Photovoltaic Installations) (Amendment No. 3) Regulations, 2017

L.N. 120 of 2017

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Feed-in Tariffs Scheme (Electricity Generated from Solar

Photovoltaic Installations) (Amendment No. 3) Regulations, 2017

IN exercise of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Prime Minister,

after consultation with the Regulator for Energy and Water Services,

has made the following regulations

The title of these regulations is the Feed-in Tariffs Scheme

(Electricity Generated from Solar Photovoltaic Installations)

(Amendment No. 3) Regulations, 2017, and these regulations shall be

read and construed as one with the Feed-in Tariffs Scheme

(Electricity Generated from Solar Photovoltaic Installations)

Regulations, hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "marginal cost per unit" shall be

deleted;

(b)

immediately after the definition of "premises

code", there shall be added the following new definition

" "proxy for the market price" means the average of

the estimated variable cost of meeting the demand forecast

for a given year from locally generated conventional and

imported electricity, with the demand assumption

excluding that portion of the forecast demand which is not

expected to be met by conventional and imported

electricity;".

In paragraphs (b) and (c) of sub-regulation (6) of

regulation 4 of the principal regulations, the words "marginal cost"

shall be substituted wherever they occur by the words "proxy for the

market price established under the Fourth Schedule".

Regulation 4A of the principal regulations shall be

amended as follows

(a)

the words "marginal cost of electricity" shall be

substituted by the words "proxy for the market price

established";

(b)

in the English version of the principal regulations,

in paragraph (b) thereof the words "marginal cost" shall be

deleted and substituted by the words "proxy for the market price

established"; and

(c)

in paragraph (d) (i) and (ii) thereof, the words

"marginal cost" shall be substituted by the words "proxy for the

market price established under the Fourth Schedule".

In regulation 6 of the principal regulations, the words Amends

"marginal cost per unit incurred by the distribution system operator as regulation

the principal

established in the Fourth Schedule" shall be substituted by the words regulations.

"proxy for the market price established under the Fourth Schedule".

In sub-regulation (2) of regulation 12 of the principal Amends

regulations, the words "marginal cost" shall be substituted by the regulation

the principal

words "proxy for the market price established under the Fourth regulations.

Schedule".

Immediately after regulation 4A of the principal Adds new

regulation 4B to

regulations there shall be added the following new regulation

the principal

regulations.

4B. Any installation operator, who in force

"Transitory

provision.

of the Feed-In Tariffs (Electricity Generated

From

Solar

Photovoltaic

Installations)

Regulations, or in force of these regulations, is

being paid or may be paid the marginal cost,

however so described, shall as from the entry into

force of this regulation, be paid the proxy for the

market price.".

The Fourth Schedule to the principal regulations shall be Substitutes the

Fourth Schedule

substituted by the following new Schedule

to the principal

regulations.

"FOURTH SCHEDULE

(Regulations 4, 4A, 6, 9, 12)

Electricity rate per kWh applicable for electricity generated and

exported to the distribution system

(a)

in the case referred to in regulation 4(6)(b) and 4

(6) (c); or

(b)

in the case referred to in regulation 4A; or

(c)

after the expiry of the period of guaranteed

payment of the feed in tariff; or

(d)

where the thresholds established in the Second

Schedule for the eligibility of the FIT are exceeded the rate shall

be determined to be the proxy for the market price for electricity

to be incurred by the distribution system operator for the

particular year as approved by the Regulator.

The Regulator may define which cost items may be

considered in the determination of the proxy for the market

The rate determined to be the proxy for the market price

for the year 2017 shall be of seven cents and twenty-five mils

(€0.07,25) per kWh.".

€0.27