PART 4Cases and circumstances when a SROC must not be issued

Generating stations in respect of which a NFFO arrangement applied but was terminated20

1

This article applies where–

a

a NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”);

b

the applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; and

c

the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired.

2

Subject to paragraph (3), where this article applies no SROCs are to be issued in respect of any electricity generated by a generating station–

a

which is situated wholly or partly at the location;

b

to which the applicable NFFO arrangement applied at the time it was commissioned; and

c

which is owned or operated by a person–

i

who was a party to the applicable NFFO arrangement; or

ii

who is a connected person or a linked person in relation to any such party.

3

Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.