Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I move amendment No. 5:

In page 25, lines 8 and 9, to delete “after consultation with the holder of a licence under subsection (1)(b), specify in the licence concerned” and substitute “in a licence under section (1)(b), specify”.

I will speak to both amendments. These are minor textual amendments. Sections 14 and 19 provide that the commission may specify in a licence such standards of performance and quality and connection with the supply of electricity or natural gas to final customers as the commission determines ought to be achieved. It is proposed to remove the requirement of consultation with the licenceholder in sections 14 and 19 as this is an unnecessary duplication and is inconsistent with the powers of the Commission for Energy Regulation to modify a licence.

As the commission is the licensing authority, it is also an operational matter for the commission as to the format and context of the licences it issues. Under section 19(2) of the Act of 2009, the commission can modify an electricity or natural gas licence it issues with or without the consent of the holder. The process of the modification of the licence is set out in sections 20 to 22 of the Electricity Regulation Act 1999, which include processes for the publication of a notice by the commission in regard to an intended modification of a licence and also the consideration by the commission of any representation or objections regarding any proposed modification of a licence. Furthermore, section 29 of the 1999 Act provides for appeals against a decision of the commission to modify a licence.