As part of our analysis for REMIT Phase 2 reporting for commencement on 07/04/2016, we have encountered a scenario which is not illustrated in the examples for non-standard contracts. When a non-contract contract, which has been running for some years is cancelled by mutual agreement of both parties, how should this be reflected in the report to ACER?
We've reviewed the examples in ACER_REMIT_TRUM_ANNEX_II_v2.0.pdf (published 16th November 2015) for Non-Standard Contracts and there are no examples of cancellations.
• Is it just a case of sending a Table 2 message with an "Action type" (Field 45 of ACER Table 2) of "C"?
• Are we also required to populate "Termination Date" (Field 43 of ACER Table 1) for the last execution?
• We have a non-standard contract (Power Purchase Agreement) that runs from 1st January 2008 through 31st December 2018.
• The last execution of the contract is a purchase of 400 MW of Electricity on 30th August 2016.
• On the 15th September 2016, both parties agree to cancel the existing contract with effect from 30th September 2016.
In case of cancellation of a non-standard contract previously reported with Table 2, market participants should submit a new lifecycle event report related to the non-standard contract indicating "C" in Field (45) "Action type" of Table 2. The report should also indicate the date of the cancellation of contract in the "Contract date" Field (12) of Table 2.
In the above case the non-standard contract that runs from 1 January 2008 through 31 December 2018 and with final execution on 30 August 2016, the market participant will be able to report the cancellation of the contract with 15 September 2016 in Field (12) "Contract date" and the amended delivery end date in Field (43) as 30 September 2016.
With regard to the reportable execution, it is our understanding that the last execution of the contract on 30 August 2016 (the date that they agree the price and the quantity) may refer to either the delivery of electricity in August 2016 or September 2016 (forward contract).
If the execution of the contract on 30 August 2016 is related to the delivery of the energy in August 2016, this should be reported as any other EXECUTION and reported on a T+1 month basis. Please see Annex II Section II of the TRUM for example of how to report transaction executed under the framework of non-standard contracts.
If the agreement of the contract on 30 August 2016 is a forward contract for the delivery of the energy in September 2016, this should be reported as any other BILATERAL forward contracts and reported on a T+1 month basis. Please see Annex II Section I of the TRUM for examples of how to report bilateral contracts.