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reg 38

Contract maximum demand and declared sent‑out capacity

In force

38 Contract maximum demand and declared sent‑out capacity

(1)

If the user’s access agreement in respect of a connection sets out a contract maximum demand for that connection, then the user must use reasonable endeavours to ensure that the user’s actual demand at that connection does not exceed that contract maximum demand.

(2)

The declared sent‑out capacity of a generating unit which is not an embedded generating unit is the capacity of the generating unit to generate and transfer electricity to the electricity transmission network, taking into account any electricity used at the connection.

(3)

The declared sent‑out capacity of an embedded generating unit is the capacity of the generating unit to generate and transfer electricity to the electricity transmission network, taking into account any electricity used at the connection or supplied to persons otherwise than through the electricity transmission network.

(4)

Subject to subregulation (10), the declared sent‑out capacity for a generating unit is the figure published by a corporation in respect of the generating unit from time to time.

(5)

A corporation must publish the declared sent‑out capacity for generating units as at 1 April 2006 on or before 1 May 2006.

(6)

Subject to the terms of the relevant access agreement, if a user wishes to change the declared sent‑out capacity of a generating unit connected at a connection of the user for a financial year, then the user must notify the corporation in writing of the new declared sent‑out capacity of the generating unit not less than 30 business days prior to the start of the financial year.

(7)

If a user does not give a notice in accordance with subregulation (6) in respect of a generating unit connected at one of its entry points prior to the start of a financial year, then, subject to subregulation (10), the declared sent‑out capacity of the generating unit for that financial year is the same as it was for the preceding financial year.

(8)

Subject to subregulation (10), the declared sent‑out capacity for a financial year for a generating unit connected at a connection commissioned during the financial year is the figure agreed between the corporation and the user in respect of the entry point prior to electricity first being transferred between the electricity transmission network and the connection.

(9)

The declared sent‑out capacity of a generating unit for a financial year set out in a notice given under subregulation (6) must not exceed the declared sent‑out capacity of the generating unit for the immediately preceding financial year without the prior written agreement of the corporation.

(10)

A corporation and a user may vary the declared sent‑out capacity of a generating unit connected at a connection of the user for a financial year by agreement.

[Regulation 38 amended: Gazette 31 Mar 2006 p. 1335 and 1338‑40.]

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