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Capacity Market meaning

/kəˈpasɪti/ /ˈmɑːkɪt/
Published by a LexisNexis Energy expert
What does Capacity Market mean?
In practice, a capacity market is the framework under which generators, battery storage and demand‑side response are paid to be available at times of system stress, to support security of electricity supply and underpin investment and plant retention. In Great Britain, the Capacity Market is established by the Energy Act 2013 and detailed regulations and rules. National Grid ESO (as EMR Delivery Body) runs T‑4 and T‑1 capacity auctions. Successful bidders enter capacity agreements with availability payments and performance penalties for non‑delivery; agreement lengths vary (typically one year for existing plant and up to 15 years for new build). Settlement is administered by the Electricity Settlements Company. Secondary trading and termination provisions are prescribed by the rules. In Ireland and Northern Ireland, the Single Electricity Market uses the Capacity Remuneration Mechanism (CRM) under SEM rules and regulatory decisions (CRU/UR). SEMO runs capacity auctions and providers receive availability payments with analogous obligations and penalties. Although often described generically as a “capacity market”, the governing instruments and terminology differ from Great Britain. Legally, the term describes a regulated capacity procurement regime rather than energy offtake. It is central to project finance, M&A due diligence and compliance, affecting revenue certainty, credit cover, and risk allocation...
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View the related Checklists about Capacity Market

CHECKLISTS
Non-performing loans (NPLs): EU and UK supervisory, insolvency and secondary market developments timeline (2016–2023)

ARCHIVED: This Practice Note is archived and is no longer maintained. A bank loan is treated as a non-performing loan (NPL) if more than 90 days pass without the borrower making the agreed instalments or interest payments. Banks experienced an accumulation of NPLs in their books when borrowers' inability to repay was intensified by the financial crisis and subsequent recessions. When NPLs are proportionately high, banks' capacity to manage the riskiness of their lending is diminished. NPLs are a supervisory priority for the European Central Bank (ECB), which monitors the overall level of NPLs across euro area banks. Under the supervisory review and evaluation process (SREP), the ECB assesses whether individual banks adequately manage loan risk and whether they have suitable strategies, governance arrangements and processes in place. The ECB also regularly undertakes co-ordinated exercises to review the asset quality of the banks it directly supervises—it works with national supervisors to establish a consistent and effective approach to tackling and reducing bad loans, drawing on best practices as set...

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CHECKLISTS
Market power assessment checklist: market shares, HHI, entry and expansion barriers, switching and capacity constraints, and countervailing buyer power (mergers and dominance)

This checklist summarises the factors relevant to assessing an undertaking’s market power. Such analysis is pertinent not only to mergers but also, for example, to determining whether an undertaking is to be regarded as dominant. Does an undertaking have market power? When evaluating market power, the following should be considered. Not every factor needs to be applied in each instance; ultimately, a case-by-case assessment, grounded in the characteristics of the relevant market, is required. Market position of undertaking and its competitors Calculation of market shares is ordinarily the starting point of any assessment The larger the market share, and the longer it is sustained, the greater the likelihood that the undertaking holds a dominant position 50% market share or more: generally evidence of the existence of a dominant market position 40–50% market share: may indicate market power, but this depends on additional considerations Below 40% market share: dominance is unlikely... ...

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NEWS
UK energy law weekly update: DESNZ and Ofgem consultations, CfD AR7 budgets, OFTO and network reforms, retail TPI regulation, non-domestic smart meters, ETS aviation, CMP444 rejection, key deadlines

In this issue: Electricity and gas market regulation and licensing Networks and grid connections Renewable energy Capacity Market, balancing services and system flexibility Air emissions, efficiency and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Energy resources on Lexis+® Electricity and gas market regulation and licensing DESNZ has opened a consultation to strengthen Energy Ombudsman (EO) powers. It will concentrate on complaints from domestic energy suppliers, small enterprise complaints against non-domestic suppliers, and heat network complaints. Electricity and gas networks and third-party intermediaries will instead be consulted on separately. The plans include shortening the escalation period for complaints from eight to four weeks, allowing automatic compensation where EO decisions are not put into effect promptly, and granting the EO a statutory designation. DESNZ has also stated that Ofgem will regulate third‑party intermediaries, including energy brokers and price comparison sites, which have previously operated...

