Part 3: Special Administration Regime Section 35: Licence modifications: relevant licensee nuclear company administration
This section provides a power to the Secretary of State to make modifications to the conditions and terms of the relevant licensee nuclear company’s electricity licence for the purpose of furthering the objective of the licensee nuclear company administration and may only be exercised when an RLNC administration order is in force.
	Subsection (1) gives the Secretary of State the power to modify the conditions and terms of the relevant licensee nuclear company’s electricity licence.
	Subsection (2) clarifies that these modifications may only be made when a licensed nuclear company administration order is in force and for the purpose of furthering the objective of the RLNC administration provided for in section 32(1).
	Subsection (3) requires the Secretary of State to have regard to certain matters before exercising the power in subsection (1). These considerations are:
the duties of the Secretary of State under sections 1 and 4(1)(b) of the Climate Change Act 2008 in relation to ‘Net Zero’ and meeting carbon budgets;
the interests of existing and future consumers, including their interests in relation to cost and security of supply of electricity;
the costs, expenditure or liabilities that the relevant licensee nuclear company may reasonably be expected to incur;
the need for the company to be able to finance its activities;
the need to ensure that the company has appropriate incentives to carry out its activities; and
any other matters the Secretary of State feels are appropriate.
	Subsection (4) provides examples of the type of modifications that could be made in section 1. This includes the calculation of the allowed revenue, the relevant licensee nuclear company providing assistance and information to the Authority and raising funds for the purposes of meeting the expenses of the RLNC administration order. These examples are illustrative and so this provision does not restrict the scope of this power.
	Subsection (5) confers a power to the Secretary of State to modify the standard conditions of electricity generation licence (and associated documentation). Subsection (6) provides that the Secretary of State can only make these modifications if it is appropriate to do so in consequence of, or for purposes incidental or supplementary to, the making of a modification under subsection (1).
	Subsection (7) provides the scope for what is meant by activities of a relevant licensee nuclear company in this Section.