains unresolved
after 14 days either party may refer the dispute to the Director for
determination. Any determination by the Director shall be final and
binding.
44.NOTICES
11.1 Save as provided in paragraph 11.2 a notice, approval, consent or
other communication to be made by one party under or in connection
with this Schedule 11 shall be in writing and shall be delivered
personally or sent by first class post, courier or fax to the other
party at the address specified in this paragraph and marked for the
attention of the person so specified:
if to the Company, to:
Address:
Facsimile:
Attention:
if to the User, to:
Address:
Facsimile:
Attention:
or to such other persons, addresses or facsimile numbers as the relevant
party may from time to time specify by notice in writing to the other
party.
11.2 An Emergency SRN shall be dictated by the Company to the User to the
person(s) specified in this paragraph on the telephone number so
specified who shall record it and on completion shall repeat the
notification in full to the Company and check that it has been
accurately recorded:
Attention:
Telephone Number:
or to such other persons or telephone numbers as the User may from time
to time specify by notice in writing to the Company, PROVIDED THAT the
User shall ensure that such person(s) shall be contactable at the
specified telephone number at all times.
11.3 An Emergency Security Restriction Notice shall be deemed received when
the Company has dictated it to the User.
11.4 The Company shall also send an Emergency SRN in writing as soon as
reasonably practicable to the User in accordance with paragraph 11.1
above (for the avoidance of doubt, such notice shall be for the record
and shall not replace the notice given in accordance with paragraph
11.2 but shall be deemed received in accordance with Clause 24.5.2 of
this Agreement)
12. REVIEW PROCEDURE
12.1 The Company shall, no later than the later of 6 months after its
Effective Date or 6 months after its last review, review every Load
Managed Area Notice, Provisional SRN, Firm SRN and Emergency SRN
issued by it pursuant to this Schedule 11 which is still in force.
12.2 Where the Company reasonably believes that the relevant notice should
continue in force it will notify all Suppliers and the Director
accordingly, together with its reasons.
12.3 Where the Company reasonably believes that the relevant notice should
not continue in force it will withdraw the relevant notice and notify
all Suppliers and the Director.
SCHEDULE 12
Standard Connection Agreement
Standard Terms of Connection
(A) The electricity you receive from your electricity supplier will
be delivered using the distribution network run by your local
network operator. To receive a supply of electricity you require
both:
a connection agreement with your local network operator to
maintain the connection of your premises to the network; and
a supply contract with your electricity supplier.
(B) Your electricity supplier has been appointed as the agent of your
local network operator to obtain a connection agreement with you
on these standard terms. When you enter into your electricity
supply contract, you are also entering into this connection
agreement with your local network operator.
(1)Interpretation: In this agreement the terms "we", "our" and "local
network operator" mean, for each connection to a network through
which you are supplied under your electricity supply contract,
the public electricity supplier which owns or operates that
network.
(2) Existing terms: Any existing terms applying to your connection to
our network (except for our tariff terms or another standard
connection agreement) will apply instead of this agreement to the
extent that they are inconsistent with this agreement.
(3) Duration of this connection agreement: This agreement takes
effect from the time that your electricity supply contract takes
effect and will continue (even if your electricity supply
contract ends) until it ends under Clause 11 below.
(4) Connection to our network: Your premises will remain connected to
our network in accordance with the provisions of the Electricity
Xxx 0000, any other legal requirements that apply from time to
time, and the terms of this agreement.
(5) Network constraints: Our obligations under this agreement are
subject to the maximum capacity and any other design feature of
your connection. In accordance with existing legal rules, you
must contact us in advance if you propose to make any significant
change to your connection, electric lines or electrical
equipment, install or operate generating equipment or do anything
else that could affect our network or require alterations to your
connection.
(6) Delivery of electricity: We do not guarantee that we will deliver
electricity through our network at all times or that electricity
delivered through our network will be free of brief variations in
voltage or frequency.