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NEWS
Energy law and regulation weekly update: codes reform, NESO Ten Year Statement, Capacity Market amendments, Ofgem consultations, North Sea M&A guidance, hydrogen and CCUS milestones—30 January 2025

In this issue: Electricity and gas market regulation and licensing Networks and network connections Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ publishes Secretary of State’s designation of energy codes and central systems DESNZ has released a designation notice from Secretary of State for Energy Security and Net Zero, Ed Miliband, setting his decision to designate specified energy codes and central systems as qualifying documents and central systems for the purposes of Schedule 12 to the Energy Act 2023. This designation enables Ofgem to use its transitional powers to deliver reform of energy code governance. See: LNB News 29/01/2025 44...

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NEWS
GB energy regulatory update—TPIs regulation, SoLR Levy Offset, early competition and OHA pilot, DCC licence decisions, EU Energy Efficiency Directive guidance—26 September 2024

In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility International energy Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ launches consultation on regulating TPIs in the retail energy market The Department for Energy Security and Net Zero has opened a consultation to bring Third Party Intermediaries in the retail energy market under regulation, bolstering consumer protection and aiding the shift to a cleaner energy system. Triggered by cases of consumers and businesses being targeted by unregulated rogue brokers and other TPIs, this forms part of the government’s ongoing support for Ofgem to develop an effective market for non-domestic customers, alongside implementing recommendations from Ofgem’s July 2023 non-domestic policy consultation. The consultation closes on 15 November 2024. See: LNB News 20/09/2024 36. Ofgem launches statutory consultation on SoLR Levy Offset...

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View the related Practice Notes about Capacity Market

PRACTICE NOTES
EU Electricity Regulation 2019/943 (as amended 2024): non-fossil flexibility covering demand response, storage, national assessments and objectives, support schemes, capacity mechanisms, and the demand response network code

Structure of the EU electricity system Rules for the EU electricity system govern two areas: the physical infrastructure for electricity generation, transport and use (often termed the electricity network or grid), and electricity markets (ie the flow of money) Electricity moves through the EU network broadly as follows: Generation — the production of electricity using, for example, fossil fuels, solar, wind, nuclear or geothermal sources Transport — the movement of electricity through the network (or grid), typically divided into: Transmission — long-distance transfer on the extra high-voltage and high-voltage interconnected system, aimed at delivery to final customers or distributors Distribution — carrying electricity from transmission networks and distributing it to consumers. Power from smaller renewables, such as solar and wind, is generally fed into distribution networks Supply — the sale (including resale) of electricity to wholesale customers (who buy for resale) and final customers (who buy...

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PRACTICE NOTES
EU electricity grids—connection, access and operation: regulatory framework, network codes, tariffs, HVDC, emergency/restoration and balancing/capacity mechanisms

Structure of the EU electricity system EU rules on electricity govern two core spheres: the physical set-up for generation, movement and consumption of power (often termed the electricity network or grid), and the organisation of electricity markets (i.e. the flow of money). Electricity moves through the EU grid in broad stages: Generation—the creation of electricity using, for instance, fossil fuels, solar, wind, nuclear or geothermal sources Transport—the conveyance of electricity across the network, typically divided into: Transmission—long-distance transfer on the extra high-voltage and high-voltage interconnected system, with delivery to final customers or to distributors in view Distribution—movement from transmission networks and distribution to consumers. Electricity from smaller renewable installations, such as solar and wind, is generally injected into the distribution networks Supply—the sale (including resale) of electricity to wholesale customers (who purchase for onward sale) and to final customers (who purchase for their own use) As a straightforward analogy,...

