EXHIBIT 10.5
The Regulation Manager
Yorkshire Electricity
Wetherby Road
Scarcroft
LEEDS
LS143 HS
MODIFICATION OF LICENCE CONDITION
Whereas:
(1) Yorkshire Electricity ("the licencee") has been granted a licence ("the
licence") under Section 6(2) of the Electricity Act 1989 ("the Act") to
supply electricity to premises in Scotland specified or of a description
specified in the licence subject to the Conditions contained in the
licence;
(2) In accordance with Section 11(2) of the Act the Director gave notice of his
intention to make modifications to Condition 2 of the licence by
advertising the modifications in the London Gazette, the Edinburgh Gazette,
the Financial Times and the Scotsman requiring any objections or
representations to the modifications to be made to him on or before 27
March 1992;
(3) The Director has considered the representations or objections which were
duly made and not withdrawn;
(4) The licencee has given his consent to the modifications, set out in the
Schedule attached which the Director General of Electricity Supply ("the
Director") proposed to Condition 2 of the licence.
Now in accordance with the powers contained in Section 11(1) of the Act and with
the consent of the licencee the Director hereby modifies Condition 2 of the
licence in the manner specified in the Schedule attached with effect from 16
June 1992.
ROBERT IRVINE
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Authorised on behalf of
The Director General of Electricity Supply
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Schedule
Condition 2 of each licence which has been granted under Section 6(2)(a) of the
Act (other than the licence granted to London Electricity plc) shall be modified
by the addition of the following 2 paragraphs after paragraph 7-
7A. For the purpose of this Condition occupation of any premises by an
affiliate of a person shall be deemed to be occupation by that person.
7B. (1) In this paragraph -
"customer B" means that the customer for the time being of the
licencee in respect of premises A;
"permitted quantity" means 10 per cent of the quantity of electricity
supplied by the licencee to customer B in respest of premises A in the
relevant year;
"premises A" means a site or building which, if in the occupation of a
single customer, would be capable of being a single premises; and
"relevant year" means the period of 12 months commencing on the date
upon which the licencee starts to supply premises A and (if such
supply is provided for a continuous period exceeding 12 months) each
anniversary of that date until such supply shall cease.
(2) Where during a relevant year -
(i) premises A are occupied by more than one person;
(ii) customer B supplies the other person or persons who are in
occupation of premises A or supplies one or more of such
persons who supply the other occupiers;
(iii) each of the persons referred to in subparagraph (ii) who
provides a supply is exempt by or under an Order under Section 5
of the Act from the requirement to hold a licence to supply; and
(iv) customer B does not supply an aggregate quantity of
electricity to such other occupiers in any relevant year which
may reasonably be expected to exceed or actually exceeds the
permitted quantity,
the occupation of premises A by the persons other than customer B
shall be deemed to be occupation by customer B.
(3) The licencee shall, at the request of the public electricity supplier
in whose authorised area premises A are situated, provide not more
that once in any period of 3 months in a relevant year, evidence to
the supplier that the licencee reasonably believes that the aggregate
quantity of electricity expected to be supplied by customer B during
the relevant year will not exceed the permitted quantity including,
where at the date of such request any such supply has been provided
during the relevant year, evidence as to the quantity so supplied.
(4) Where customer B has supplied a quantity of electricity to such other
occupiers which in aggregate exceeds the permitted quantity, the
licencee shall pay to the public electricity supplier in whose
authorised area premises A are situated a sum calculated by
multiplying the number of units by which the actual supply to such
other occupiers exceeds the permitted quantity by 5 per cent of the
standard tariff price per unit charged by that public electricity
supplier for customers of the type or types of such other occupiers
(but excluding any standing charge or other charge not fixed solely by
reference to the number of units consumed) or in the absence of
agreement as to the appropriate tariff such rate as may be determined
by the Director at the request of the licencee or the public
electricity supplier.
(5) For the purposes of this paragraph there shall be disregarded -
(i) the quantity of electricity supplied by customer B to an
occupier of premises A who has a relevant demand above the
franchise limit;
(ii) the quantity of electricity supplied to customer B equal to
the quantity supplied by customer B in accordance with
subparagraph (i); and
(iii) the occupation by the occupier (other than customer B)
referred to in subparagraph (i).
(6) To the extent that, disregarding subparagraph (2), the licencee would
have been permitted to provide a supply to customer B's premises under
this Condition, the provisions of this paragraph shall not apply.
