DISCONNECTION AND ISOLATION SITEWORKS PROCEDURE
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Review Frequency: Annual
1 Introduction
1.1 This document sets out the Disconnection and Isolation Siteworks Procedures (“Procedures”) referred to in Section L11 of the Code prepared by the Operator pursuant to condition 2.4 of the Operator’s Conveyance Licence.
1.2 These Procedures were approved by the Authority on 03 March 2023
1.3 These Procedures may be amended from time to time by the Authority or by the Operator with the prior written approval of the Authority (and where an amendment is made the Operator shall publish the amended Procedures).
1.4 The Operator and each User shall be responsible for their own costs incurred in respect of the implementation of these Procedures.
2 Definitions and Interpretation
2.1 In these Procedures, the following definitions shall apply:
Consequential Loss shall mean all losses, damages and expenses (including legal expenses) and indirect or special loss (including loss of use, revenue, profit, contract and production, increased cost of working and business interruption howsoever caused) arising out of or in connection with this Agreement and whether or not foreseeable at the date of the Agreement, irrespective of whether caused by the negligence of the Operator and/or the Registered User or by any other tortious act or omission or breach of a Contract by the Operator and/or the Registered User;
Date of Disconnection shall mean the date on which the Disconnection of a Supply Meter Point is effective;
Date of Isolation shall mean the date on which the Isolation of a Supply Meter Point is effective;
Disconnection of a Supply Meter Point means the removal or decommissioning of the gas service in such a manner as the Operator may in any case determine (and “Disconnect” and “Disconnected” shall be construed accordingly);
Disconnection Request shall mean a request from the Registered User to the Operator, that the Operator Disconnect a Supply Meter Point in respect of which they are the Registered User;
Distribution Network Code shall mean the Distribution Network Code prepared by the Operator pursuant to condition 2.4.2 of the Operator Licence for the Conveyance of Gas, as from
time to time modified in accordance with the Modification Rules or the Operator Licence;
Isolation shall mean the isolation by the Operator of a Supply Meter Point for the purposes of securing that gas is and cannot be offtaken from the System at such point in such manner as the Operator may determine (and "Isolate" and "Isolated" and shall be construed accordingly);
Isolation Request shall mean a request from the Registered User to the Operator that the Operator Isolate a Supply Meter Point in respect of which they are the Registered User; Loss shall include any loss howsoever arising (including loss of profit, loss of revenue, loss of use, loss of contract, loss of goodwill, and indirect and Consequential Loss, including economic loss), cost (including any cost of enforcement), expense, payment, liability (including tax liability), claim, demand, damage, proceedings, penalty, fine, fee, rates, levy, charge, royalty, interest, insurance premium, call, judgment, order or other sanction or amount payable and the amount by which any right or entitlement to an amount has been reduced as a result of the matter in question;
Normal Working Hours shall mean the hours of 08:30 to 17:00 hours on any Day;
Operator shall mean the Operator under the Distribution Network Code;
Procedure means these Disconnection and Isolation Siteworks Procedures, as may be updated, amended and/or varied from time to time; and
Registered User shall mean the person or entity in whose name the Supply Meter Point is registered pursuant to the Distribution Network Code; and Request shall mean a Disconnection Request or an Isolation Request.
2.2 All other capitalised terms used in this Procedure shall have the meaning given to such terms in the Distribution Network Code.
2.3 Interpretation
In this Procedure, unless the context otherwise requires:
(a) words importing the singular shall include the plural and vice versa;
(b) words importing the masculine shall include the feminine and neuter and vice versa;
(c) references to "registered" or "registration" in the definitions shall be interpreted as referring to registration pursuant to the Distribution Network Code;
(d) all references to paragraphs shall, unless otherwise stated, be references to the paragraphs of this Procedure;
(e) all references to persons include reference to their successors in title and permitted assigns;
(f) references to any agreement, code or document is a reference to the same as amended, supplemented, novated and/or replaced from time to time;
(g) references to legislation include any statute, by-law, regulation, rule, subordinate or delegated legislation or order; and reference to any legislation is to such legislation as amended, modified or consolidated and to any legislation replacing it or made under it save insofar as any such amendment, modification, consolidation or replacement made after the date of this Procedure would impose any increased or new liability on any party or otherwise adversely affect the rights of any party;
(h) in the event of any conflict between the definitions used in this Procedure and any terms defined in the Distribution Network Code, the terms as defined in the Distribution Network Code shall prevail.