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PRACTICE NOTES
EU/EEA Prospectus Directive: when a prospectus is required in debt capital markets, key exemptions, passporting and unregulated market listing options

BREXIT: From 31 January 2020, the UK ceased to be an EU Member State and moved into an implementation phase, during which, for many matters, the EU continues to treat it as if it were a Member State across a range of areas. In its capacity as a third country, the UK is excluded from the EU’s political institutions, agencies, offices, bodies and governance frameworks (save to the limited extent agreed), yet it must keep to its obligations under EU law (covering EU treaties, legislation, principles and international agreements) and remain subject to the ongoing jurisdiction of the Court of Justice of the European Union in line with the transitional regime in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This affects this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [Archived]—Brexit planning and impact—key issues for debt capital markets transactions. ARCHIVED: This Practice Note is archived, not maintained, and provided for background information only. For...

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PRECEDENTS
Joint venture compliance under competition law: staff guide to assessing anti-competitive risk, structuring and managing ventures, and safeguarding information exchanges

Associations with actual or potential competitors for the purpose of jointly undertaking a particular commercial enterprise or transaction Working with current or prospective rivals to carry out a specific business project or deal is ordinarily lawful when the pro-competitive gains of a joint venture (JV) surpass any anti-competitive drawbacks, provided the overall balance favours competition, if any. Pro-competitive advantages may include pushing technological progress, introducing novel products, services or market entrants, and securing economies of scale, meaning greater capacity with lower transaction costs. This guidance supports colleagues in designing, setting up and running JVs, with a particular emphasis on adhering to competition law by relevant staff members. Before suggesting or entering any JV, you must seek advice from [ insert, eg the legal team ] ...

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PRECEDENTS
Director’s power of attorney appointing fellow directors to act for placings, open offers and rights issues, FCA/LSE admission and prospectus matters (England and Wales)

1 this deed of power of attorney dated [ insert date ], I, [ insert name of director ] of [ insert address of director ], being a director of [ insert company name ] (incorporated in [ England and Wales ] under registered number [ insert company number ]) (the Company), appoint each other director of the Company, severally, as my true and lawful attorney (each an Attorney). Each Attorney is authorised to do all acts, deeds and things and to negotiate, approve, consent to, sign, execute and deliver any deeds, contracts, agreements, documents, undertakings and assurances, on my behalf and in my name or in the Attorney’s name, which, in my personal capacity or as a director of the Company [ or any of its subsidiaries (as appropriate) ], are necessary or required, or which the board of directors of the Company or any committee of it (the Board) considers desirable, for or in connection with: 1.1 the proposed [ placing (the Placing ) OR...

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PRECEDENTS
Form: Director’s power of attorney to co-directors for LSE Main Market Admission, FCA Official List prospectus and placing (England and Wales)

1 By this power of attorney dated [ insert date ], I, [ insert name of director ] of [ insert address of director ], being a director of [ insert company name ] (incorporated in [ England and Wales ] under registered number [ insert company number ]) (the Company), appoint every other director of the Company, each acting severally, as my true and lawful attorney (each an Attorney) to do all acts and deeds, and to negotiate, review, settle, approve, agree, sign, execute and deliver any deeds, contracts, agreements, documents, undertakings and assurances for and on my behalf and in my name, or in the Attorney’s name, which, in my personal capacity or as a director of the Company [ or any of its subsidiaries (as appropriate) ], are necessary or required, or which the board of directors of the Company or any committee of it (the Board) deems desirable, for or connected with: 1.1 [ the proposed placing Placing of ordinary shares of...

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View the related Q&As about Capacity Market

Q&As
LPA attorney/co-owner buying donor’s share: sign both or trustee?

The following Q&A addresses this question: Is a sole LPA attorney permitted to purchase real property from the donor where the donor lacks mental capacity? We also direct you to: Subtopic: Lasting powers of attorney—overview (and in particular, see Practice Note: LPAs—the attorney's duties and powers) Topic: Court of Protection Commentary: Re Buckley: The Public Guardian v C: Cretney and Lush on Lasting and Enduring Powers of Attorney...

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