30 June 1993
Ms. Lynne Burkey
Regulation Coordinator
Yorkshire Electricity Group plc
Wetherby Road
Scarcroft
LEEDS LS14 3HS
Dear Ms. Burkey,
MODIFICATION OF LICENCE
Whereas:
(1) Yorkshire Electricity ("the licencee") has been granted a licence ("the
licence") under Section 6(2) of the Electricity Act 1989 ("the Act") to
supply electricity to premises in Scotland specified or of a description
specified in the licence subject to the conditions contained in the
licence;
(2) In accordance with Section 11(2) of the Act the Director General of
Electricity Supply ("the Director") gave notice of his intention to make
modifications to the conditions in the licence relating to the compulsory
acquisition of land, etc., and powers to carry out street works, etc., by
advertising the modifications in the Edinburgh Gazette and The Scotsman,
requiring any objections or representation to the modifications to be made
to him on or before 23 June 1993;
(3) The Director has considered the representations or objections which were
duly made and not withdrawn;
(4) In accordance with Section 11(4) of the Act the Director gave notice of his
intention to make the modifications to the Secretary of State and has not
received a direction not to make the modifications; and
(5) The licencee has given his consent to the modifications, set out in the
Schedule attached which the Director proposed to the licence.
Now in accordance with the powers contained in Section 11(1) of the Act and with
the consent of the licencee the Director hereby modifies the licence in the
manner specified in the Schedule attached with effect from 30 June 1993.
Yours sincerely,
C PETER CARTER
Authorised on behalf of
The Director General of Electricity Supply
SCHEDULE
1. The following shall be inserted in Substitution for the existing Paragraph 2
of Condition 13:
"Paragraph 1 shall cease to have effect on 31 March 1997 or such later date as
the Director may from time to time direct."
2. The following shall be inserted in Substitution for the existing Paragraph 4
of Condition 14:
"Paragraph 1 shall cease to have effect on 31 March 1997 or such later date as
the Director may from time to time direct."
11 March 1994
P B Morgan Esq.
Group Executive Director - Supply
Yorkshire Electricity Group plc
Scarcroft
Leeds
LS14 3HS
Dear Mr. Morgan
EXTENSION OF SECOND TIER SUPPLY LICENCES FOR ENGLAND, WALES AND SCOTLAND:
YORKSHIRE ELECTRICITY GROUP PLC
I am pleased to be able to enclose the extensions to the existing second tier
supply licences for the above company.
Yours sincerely,
Gwyn Nation
Regulation and Business Affairs
EXTENSION OF
A SECOND TIER LICENCE TO SUPPLY ELECTRICITY
Whereas on 8 June 1990 the Director General of Electricity Supply, in accordance
with a general authority ("the authority") given by the Secretary of State under
Section 6(1) and (2) of the Electricity Act of 1989 ("the Act") and in exercise
of the powers conferred by section (6)(2)(a), section 6(6), section 7 and
section 10 of the Act granted a licence ("the licence") to Yorkshire Electricity
Group plc ("the licencee") (registered in England under number 2366995) to
supply electricity to the premises specified in Schedule 1 to the licence,
subject to the conditions set out in Part II of the licence and to the terms as
to revocation specified in Schedule 2 to the licence for the period determinable
in accordance with paragraph 3 of Part 1 of the licence.
The Director General of Electricity Supply, in exercise of the powers conferred
by the authority and by section 6(2)(b) of the Act hereby extends the premises
authorised to be supplied by the licencee under the licence by the addition to
the premises specified in the Schedule 1 to the licence of the premises
specified in the Schedule hereto with effect from 14 March 1994.
DR. EILEEN MARSHALL
AUTHORISED ON BEHALF OF THE
DIRECTOR GENERAL OF ELECTRICITY SUPPLY
11 MARCH 1994
SCHEDULE
Specified Premises
All premises other than those which, during the franchise period, have a maximum
demand at or below the franchise limit in the authorised areas of the following
public electricity supply companies together with such premises as may, from
time to time, be specified by the Director (with the approval of the Secretary
of State) for the purposes of paragraph 5 of condition 2 of this licence:
East Midlands Electricity plc
Eastern Electricity plc
London Electricity plc
MANWEB plc
Millan#s Electricity plc
Northern Electric plc
NORWEB plc
SEEBOARD plc
Southern Electric plc
South Wales Electricity plc
South Western Electricity plc
(Words and phrases used or defined in Condition 2 shall have the same meaning as
when used in this schedule)
EXTENSION OF
A SECOND TIER LICENCE TO SUPPLY ELECTRICITY
Whereas on 25 March 1991 the Director General of Electricity Supply, in
accordance with a general authority ("the authority") given by the Secretary of
State under section 6(1) and (2) of the Electricity Act 1989 ("the Act") and in
exercise of the powers conferred by section (6)(2)(a), section 6(6), section 7
and section 10 of the Act granted a licence ("the licence") to Yorkshire
Electricity Group plc ("the licensee") (registered in England under number
2366995) to supply electricity to the premises specified in Schedule 1 to the
licence, subject to the conditions set out in Part II of the licence and to the
terms as to revocation specified in Schedule 2 to the licence for the period
determinable in accordance with paragraph 3 of Part 1 of the licence.