3 Disconnection or Isolation Request
3.1 The Registered User may submit a Disconnection Request or Isolation Request (“Request”) to the Operator in relation to a Supply Meter Point in respect of which the User is the Registered User.
3.2 A Request submitted by a Registered User shall:
(a) specify the identity of the Registered User;
(b) specify the relevant Supply Meter Point Reference Number for the Supply Meter Point in respect of which the Isolation Request is made;
(c) specify the date, not being less than fifteen (15) Business Days after the Request is submitted, on which the Disconnection or Isolation is requested;
(d) identify the address and postcode of the Supply Meter Point;
(e) give the reason(s) for the Request;
(f) confirm if the Request requires the Disconnection or Isolation of the Supply Meter Point;
(g) specify such further details as the Operator may from time to time reasonably request and in respect of which the Operator has given the Registered User reasonable notice thereof; and
(h) confirm if the User wishes to remain the Registered User of the Supply Meter Point following Disconnection,
and shall be submitted in such a form as the Operator shall from time to time, on reasonable notice, notify the Registered User.
3.3 The Operator may reject a Request which does not comply with the provisions of paragraph 3.2 and where the Operator rejects a Request it shall use its reasonable endeavours to notify the Registered User within five (5) Business Days of the receipt of the Request who shall have the right (but not an obligation) to submit a Request to the Operator in relation to such Supply Meter Point in accordance with the provisions of this paragraph 3.
3.4 The Operator shall not be required to give effect to a Request where to do so would be contrary to any applicable Legal Requirement. In particular the Operator would not be obliged to carry out a Disconnection or Isolation where:
(a) a court order or injunction has been issued in respect to a Request;
(b) the Supply Meter Point is located at the premises of a Priority Consumer as defined under Section J3.8(a) of the Distribution Network Code and Disconnection or Isolation would result in the Operator being in breach of the designated criteria as determined by the Department under Condition 2.8.9 of the Operator’s Licence; and
(c) the Operator is aware of any other legal and/or industry requirement that is (or is reasonably likely to be) contravened as a result of carrying out any such Disconnection or Isolation.
3.5 A Request shall automatically cease to have any force or effect for the purposes of this Procedure in circumstances where the Registered User (for any reason whatsoever) ceases to be the Registered User of the Supply Meter Point prior to the Date of Isolation in respect of which an Isolation Request has been submitted in accordance with this paragraph 3
3.6 The Registered User may:
(a) cancel a Request made by it by notice to the Operator not later than 12:00 hours on the Day preceding the Day on which the Disconnection or 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 Disconnection which included the confirmation referred to in paragraph 3.2(h), withdraw such confirmation by giving not less than 5 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.
4 Quotation for Disconnection or Isolation
4.1 Upon receipt of a Request, the Operator will provide the Registered User with a quotation, in line with the Operator’s Connection Policy.
4.2 Where the Registered User has specified the reason for the Isolation Request is for the purposes of:
(a) the management of accrued debt; or
(b) facilitating short term building works at the Supply Meter Point, the Operator will seek to utilise a method of Isolation which does not require the Disconnection of the Supply Meter Point (therefore minimising the costs included within the quotation), subject to a technical survey and consideration of all other relevant safety requirements that the Operator deem necessary (at its sole discretion). Should such method of Isolation not be possible, such quotation from the Operator shall also include all related costs in connection with the Disconnection provided always that such quotation must include supporting information (as the Operator considers necessary and appropriate) for the Registered User as to the circumstances of why a Disconnection is required (applying the principles of consideration set out in this paragraph 4.2).
