The HETS Operator keeps the HETS Operator Registry, which consists of the following individual Registries:
a) the Registry of Balancing Service Providers, in accordance with the Article 4.2,
b) the Balance Responsible Parties Registry, in accordance with Article 4.2,
c) the Balancing Market Generating Units Registry, in accordance with Article 5.2,
d) the Dispatchable RES Units Portfolio Registry, in accordance with Article 5.3 and,
e) the Dispatchable Load Portfolio Registry, in accordance with Article 5.4.
By virtue of registration with the HETS Operator Registry, the registrants expressly and unreservedly accept the provisions of this Rulebook and the HETS Grid Code and the Methodologies, parameters and other special approvals, Technical Decisions and Manuals issued in accordance therewith, as amended each time and in force, and they are bound to comply with their content.
In order to register with the HETS Operator Registry, the interested parties shall file an application as laid down in the procedure specified in Article 4.5 and the Technical Decision ‘Procedures for registration with the HETS Operator Registry’.
Together with the application for registration, the interested parties shall pay a registration fee both for their registration with the Registries specified in Article 4.2, and for the registration of each separate Balancing Service Entity represented within the Registries specified in Article 5.2, Article 5.3 and Article 5.4 of this Rulebook. The registration fee is determined by decision of the Regulatory Authority for Waste, Energy, and Water subsequent to a proposal from the HETS Operator. The DAPEEP, exclusively for its capacity as a representative of the Portfolios of RES Units without Obligation to Participate in the Market the Supplier of Last Resort and the Default Supplier are exempted from payment of the registration fee.
The HETS Operator shall not be responsible for the completeness, correctness and trueness of the data provided by the Participants and entered in the HETS Operator Registry. The Participants are exclusively liable therefor.
Natural or legal persons, in one or more of the following capacities, shall be entitled to register with the Balancing Service Providers Registry kept by the HETS Operator, as long as they are able to provide Balancing Services:
a) Producers, holders of a Production License or a relevant Exemption, as long as they own a power generating unit with a valid production license, which is located on the mainland or on the interconnected islands and has an installed capacity of over 5 MW,
RES Producers, holders of a Production License or a RES Producer Certificate or a relevant Exemption, for RES Units with Market Participation Obligation, as long as they own a RES unit and they are not represented by a RES Aggregator,
c) Auto-producers,
d) RES Aggregators, holders of a RES Aggregator License for RES Units with Market Participation Obligation
e) Demand Response Aggregators, holders of a relevant license, and
f) consumers who provide Demand Response Services if they are not represented by a Demand Response Aggregator.
Registration with the Balancing Service Providers Registry is mandatory for producers under item (a).
For the purposes of registration in the Balancing Service Providers Registry, the terms and conditions described in the ‘Terms and Conditions of Balancing Service Providers’ must be satisfied, as approved by decision of the Regulatory Authority for Waste, Energy, and Water subsequent to a recommendation from the HETS Operator, in accordance with paragraph 4 of Article 18 of Law 4425/2016.
On registration in the Balancing Service Providers Registry, the natural or legal persons as per paragraph 1 of this Article (Balancing Service Providers) shall conclude a Balancing Service Contract with the HETS Operator, the content of which shall be in alignment with the provisions of this Rulebook. The Balancing Service Contract is deemed as concluded between the parties upon registration with the Balancing Service Providers Registry and shall not be subject to any further formalities.
Natural or legal persons, in one or more of the following capacities, are obliged to be registered with the Balance Responsible Party Registry kept by the HETS Operator:
a) Producers, holders of a Production License or a relevant Exemption, as long as they own a power generating unit with a valid production license, which is located on the mainland or on the interconnected islands and has an installed capacity of over 5MW,
b) RES Producers, holders of a Production License or a RES Producer Certificate or a relevant Exemption, for RES Units with Market Participation Obligation, as long as they own a RES unit and they are not represented by a RES Aggregator,
c) Auto-producers,
d) RES Aggregators, holders of a RES Aggregator License for RES Units with Market Participation Obligation, including Last Resort RES Aggregators.
e) Demand Response Aggregators, holders of a relevant license,
f) Consumers, who provide Demand Response Services, if they are not represented by a Demand Response Aggregator.
g) Suppliers, holders of a Supply License, including Suppliers of Last Resort and Default Suppliers,
h) Self-Supplied customers,
i) Traders, holders of a Trading License, and
j) DAPEEP, which is the Operator of the RES Units Portfolio without Market Participation Obligation.