The Director General of Electricity Supply, in exercise of the powers conferred
by the authority and by section 6(2)(b) of the Act hereby extends the premises
authorised to be supplied by the licensee under the licence by the addition to
the premises specified in the Schedule 1 to the licence of the premises
specified in the Schedule hereto with effect from 14 March 1994.
Dr Eileen Marshall
authorised on behalf of the
Director General of Electricity Supply
11 March 1994
SCHEDULE
Specified Premises
All premises other than those which, during the franchise period, have a maximum
demand at or below the franchise limit in the authorised areas of the following
public electricity supply companies together with such premises as may, from
time to time, be specified by the Director (with the approval of the Secretary
of State) for the purposes of paragraph 5 of condition 2 of this licence:
Scottish Power plc
Scottish Hydro-Electric plc
(Words and phrases used or defined in Condition 2 shall have the same meaning as
when used in this schedule)
Company Secretary
Yorkshire Electricity Group plc
Wetherby Road
Scarcroft
Leeds
LS14 3HS
20 January 1998 Our Ref. LE2394\2562\013
MODIFICATION OF LICENCE
Whereas -
1. Yorkshire Electricity Group plc ('the Licensee') has been granted a licence
('the Licence') under section 6(2) of the Electricity Act 1989 ('the Act') to
supply electricity to premises in Scotland specified or of a description
specified in Schedule I to the Licence subject to the conditions contained in
the Licence.
2. In accordance with section 11(2) of the Act, the Director General of
Electricity Supply ('the Director') gave notice that he proposed to make
modifications to the Conditions of the Licence - to the effect and for the
purposes specified in that notice - by advertising the modifications in the
Edinburgh Gazette and the Scotsman on 10 October 1997 and requiring any
representations or objections to the modifications to be made to him on or
before 7 November 1997.
3. The Director has considered the representations or objections which were duly
made to him and not withdrawn.
4. In accordance with section 11(4) of the Act the Director gave notice to the
Secretary of State of his intention to make the modifications and has not
received a direction not to make the modifications.
5. The Licensee has given its consent to the modifications as set out in the
attached Schedule.
Now, in accordance with the powers contained in section 11(1) of the Act and
with the consent of the Licensee, the Director hereby modifies the Licence in
the manner specified in the attached Schedule with effect on and after 21
January 1998.
A J BOORMAN 20 January 1998
AUTHORISED ON BEHALF OF THE
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DIRECTOR GENERAL OF ELECTRICITY SUPPLY
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MINOR TYPOGRAPHICAL AMENDMENTS WERE NECESSARY TO CONDITIONS 3 AND 32 - PLEASE
INSERT AS APPROPRIATE IN ANNEXES B AND E.
MODIFICATIONS TO THE SECOND TIER SUPPLY LICENCE FOR SCOTLAND
ISSUED TO YORKSHIRE ELECTRICITY GROUP PLC
SCHEDULE
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The following modifications shall apply on and after 21 January 1998.
1. Conditon 1 shall be deleted, and new Condition 1 (the terms of which are set
out at Annex A hereto) shall be inserted in its place.
2. Conditions 2, 3 and 3A shall be deleted and new Conditions 2, 3, 4, 5 and 6
(the terms of which are set out in Annex B hereto) shall be inserted in
their place.
3. Condition 4 shall be renumbered as Condition 7, and in that Condition:
(a) paragraph 3 shall be deleted; and
(b) each occurrence of the words "licensee" and "Scottish transmission
licensee" shall be amended to read, in initial upper case, "Licensee"
and "Scottish Transmission Licensee" respectively.
4. Condition 5 shall be renumbered as Condition 8, and in that Condition:
(a) the following paragraph shall be inserted as paragraph 3:
In this Condition:
"Scottish Public Electricity means a person who holds a licence
Supplier" under Section 6(l)(c) of the Act for
an authorised supply area in
Scotland.