(7) Cutting off your supply: We may cut off the supply of electricity
to your connection where we are entitled to do so under the
general law. We may also cut off your supply of electricity where
we are required to do so under your electricity supply contract
or the electricity industry arrangements under which we operate.
If something goes wrong: If we fail to comply with any term of this
agreement, or are negligent, you may be entitled under the
general law to recover compensation from us for any loss you have
suffered. However, we will not be required to compensate you for
loss caused by anything beyond our reasonable control, or for any
indirect, consequential, economic or financial loss (including
losses of revenue, profit or opportunity, wasted expenses or loss
of contract or goodwill), other than where you are entitled to
recover compensation for such loss under the general law in
relation to death or personal injury.
(8) Business customers: If the electricity supplied to your premises
is used wholly or mainly for business purposes, each of us will
only be liable to the other in accordance with the limitations in
Clause 8 and up to a maximum of (pound)100,000 per calendar year.
(9)Changing this connection agreement: The terms of this connection
agreement will be changed automatically to incorporate any
changes which are approved by the Director General of Electricity
Supply. Any change which is approved will be announced in at
least three national daily newspapers and will take effect from
the date stated in those announcements.
Either of us may ask the other to accept a change to any part of
this agreement at any time if either believes the change is
needed because of the nature of your connection or because
this agreement is no longer appropriate. (It is unlikely
that we will propose any changes unless your connection is
at high voltage, you have generating equipment or there are
other special features.) If a change is proposed under this
clause, and cannot be agreed between us within 28 days,
either of us may ask the Director General of Electricity
Supply to decide whether or not the change should be made.
(10)Ending this connection agreement: This agreement will end in
relation to a connection when one of the following occurs:
you begin to take your electricity supply through that
connection from us on our tariff terms;
you permanently stop having electricity delivered through that
connection;
you no longer either own or occupy the premises at which that
connection is situated; or
any circumstances arise which legally entitle us to cut off your
electricity supply to that connection and we write to you
advising you that this agreement is ended.
The ending of this agreement will not affect any rights, remedies or
obligations which may have come into being under this agreement and
Clauses 8 and 9 will continue to apply to those rights, remedies and
obligations.
(11)Transferring this connection agreement: You are not entitled to
transfer this agreement to another person without our consent.
(12) Providing information: You must provide us with any information
we request in relation to the nature, or use by you, of
electrical equipment on your premises. We will only ask for
information that we need in relation to this agreement or the
Distribution Code that applies under our Public Electricity
Supply Licence.
Edition 1
SCHEDULE 13
Reporting
The report by the Company pursuant to Clause 16.9 shall be a report
by the Distribution Business on the standards set out below,
excluding those standards which are specific to the Supply
Business.
Standard Description Reporting Details:
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Total within Authorised Area
for customers of all suppliers of
electricity
GS1 Main fuse failure Number of failures within the last quarter
GS2 Supply network failure Number of failures within the last quarter
GS3 Giving Supply by installing a Number of failures within the last quarter
meter
GS4 Estimating the cost of a new Number of failures within the last quarter
supply
GS5 Planned supply interruption Number of failures within the last quarter
GS6 Supply voltage Number of failures within the last quarter
GS7 Meter accuracy Number of failures within the last quarter
GS8 Account queries Number of failures within the last quarter
GS9 Appointment on electricity Number of failures within the last quarter
supply business
GS10 Penalty payments Number of failures within the last quarter
OS1 Restoration of supply Number of failures within the last quarter
following distribution system
failure over 1 minute
OS2 Correction of non-statutory Number of failures within the last quarter
voltage levels
OS3 Provision of a new supply Number of failures within the last quarter
OS4 Reconnection following Number of failures within the last quarter
disconnection for non-payment
OS5 Resiting whole current meters Number of failures within the last quarter
OS6 Changing a meter to affect a Number of failures within the last quarter
change in the basis of
charging for supply
OS7 Obtaining firm/customer meter Number of failures within the last quarter
readings
OS8 Responding to written queries Number of failures within the last quarter