To register in the Balance Responsible Parties Registry, the terms and conditions foreseen by the ‘Terms and Conditions for Balance Responsible Parties’, as approved by decision of the RAEWW subsequent to the recommendations of the HETS Operator, must be met in accordance with paragraph 4 of Article 18 of Law 4425/2016.
On registration in the Balance Responsible Parties Registry, the natural or legal persons as per paragraph 4 of this Article (Balance Responsible Parties) shall conclude a Balance Responsible Parties Contract with the HETS Operator, the content of which shall be in alignment with the provisions of this Rulebook. The Balance Responsible Party Contract shall be deemed to have been entered into by the parties upon registration with the Balance Responsible Parties Registry and shall not be subject to any further formalities.
In the event of a dispute between the parties in the Balancing Service/ Balance Responsible Parties Contract, the HETS Operator and the registered Balancing Service Provider / registered Balance Responsible Party shall initially seek an amicable settlement by mutual consultation in accordance with paragraph 2. To that end, the party raising the dispute shall send a notice to the other party, stating:
a) the Balancing Service Contract or the Balance Responsible Parties Contract between the Parties,
b) the reason for the dispute, and
c) a request for a future meeting, with a view to the amicable settlement of the dispute.
The parties shall meet within twenty (20) business days from communication of the notice. The parties must conduct the consultations in good faith and in accordance with business conventions in order to settle the dispute. The results of the consultations shall be reflected in a report, which shall be signed by their representatives and shall be binding upon the parties.
If no agreement is reached or no response is received within thirty (30) business days from the date of the above request for a meeting, either party may refer the issue for resolution in accordance with paragraph 4 of this article.
In the event that the dispute is not resolved through the amicable settlement process, the parties may refer the dispute to the RAEWW, either via the complaint procedure outlined in Article 34 of Law 4001/2011 or on the basis of Article 5(8) of Regulation (EU) 2017/2195, or they may submit the case for resolution by arbitration, in accordance with Article 37 of Law 4001/2011 and the arbitration mechanism of the RAEWW, or to another arbitration body or to the competent courts. For the resolution of any dispute regarding the interpretation or the implementation of this Rulebook, the Greek law shall apply.
Recourse to amicable settlement, arbitration or litigation pursuant to this Article shall not relieve the parties of their duty to perform their obligations under this Rulebook and any Balancing Service Contract entered into by the registered Balancing Service Provider or a Balance Responsible Party Contract entered into by the registered Balance Responsible Party.
This Article shall also apply after termination of the Balancing Service Contract of a registered Balancing Service Provider, or of the Balance Responsible Party Contract of a registered Balance Responsible Party.
The Balancing Service Contract/Balance Responsible Party Contract may be dissolved by termination by one of the Parties, in accordance with the provisions of this Article.
Each Balancing Service Provider / Balance Responsible Party is entitled to terminate the Balancing Service Contract / Balance Responsible Party Contract at any time. The Balancing Service Provider / Balance Responsible Party declares in writing, by serving a declaration by bailiff, its intention to terminate the Balancing Service Provider/Balance Responsible Party Contract, including its proposed last day of active participation. The HETS Operator shall accept the declaration within a period of thirty (30) days from the date of notification and shall determine the last day of active participation, having communicated with the RAEWW, the Energy Exchange, the Clearing House and/or the Network Operator, as applicable. From the day following the last active participation date and until the completion of all settlement arrangements provided for in this Rulebook or the HETS Grid Code or the Rulebook on Clearing of Balancing Market Positions for the period of active participation and the full and complete settlement of all of its liabilities arising from these obligations in accordance with this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, the Balancing Service Provider/Balance Responsible Party shall be considered a Participant subject to Deletion. Specifically for Load Representatives, the condition for their status as a Participant subject to Deletion is the non-representation of load meters after their last day of active participation. In the event that no Clearing House is in operation on the Balancing Market, another condition for establishing the Participant's status as a Deleted Participant is the presentation of guarantees in accordance with the provisions of Article 25.5 and the ‘ Methodology for Calculating Balancing Market Participation Guarantees’. The HETS Operator may extend the above deadline for acceptance of the declaration until the required actions of the Network Operator or the HETS Operator, as the case may be, regarding the change in the representation of the load meters of the declaring Load Representative or the provision of guarantees, if required as mentioned above, have been completed. The Participant under Deletion shall not be entitled to assume any new rights or obligations in accordance with this Regulation or the HETS Grid Code. After the completion of all settlements provided for in this Regulation or the HETS Grid Code or the Clearing Rulebook for Balancing Market Positions for the period of active participation and after having verified the full and complete payment of all the liabilities of the Participant subject to Deletion arising from these settlements in accordance with this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, the termination shall becomes effective, the Balancing Service Provider/Balance Responsible Party Contract is dissolved, and the HETS Operator shall then complete the deletion of the Participant from the HETS Operator Registry.