(b) each occurrence of the words "licensee" and "Scottish public electricity
supplier" shall be amended to read, in initial upper case, "Licensee" and
"Scottish Public Electricity Supplier".
5. Immediately after the renumbered Condition 8, new Conditions 9 and 10 (the
terms of which are set out at Annex C hereto) shall be inserted.
6. Conditions 6 and 7 shall be renumbered as Conditions 11 and 13, and in those
Conditions any and each occurrence of the words "authorised electricity
operator", "distribution system", "licence", "licensee", "licensee's
system", "transmission licensee" and "transmission system" shall be amended
to read, in initial upper case, "Authorised Electricity Operator",
"Distribution System", "Licence", "Licensee",
"Licensee's System", "Transmission Licensee" and "Transmission System"
respectively.
7. Condition 8 shall be renumbered as Condition 14, and in that Condition:
(a) in sub-paragraph 3(a) the word "Directors" shall be amended to read, in
initial lower case, "directors"; and
(b) each occurrence of the word "licensee", shall be amended to read, in
initial upper case, "Licensee".
8. Condition 9 shall be renumbered as Condition 15, and in that Condition each
occurrence of the word "licensee" shall be amended to read, in initial upper
case, "Licensee".
9. Condition 10 shall be deleted, and new Conditions 16, 17, 18 and 19 (the
terms which are set out at Annex D hereto) shall be inserted in its place.
10. Condition 11 shall be renumbered as Condition 20, and in that Condition:
(a) paragraph 5 shall be renumbered as paragraph 6, and in that paragraph
the words "In paragraphs 1 to 4" shall be amended to read "In this
Condition";
(b) paragraph 6 shall be renumbered as paragraph 5, and in that paragraph
the word "proposed" shall be amended to read "proposes"; and
(c) each occurrence of the words "licensee" and "licence" shall be amended
to read, in initial upper case, "Licensee" and "Licence" respectively.
11. Conditions 12, 13 and 14 shall be deleted and new Conditions 21 to 51 (the
terms of which are set out at Annex E hereto) shall be inserted in their
place.
CONDITION 3. CONTROLLED MARKET START-UP
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1. This Condition applies to those premises which the Licensee would during the
franchise period be prohibited from supplying under the terms of Condition 2.
2. The Licensee shall not, after the expiry of the franchise period, supply
electricity to any premises to which this Condition applies prior to such
date as is specified in respect of such premises in a direction issued by the
Director under this Condition.
3. A direction under this Condition may specify that different premises may be
supplied from different dates, and for the purposes of this Condition
premises may be specified by reference to:
(a) their location;
(b) whether or not they are Domestic Premises; or
(c) the type of metering equipment installed at the premises,
or any combination of these factors.
4. Prior to making any direction under this Condition, the Director shall:
(a) set out the proposed contents of the direction in a notice (the
"proposals notice");
(b) send the proposals notice to the Licensee, each Relevant Public
Electricity Supplier in respect of premises specified in the notice, each
consumers' committee appointed for an area within which the premises
specified in the notice are situated and any other persons or bodies
appearing to the Director to be representative of those likely to have an
interest; and
(c) consider any representations concerning the proposed contents of the
direction which are made within a reasonable period, being not less than
7 days from the date of issue of the proposals notice.
5. Any direction issued by the Director under this Condition shall be in
writing and shall be made not less than 28 days prior to the first date
specified in the direction.
6. Where, by virtue of this Condition, thc Licensee is prohibited from
supplying any premises, the provisions of Condition 29 shall not apply in
relation to the supply of electricity to those premises.
7. When the Director has issued a direction under this Condition and it appears
to him, having regard to the considerations set out in paragraph 8, that it
would be unreasonable in all the circumstances for the direction to have
effect on the dates specified therein in respect of any or all of those
premises at which it has not yet had effect, then the Director may, subject
to paragraph 9, withdraw or vary the direction
in respect of the premises to be supplied or of the dates from which they may
be supplied, or both.
