12 Offtake rate and capacity

12:00 hours on the Day preceding the Day on which the Isolation is to be carried out; provided that the Operator will use reasonable endeavours to accept notice of such cancellation given later than such time.

(b) following a request for Isolation which included the confirmation referred to in paragraph 11.9(g), withdraw such confirmation by giving not less than 5 Business Days’ notice to the Operator, following which the Registered User shall cease to be responsible for the offtake of gas from the System at the Supply Meter Point

11.14 The terms (as to payment and otherwise) upon which the Operator carries out an Isolation will be those of the Isolation Siteworks Procedures (which does not form a part of and is not incorporated into the Code); and accordingly nothing in the Code shall make the Operator liable to the User for any failure or delay in carrying out a requested Isolation.

11.15 A Supply Meter Point will be treated as Isolated for the purposes of the Code (until and unless reconnection or restoration of the connection of the Supply Meter Point has occurred) with effect from the Day on which the Isolation was carried out.

11.16 Nothing in the Code shall prevent the Operator from Isolating any Supply Meter Point at the request of any person where it appears to the Operator that it is necessary to do so for the purposes of ensuring safety; and, for the avoidance of doubt, where it does so the Operator shall not be in breach of its obligation to make gas available for offtake.

11.17 Where pursuant to paragraph 11 .1 6 the Operator Isolates a Supply Meter Point at the request of a person other than the Registered User:

(a) the Operator will inform the Registered User; and

(b) nothing in the Code shall make the Registered User liable to make any payment to the Operator in respect of the carrying out of the Isolation.

11.18 Where at the time of requesting a Disconnection the Registered User included the confirmation referred to in paragraph 11 .9 ( g ), the Registered User shall, until such time as any withdrawal of such confirmation in accordance with paragraph 11.13(b) is effective, remain the Registered User of the Disconnected Supply Meter Point and accordingly liable for Distribution Charges in respect of the Disconnected Supply Meter Point.

11.19 The Operator and the Users shall each comply with the Isolation Siteworks Procedures.

12 Offtake rate and capacity

12.1 This paragraph 12 applies only in respect of Very Large DM Supply Meter Points or DM Supply Meter Points.

12.2 For the purposes of this paragraph 12 in respect of a Very Large DM Supply Meter Point or DM Supply Meter Point:

92

(a) the "Supply Meter Point Hourly Offtake Rate" is the maximum rate (in kWh/hour) at which a User is permitted to offtake gas from the System at the Very Large DM Supply Meter Point or DM Supply Meter Point;

(b) the "Supply Meter Point Daily Offtake Rate" is the maximum rate (in kWh/Day) at which a User is permitted to offtake gas from the System at the Very Large DM Supply Meter Point or DM Supply Meter Point;

(c) the "maximum hourly offtake rate" is the maximum instantaneous rate (in kWh/hour) which the Operator determines to be the maximum rate at which it is feasible to make gas available for offtake at the Very Large DM Supply Meter Point or DM Supply Meter Point; and

(d) the "maximum daily offtake rate" is the maximum rate (in kWh/Day) which the Operator determines to be the maximum rate at which it is feasible to make gas available for offtake at the Very Large DM Supply Meter Point or DM Supply Meter Point.

12.3 A User shall apply for a Supply Meter Point Hourly Offtake Rate (or revised Supply Meter Point Hourly Offtake Rate) and a Supply Meter Point Daily Offtake Rate (or revised Supply Meter Point Daily Offtake Rate):

(a) when submitting a Supply Meter Point Confirmation (as a Proposing User) in respect of a Proposed Very Large DM Supply Meter Point or DM Supply Meter Point; and

(b) whenever the User becomes aware that the maximum hourly or daily offtake rate at a Registered Very Large DM Supply Meter Point or DM Supply Meter Point may be or has been subject to any increase.

12.4 Wherever a User applies for a Supply Meter Point Hourly Offtake Rate (or a revised Supply Meter Point Hourly Offtake Rate) and a Supply Meter Point Daily Offtake Rate (or revised Supply Meter Point Daily Offtake Rate):

(a) the User shall estimate the maximum instantaneous rate (in kWh/hour) and the maximum rate (in kWh/Day) at which it is likely to offtake gas, in good faith and after all appropriate enquiries of the consumer and on the basis of reasonable skill and care; and

(b) the Supply Meter Point Hourly Offtake Rate and Supply Meter Point Daily Offtake Rate for which the User applies shall be not less than, nor substantially more than, such estimates.

12.5 A User shall take all reasonable steps to secure that it becomes aware of any increase (whether by reason of a change in the size or nature of, or the nature of the use of, the Consumer's Plant or otherwise) in the maximum hourly and daily offtake rate before and (in any event) as soon as reasonably practicable after such increase occurs.

93