The HETS operator may terminate the Balancing Service Contract/Balance Responsible Party Contract in the following cases:
a) if the registered Balancing Service Provider/registered Balance Responsible Party does not meet the conditions for the lawful exercise of an electricity activity and/or the conditions for participation in the Balancing Market, or
b) if the registered Balancing Service Provider/registered Balance Responsible Party is in breach of its obligations against the Clearing House, or is subject to a measure on the basis of the Clearing Rulebook for Balancing Market Positions, and, in particular, to limitations regarding its participation in the Clearing of Positions and Cash Settlement procedures carried out by the Clearing House, to suspension of its capacity to act as a Clearing Member or deletion, or, in the event that no Clearing House operates in the Balancing Market, it hasn’t submitted guarantees in accordance with Article 25.5 of this Rulebook or it has financial obligations against the HETS Operator deriving from this Rulebook that have fallen due, or
c) if the registered Balancing Service Provider/registered Balance Responsible Party has not submitted guarantees for the charges foreseen in the HETS Grid Code or it has financial obligations against the HETS Operator deriving from the HETS Grid Code that have fallen due, or
d) if the registered Balancing Service Provider/registered Balance Responsible Party has lost the capacity to act as a Clearing Member or if is not on a contract with a General Clearing Member for the settlement of the cash claims and obligations it may have in accordance with the provisions in the Clearing Rulebook for Balancing Market Positions.
The HETS operator may terminate the Balancing Service Contract/Balance Responsible Party Contract in the following cases:
a) if the registered Balancing Service Provider/registered Balance Responsible Party repeatedly breaches its obligations under this Rulebook or the Balancing Service Contract / Balance Responsible Party Contract, or the HETS Grid Code, or
b) if the measure of deletion has been imposed on the registered Balancing Service Provider/registered Balance Responsible Party on the basis of the HeNEx Spot Trading Rulebook,
In the cases of paragraphs 3 and 4 of this Article, termination shall be notified in writing by a bailiff and shall enter into force and take effect as of the date of service thereof.
The Balancing Service Contract/Balance Responsible Party Contract shall be dissolved ipso jure if the HETS Operator Transactions Contract provided for in the HETS Grid Code is terminated, upon termination by the HETS Operator in accordance with paragraphs 3 and 4 of subsection 1.5 of the HETS Grid Code. The Balancing Service Provider or the Balance Responsible Party shall automatically become a Participant subject to Deletion, in case they become Participants subject to Deletion in accordance with the provisions of the HETS Grid Code, following a declaration by the Participant in accordance with paragraph 2 of subsection 1.5 of the HETS Grid Code.
The termination of the Balancing Service Contract / Balance Responsible Party Contract with Self-Supplied customers or Consumers, whose facilities are connected to HETS, shall mean that electricity supply shall cease for these facilities. In the event of termination of the Balancing Service Contract/Balance Responsible Party Contract with Self-Supplied customers or Consumers, whose facilities are connected to the Distribution Network, the HETS Operator shall notify the competent Distribution Network Operator, in order to take the necessary action to interrupt power supply as provided for in the Distribution Network Operation Code.
The registered Balancing Service Provider/registered Balance Responsible Party whose Balancing Service Contract/Balance Responsible Party Contract is terminated, shall continue to be liable to the HETS Operator and the Clearing House, in accordance with the provisions of this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, for obligations incurred prior to termination of the contract.