8. The considerations set out in this paragraph are:
(a) whether the interests of customers in general, and in particular the
interests of those occupying the premises specified in the direction,
would be served by the withdrawal or variation of the direction;
(b) whether the interests of any Electricity Supplier, including the
Licensee, would be or would be likely to be unfairly prejudiced by the
withdrawal or variation of the direction, or by a failure to do so;
(c) the content of any representation made to the Director on the issue; and
(d) such information as is available to the Director concerning:
(i) the manner in which arrangements for the supply of electricity to
any premises to which this Condition applies have operated and are
expected to operate;
(ii) the likely ability of the Licensee to fulfil its obligations under
its Licence with respect to the supply of electricity to any of
the premises concerned; and
(iii) the likely ability of each Relevant Public Electricity Supplier to
comply with the requirements of its public electricity supply
licence in respect of the supply of electricity by the Licensee to
the premises concerned.
9. The Director shall not withdraw or vary a direction in respect of any
premises when the date specified from which supply may commence is less than
14 days from the date of the withdrawal or variation, unless the Director
has the agreement of the Licensee, or failing that agreement the agreement
of no fewer than two-thirds of the Second Tier Suppliers to whom a direction
applies in respect of the same premises and dates.
10. When the Director withdraws or varies a direction in accordance with
paragraph 7, he shall issue a notice of withdrawal or variation (as the case
may be) and that notice shall have effect.
11. The Director shall publish any direction, or any notice of withdrawal or
variation in such manner as in the opinion of the Director will secure
adequate publicity for it.
12. A direction or a variation or withdrawal of a direction made under this
Condition shall not distinguish between the Licensee and other Second Tier
Suppliers except to the extent that the distinction is appropriate in all
the circumstances given:
(a) the information available to the Director in accordance with sub-
paragraph 8(d)(ii); or
(b) where the Licensee is also a public electricity supplier, any failure by
the Licensee to comply with the requirements of its public electricity
supply licence, or with any agreement entered into in accordance with any
such requirements, which adversely affects the ability of private
electricity suppliers to supply electricity to any customers within its
authorised area.
CONDITION 32. PROVISION OF SERVICES FOR PERSONS WHO ARE OF PENSIONABLE AGE OR
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DISABLED OR CHRONICALLY SICK
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1. The Licensee shall within two months of serving a Designated Supply Notice on
the Director prepare and submit to the Director for his approval a code of
practice detailing the special services the Licensee will make available for
its Domestic Customers who are of pensionable age or disabled or chronically
sick.
2. The code of practice shall include arrangements by which the Licensee will,
where appropriate:
(a) provide where practicable special controls and adaptors for electrical
appliances and meters (including prepayment meters) and reposition meters
(and shall set out any charges to be made for the provision of such
services);
(b) provide special means of identifying persons acting on behalf of the
Licensee or the Relevant Public Electricity Supplier;
(c) give advice on the use of electricity;
(d) send bills in respect of the supply of electricity to a customer to any
person who is willing to be sent such bills and is nominated by that
customer (without prejudice, however, to the right of the Licensee to send
such bills both to the customer and to the nominated person where that
appears appropriate to the Licensee);
(e) make available (free of charge) to blind and partially sighted customers,
by telephone or other appropriate means, information concerning the
details of any bill relating to the supply of electricity to them and a
facility for enquiring or complaining in respect of any such bill or any
service provided by the Licensee; and
(f) make available (free of charge) to deaf and hearing impaired customers,
being in possession of appropriate equipment, facilities to assist them in
enquiring or complaining about any bill relating to the supply of
electricity to them or any service provided by the Licensee.
(3) The code of practice shall further include arrangements whereby the
Licensee will:
(a) take reasonable steps to draw the attention of customers to the existence
of a register of customers who may be expected, by virtue of being of
pensionable age or disabled or chronically sick, to require:
(i) information and advice in respect of the matters set out at paragraph
2; or
(ii) advance notice of interruptions to the supply of electricity;
(b) maintain such a register, comprising the relevant details of each
customer who requests his inclusion on it; and
(c) give to those customers so registered:
(i) such information and advice in respect of the matters set out at
paragraph 2 or in respect of interruptions to the supply of
electricity as may be appropriate and is of such nature as shall be
set out in the code of practice; and
(ii) notice of the existence of another register maintained by the
Relevant Public Electricity Supplier, in relation to such customers
who may be expected to require advance notice of interruptions to the
supply of electricity, on which such customers may be included.
4. The Licensee shall, with the consent or at the request of any customer
included on the register maintained in accordance with sub-paragraph 3(b),
provide the Relevant Public Electricity Supplier with appropriate details
concerning such customer and his requirements for the purpose of his
inclusion on the equivalent register maintained by the Relevant Public
Electricity Supplier in accordance with the provisions of its public
electricity supply licence.
5. This Condition is subject to the provisions of Condition 37.