Limited operational notification for type D power-generating modules
Article 37
1. Power-generating facility owners to whom a FON has been granted shall inform the relevant system operator immediately in the following circumstances: (a) the facility is temporarily subject to either significant modification or loss of capability affecting its performance; or (b) equipment failure leading to non-compliance with some relevant requirements. 2. The power-generating facility owner shall apply to the relevant system operator for a LON, if the power-generating facility owner reasonably expects the circumstances described in paragraph 1 to persist for more than three months. 3. A LON shall be issued by the relevant system operator and shall contain the following information which shall be clearly identifiable: (a) the unresolved issues justifying the granting of the LON; (b) the responsibilities and timescales for the expected solution; and (c) a maximum period of validity which shall not exceed 12 months. The initial period granted may be shorter with the possibility of an extension if evidence is submitted to the satisfaction of the relevant system operator demonstrating that substantial progress has been made towards achieving full compliance. 4. The FON shall be suspended during the period of validity of the LON with regard to the items for which the LON has been issued. 5. A further extension of the period of validity of the LON may be granted upon a request for a derogation made to the relevant system operator before the expiry of that period, in accordance with the derogation procedure described in Title V. 6. The relevant system operator shall have the right to refuse to allow the operation of the power-generating module, once the LON is no longer valid. In such cases, the FON shall automatically become invalid. 7. If the relevant system operator does not grant an extension of the period of validity of the LON in accordance with paragraph 5 or if it refuses to allow the operation of the power-generating module once the LON is no longer valid in accordance with paragraph 6, the power-generating facility owner may refer the issue for decision to the regulatory authority within six months after the notification of the decision of the relevant system operator.