ELECTRICITY Citation, commencement and extent 1 1 These Regulations may be cited as the Electricity Capacity (Amendment) Regulations 2025. 2 These Regulations come into force on the day after the day on which they are made. 3 These Regulations extend to England and Wales and Scotland. Amendment of the Electricity Capacity Regulations 2014 2 The Electricity Capacity Regulations 2014 are amended in accordance with regulations 3 to 10. Amendment to regulation 2 (interpretation) 3 In regulation 2(1)— a in the definition of “a CFD”, after “the Act”, insert “or an investment contract under Schedule 2 to the Act” ; b after the definition of “interconnector CMU”, insert— “ low emissions determination ” has the meaning given in the Rules; . Amendment to regulation 11 (meaning of auction parameters) 4 In regulation 11— a in paragraph (1)(e), after “15 year minimum £/kW threshold” insert “, 9 year minimum £/kW threshold” ; b in paragraph (3)— i for “In paragraph (1)”, substitute “In this regulation” ; ii for the definitions of “15 year minimum £/kW threshold” and “3 year minimum £/kW threshold” substitute— “ 3 year minimum £/kW threshold ” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a generating CMU or an unproven demand side response CMU that is not a three year zero capex threshold CMU to be eligible to bid for a capacity obligation for a period of 2 or 3 delivery years; “ 9 year minimum £/kW threshold ” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a declared low carbon CMU that is a new build CMU, a refurbishing CMU or an unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 3 and up to 9 delivery years; “ 15 year minimum £/kW threshold ” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending— on a declared low carbon CMU that is a generating CMU or an unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 9 and up to 15 delivery years; or on any other generating CMU or unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 3 and up to 15 delivery years; ; iii after the definition of “auction target capacity”, insert— ; and “declared low carbon CMU”, “new build CMU”, “refurbishing CMU”, and “three year zero capex threshold CMU” have the meaning given in the Rules. . Amendment to regulation 16 (excluded capacity, low carbon support scheme CMUs) 5 For regulation 16(2), substitute— 2 The Delivery Body must not prequalify CMU i if— a the CFD counterparty has made an offer of a CFD in respect of the generating station that comprises or includes CMU i— i under section 10(1) of the Energy Act 2013 (direction to offer to contract), and the CFD counterparty and an eligible generator have entered into that CFD; or ii under regulation 10(1) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) and an eligible generator has entered into that CFD; and b that CFD has not expired or been terminated. 2A For the purposes of paragraph (2), a reference to an eligible generator entering into a CFD has the meaning given in regulation 10(3) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) . . Amendment to regulation 30 (capacity agreements) 6 In regulation 30(6), for “a capacity agreement”, substitute “once a capacity agreement takes effect in accordance with the Rules, it” . Amendment to regulation 39 (determination of adjusted load-following capacity obligation, net output and adjusted net output) 7 In regulation 39(4), for “20”, substitute “34” . Amendment to regulation 50 (reducing capacity payments: failure to demonstrate satisfactory performance) 8 In regulation 50(6)— a before the definition of relevant month, insert— “ extended performance ” has the meaning given in the Rules; ; b in the definition of “satisfactory performance requirement”, after “demonstrate satisfactory performance days”, insert “or extend performance during a satisfactory performance day” . Amendment to regulation 68 (delivery body reviewable decisions) 9 In the table in regulation 68(2), insert a row at the end, as follows— A low emissions determination The capacity provider to whom the notice of the determination was given . Amendment to regulation 70 (appeals to the Authority) 10 In regulation 70(4)(c), at the end, omit “and” and insert— ca in the case of an appeal relating to a low emissions determination, a copy of— i the notice setting out the determination; and ii any notice that the Rules required to be given before the low emissions determination was made; and . Hunt of Kings Heath Minister of State for Energy Security and Net Zero Department for Energy Security and Net Zero 13th February 2025