44IDistributors to reimburse authorised retailers for difference between rates

44I Distributors to reimburse authorised retailers for difference between rates

[Section 44I of Part 3 Inserted by No. 48 of 2013, s. 7, Applied:01 Jan 2014]

(1)  If an authorised retailer pays to a transitional feed-in tariff customer a feed-in tariff billing amount in respect of premises, the amount equal to the difference between –

(a) the feed-in tariff billing amount paid by the authorised retailer to the customer; and

(b) the feed-in tariff billing amount in respect of the premises that would have been paid to the customer under section 44E(2) by the authorised retailer if the transitional feed-in tariff customer had been a standard feed-in tariff customer in respect of the premises –

is a debt due and payable to the authorised retailer by the distributor in respect of the premises.

(2)  An amount of a debt due and payable by a distributor to an authorised retailer under subsection (1) may be paid –

(a) by way of a deduction of the amount of the debt from the amount of any network charges that are payable to the distributor by the authorised retailer; or

(b) in a manner agreed between the distributor and an authorised retailer; or

(c) in a manner approved by a court in which the debt is recovered under subsection (3) .

(3)  A debt that is due and payable under subsection (1) to an authorised retailer by a distributor may be recovered in a court of competent jurisdiction.