In the cases of paragraphs 3 and 4 of this Article, as of the termination of the Balancing Service Contract/Balance Responsible Party Contract and deletion from the HETS Operator Registry, all obligations of the deleted participant under this Rulebook shall become due and immediately payable.
The HETS Operator is required to notify termination or ipso jure dissolution of the Balancing Service Contract/Balance Responsible Party Contract or the placing of a Balancing Services Provider/Balance Responsible Party under the status of Participant subject to Deletion, to the RAEWW, the Energy Exchange, the Clearing House, the Distribution Network Operator and any other person deemed necessary, as soon as possible.
The interested party that wishes to register with the Balancing Service Providers Registry and/or the Balance Responsible Parties Registry shall submit the following to the HETS Operator:
a) A registration application whereby it declares that it expressly and unconditionally accepts this Rulebook, the HETS Grid Code and the Methodologies, parameters, special approvals, Technical Decisions and Manuals issued in accordance thereof, as amended and in force each time, and that it is obliged to comply with their content, including the fulfillment of their cash obligations deriving therefrom,
b) A solemn declaration by the interested party or its legal representative, indicating the documents attached to the Registration Application.
c) Documents evidencing the legal incorporation and operation of the interested party, and the legal representation of the applicant by the person signing the application and the above declarations.
d) Certificate from the Clearing House confirming that a Clearing Account has been created for the Participant as a Direct Clearing Member, or that a Clearing Account has been created for the Participant by a General Clearing Member, or Guarantees, in accordance with Article 25.5 in the event that no Clearing House operates in the Balancing Market, for any reason whatsoever,
e) Guarantees in accordance with the HETS Grid Code.
f) Generating Licence, or RES Generation Certificate, or a Supply Licence, Trading Licence, or Aggregator’s Licence, depending on the capacity in which the interested party is acting. If the interested party acts in many Capacities, it should adduce an appropriate license for each capacity.
g) For RES Producers, a copy of the Differential State Aid Support Contract or a certificate from the Renewable Energy Sources Operator and Guarantees of Origin (DAPEEP) regarding the operational status of RES and HECHP Units covered by the provisions of Article 3(19) of Law 4414/2016.
The HETS Operator shall register the applicant with the HETS Operator Registry within fifteen (15) business days from the day of submission of a complete application. Upon registration, the HETS Operator shall issue a relevant certificate to the interested party. A copy of the certificate shall be forwarded to the RAEWW, the Distribution Network Operator, the Clearing House and the Energy Exchange.
Details regarding the registration with the Balancing Service Providers Registry and the Balance Responsible Parties Registry are specified in the Technical Decision "Procedures for Registration with the HETS Operator Registry".
The HETS Operator may reject an application for registration with the HETS Operator Registry, when:
a) the applicant has not submitted a complete application or has not paid the registration fee, in accordance with Article 4.1 of this Rulebook,
b) in the past, the Applicant has been in breach of its obligations under an earlier Balancing Service Contract or a Balance Responsible Party Contract or a HETS Operator Transactions Contract, resulting in the termination of the Contract, unless the circumstances giving rise to the termination have ceased to exist,
c) the conclusion of a Balancing Service Contract or a Balance Responsible Party Contract with the applicant Participant is a reason of breach on the part of the HETS Operator of its obligations under any term of any mandatory legal or regulatory obligation as laid down in the applicable legislation,
d) the applicant has outstanding financial obligations to the HETS Operator for any reason whatsoever that have fallen due,
e) the relevant requirements, as set out in this Rulebook and the HETS Grid Code, are not met.
The HETS Operator shall justify the rejection of the Application. The rejection shall be notified to the RAEWW, the Distribution Network Operator, the Clearing House and the Energy Exchange.
The applicant may lodge an objection within ten (10) business days from the notification of the above rejection, on which the HETS Operator shall decide within ten (10) business days. The above objection and decision shall be notified to the RAEWW, the Distribution Network Operator, the Clearing House and the Energy Exchange.
In case of rejection of the application, the HETS Operator shall reimburse 80% of the registration fee paid for registration with the Registries specified in Article 4.2.