4.3 Any Isolation Request submitted by a Registered User for the reason set out in paragraph 4.2(a) shall be submitted in accordance with any applicable Supplier’s Licence requirements and in accordance with any relevant legislation in relation to the management of bill payment.
4.4 Any Isolation Request submitted by a Registered User for the reason set out in paragraph 4.2(b) shall be submitted at the request of the customer to facilitate the safe completion of building works at the customer’s property.
4.5 Where a Registered User submits an Isolation Request for any reason other than as set out in paragraph 4.2, the Operator shall provide a quotation for the Disconnection of the Supply Meter Point.
4.6 The quotation provided to the Registered User for a Disconnection shall include the cost of the removal of a Supply Meter Installation and the removal or decommissioning of the gas service in such manner as the Operator may deem necessary (at its sole discretion).
4.7 The Operator requires that, where an Isolation did not include the Disconnection of the Supply Meter Point, such Supply Meter Point shall be Disconnected no longer than 12 months after the Date of Isolation.
4.8 Following any Isolation where the Supply Meter Point has not been Disconnected, in accordance with paragraph 4.7, the Operator shall issue the Registered User with a quotation for costs associated with any required Disconnection of the Supply Meter Point within 10 months of the Date of Isolation. Where the Operator has not received a request to restore the connection at the Supply Meter Point within 11 months of the Date of Isolation, the Operator will proceed to plan and complete the Disconnection of the Supply Meter Point. The Registered User will be invoiced for the cost of all works related to the Disconnection, once completed.
5 Disconnection and Isolation Works
5.1 Any Disconnection or Isolation undertaken by the Operator pursuant to this Procedure shall:
(a) be in accordance with any applicable Legal Requirement;
(b) be carried out to the standard of a Reasonable and Prudent Operator; and
(c) be notified to the Registered User within seven (7) Business Days of the Date of Disconnection or the Date of Isolation.
5.2 Subject to paragraphs 4.5 and 5.8, where the Request will result in a Disconnection, the Registered User shall remain liable in full for all Distribution Charges in respect of the offtake of gas at the Supply Meter Point until the Date of Disconnection irrespective of whether or not Disconnection occurs after the date specified by the Registered User in the Request in paragraph 3.2(c).
5.3 Where the Operator facilitates an Isolation on behalf of the Registered User that does not include Disconnection, the Registered User must continue to be the Registered User of the Supply Meter Point until such time as the Supply Meter Point has been Disconnected and accordingly remain liable for Distribution Charges in respect of the Isolated Supply Meter Point.
5.4 Where the Operator Disconnects a Supply Meter Point for the purposes of safety under Section L11.16 of the Distribution Network Code, it shall use reasonable endeavours to notify the Registered User within four (4) Business Days of the Date of Disconnection.
5.5 Nothing in this paragraph 5 shall require the Operator to Disconnect or Isolate a Supply Meter Point on the date specified by the Registered User in a Request, however the Operator acting as a Reasonable and Prudent Operator would endeavour to carry out a Request within five (5) Business Days of any request subject to the required level of co-operation from the Registered User.
5.6 Following the Disconnection of a Supply Meter Point, the Supply Meter Point shall be treated as Disconnected for the purposes of the Distribution Network Code with effect from the Date of Disconnection and the Supply Meter Point shall be marked as Disconnected on the Supply Meter Point Register.
5.7 Following the Isolation of a Supply Meter Point, the Supply Meter Point shall be treated as Isolated for the purposes of the Distribution Network Code with effect from the Date of Isolation and the Supply Meter Point shall be marked as Isolated on the Supply Meter Point Register.
5.8 For the purposes of Section L11.9(g) of the Distribution Network Code, where a User has specified they wish to remain the Registered User at a Disconnected Supply Meter Point, they shall remain so. Accordingly, under section L11.18 of the Distribution Network Code, the Registered User will remain liable for Distribution Charges at the Disconnected Supply Meter Point.