S.I. No. 522 of 2002

Electricity Regulation Act, 1999 (Gas) Levy Order, 2002

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S.I. No. 522 of 2002 .

Electricity Regulation Act, 1999 (Gas) Levy Order, 2002.

The Commission for Energy Regulation in exercise of the powers conferred on it by the Electricity Regulation Act, 1999 (No. 23 of 1999) , as amended by the Gas (Interim) (Regulation) Act, 2002 ( No. 10 of 2002 ) hereby makes the following Order:

1.         (1)       This Order may be cited as the Electricity Regulation Act, 1999 (Gas) Levy Order, 2002.

(2)       This Order shall come into operation on the 20th day of November, 2002.

2.         (1)       In this Order -

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

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

“Code” means the code of operations of Bord Gáis Éireann in relation to the transmission system of Bord Gáis Éireann as that Code may be amended or varied from time to time and any successor code or arrangement;

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

“Final Allocations” means Final Allocations at the Exit Points;

“the Gas Act” means the Gas (Interim) (Regulation) Act, 2002 ;

“levy year” means the year to 31^st December 2002;

“relevant period” means the 12 month period expiring on the 30^th day of September 2002;

“relevant quantity” in respect of a Shipper means the aggregate of Final Allocation[s] allocated to that Shipper in respect of the relevant period;

“relevant percentage” in respect of a Shipper means the percentage (rounded upwards to four decimal places) which the relevant quantity in respect of that Shipper represents of the aggregate of the Final Allocations allocated to all Shippers in respect of the relevant period; and and any cognate words shall be construed accordingly.

(2)        In this Order unless it is otherwise indicated -

(a)        all words and expressions defined in the Act or in the Gas Act shall have the same meanings when used in this Order and where in any case a word or expression used in this Order is defined in each of the Act and the Gas Act, the word or expression shall have the meaning given to it by the Gas Act for the purposes of this Order;

(b)        all words and expressions defined in the Code shall have the same meanings when used in this Order;

(c)        a reference to an article or schedule is to an article of, or schedule to, this Order; and

(d)        a reference to a sub-article is to the sub-article of the provision in which the reference occurs.

3.         This Order shall apply to the classes of natural gas undertakings set out in the Schedule to this Order (“relevant undertakings”).

4.         A levy is hereby imposed on each relevant undertaking in respect of the levy year. The levy shall be payable no later than the 13^th day of December 2002.

5.       (1)         The levy imposed shall be payable by the relevant undertaking separately for each activity of transmission, distribution or shipping of natural gas, as the case may be, that is carried out by the relevant undertaking in Ireland.

(2)       The amount of the levy imposed on a relevant undertaking in respect of the levy year shall be a follows:

(i)         in the case of Bord Gáis Éireann in respect of such transmission activities, a fixed payment of €912,832;

(ii)        in the case of Bord Gáis Éireann in respect of such distribution activities, a fixed payment of €912,832;

(iii)       in the case of a Shipper the relevant percentage of €912,832.

6.         Bord Gáis Éireann shall supply to the Commission the information required to calculate the relevant percentage and the relevant quantity for each Shipper in respect of the relevant period.

7.         (1)       Where any amount falling to be paid under Article 5 is not paid within the period for payment specified in Article 4, interest thereon shall accrue at the prescribed interest rate compounded monthly from the date when such payment is due until the same is made.

(2)       In this Regulation, “the prescribed interest rate” means a rate 2% per annum above the Euribor rate.

8.         (1)       All payments shall be made in Euro on the due date by direct bank transfer or equivalent instantaneous transfer of funds to the bank account specified by the Commission.

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

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

Schedule

The relevant undertakings for the purposes of this Levy Order are a class consisting of any person engaged [or who has at any time during the relevant period been engaged] in the transmission or distribution of natural gas in Ireland or as a Shipper.

Sealed with the common seal of the Commission for Energy Regulation on the 20^th day of November 2002.

Explanatory Note

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

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