Electricity (Amendment) Regulations, 2008

L.N. 234 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Electricity (Amendment) Regulations, 2008

IN exercise of the powers conferred by sub-article (1) of article

28 of the Malta Resources Authority Act, the Minister for Resources

and Rural Affairs, after consultation with the Malta Resources Authority

has made the following regulations >–

(1) The title of these regulations is the Electricity Citation and

commencement.

(Amendment) Regulations, 2008 and shall be read and construed as

one with the Electricity Regulations, 2004 hereinafter referred to as L.N. 511 of 2004.

“the principal regulations”.

(2) These regulations shall come into force on the 23rd

September, 2008.

Regulation 1 of the principal regulations shall be amended as Amends regulation

1 of the principal

follows>-

regulations.

(a) in subregulation (2) thereof, immediately after the words

“their obligations.” there shall be added the words “These

regulations also establish measures for the safeguarding of security

of electricity supply so as to ensure the proper functioning of the

market for electricity and to ensure an adequate level of generation

capacity, an adequate balance between supply and demand, and

an appropriate level of interconnection.”< and

(b) in subregulation (3) thereof, the words “repealing

Directive 96#92#EC.” shall be substituted by the words “repealing

Directive 96#92#EC, and to Directive 2005#89#EC of the European

Parliament and of the Council of the 18 th January, 2006 concerning

measures to safeguard security of electricity supply and

infrastructure investment.”.

Regulation 2 of the principal regulations shall be amended as Amends regulation

2 of the principal

follows>-

regulations.

(a) immediately after the definition “ancillary services” there

shall be inserted the following new definition>-

“balance between supply and demand” means the

satisfaction of foreseeable demands of consumers to use

electricity without the need to enforce measures to reduce

consumption<”<

(b) immediately after the definition “non-household

customers” there shall be inserted the following new definition>-

“operational network security” means the continuous

operation of the distribution network under foreseeable

circumstances<”< and

(c) immediately after the definition “security” there shall

be inserted the following new definition>-

“security of electricity supply” means the ability of an

electricity system to supply final customers with electricity<”.

Regulation 13 of the principal regulations shall be amended

as follows>-

(a) in subregulation (2) thereof, immediately before the

words “within Malta” there shall be inserted the following new

words “so as to ensure continuity of electricity supplies”<

(b) in subregulation (6) thereof, immediately after the words

“electricity capacity.” there shall be added the words “Demand–

side management may include real-time management technologies

such as advanced metering systems.”<

(c) in subregulation (7) thereof, the words “direct lines.”

shall be substituted by the following words “direct lines, and set

the minimum operational rules and obligations on network security

and the level of foreseeable circumstances in which security shall

be maintained.”< and

(d) immediately after subregulation (8) thereof, there shall

be added the following new subregulations>

“(9) When planning interconnections with other

systems the distribution system operator shall give special

consideration to the specific geographical situation of Malta,

the need to maintain a reasonable balance between the costs

of building new interconnectors and the benefit to final

customers of such interconnection, and if appropriate,

ensuring that existing interconnectors are used as efficiently

as possible.

(10) The distribution system operator shall, set and

meet quality of supply and network security performance

objectives. The performance objectives shall be objective,

transparent and non-discriminatory and be published>

Provided that such performance objectives shall be

subject to the approval and monitoring of the Authority.

(11) The distribution system operator shall, before the

adoption of any of the measures mentioned in this regulation,

take into account the impact of such measures on the cost of

electricity to final customers.”.

Regulation 21 of the principal regulations shall be amended Amends regulation

21 of the principal

as follows>

regulations.

(a)

in subregulation (1) thereof>

(i) Immediately after the words “distribution capacity,

all ancillary services” there shall be added the words “,

operational network security”< and

(ii) the words “and of the demand for electricity. The

estimate shall cover the period of the subsequent five years.”

shall be substituted by the words “, the projected balance of

supply and demand for the next five year period, and the

prospects for security of electricity supply covering the period

between five and 15 years from the date of the report.”<

(b) subregulation (2) thereof shall be substituted as follows>

“(2) The Authority shall monitor the estimates

produced as per subregulation (1) and publish a report every

two years, by the 31st July at the latest. The report shall be

drawn in cooperation with the distribution system operator

and shall cover, in particular, the projected balance of supply

and demand on the market for the next five years, the level of

expected future demand and envisaged additional capacity

being planned or under construction and the quality and level

of maintenance of the networks, as well as measures to cover

peak demand and to address any envisaged shortfalls on the

market, the prospects for security of electricity supply for the

period between five and 15 years from the date of the report,

investment intentions for the next five or more calendar years

of the distribution system operator including any known plans

for interconnection investment. The part of the report on

interconnection investment, if appropriate, shall take account

of>

(a) the principles of congestion management, as

set out in Regulation (EC) No 1228#2003<

(b) existing and planned transmission lines<

(c) expected patterns of generation, supply, cross-

border exchanges and consumption, allowing for demand

management measures<

(d) regional, national and European sustainable

development objectives, including those projects forming

part of the Axes for priority projects set out in Annex I

to Decision No 1229#2003#EC.” < and

(c)

subregulation (3) thereof shall be amended as follows>-

(i) immediately after the words “energy market” there

shall be inserted the following new words”“or emergency

situations”< and

(ii) for the words “the Commission”, there shall be

substituted the words “the Commission>” and immediately

thereafter there shall be added the following new proviso>

“Provided that any curtailment of supply shall be based

on predefined criteria relating to the management of

imbalances by the distribution system operator.”.

For subregulation (2) of regulation 26 of the principal

regulations, there shall be substituted the following>

“(2) Enemalta Corporation shall maintain or procure an

appropriate level of reserve generation capacity, including

availability of back-up capacity for electricity from renewable

energy sources and cogeneration, where technically necessary, in

order to achieve and maintain standards of reliability and maintain

a balance between demand and supply and stable operation, as

established by the Authority, for the supply of electricity to meet

demand.”.

In item (v) of paragraph (d) in Schedule II to the principal

regulations, immediately after the words “efficient use” there shall be

added the words “and conservation”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€0.37