Sarah Pollock

This Practice Note provides a detailed overview of the primary rights and obligations which apply to those who are successful in winning Capacity Market support. These rights and obligations, to the extent they apply during the years when capacity providers are obliged to provide capacity, are often known by the term ‘capacity agreement’ as this is the way in which they are defined in the legislation and rules underpinning the Capacity Market scheme. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Freehills.

This Practice Note provides a detailed overview of the prequalification and auction process through which Capacity Market support is awarded to successful applicants. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Freehills

This Practice Note looks at the Capacity Market (CM) under the electricity market reform (EMR) programme. It provides an introduction to the purpose and legal basis of the Capacity Market, explains what types of electrical capacity Capacity Market support is available to, how Capacity Market support is won, and the form that Capacity Market support takes. It also provides an overview of the key parties involved in the Capacity Market, the Capacity Market auctions that have taken place to date and the key Capacity Market legislation, rules, guidance and consultation documents. It include analysis of the annulment and subsequent re-confirmation of State aid clearance for the Capacity Market mechanism, following the General Court’s 15 November 2018 judgment in respect of Case T-793/14 Tempus Energy Ltd and Tempus Energy Technology Ltd v Commission.