PART 4Cases and circumstances when a SROC must not be issued
F1Combustion units in relation to which a CFD or investment contract has been entered into21B
1
This article applies to a combustion unit in relation to which a CFD or investment contract has been entered into.
2
Subject to paragraph (3), SROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies.
3
Paragraph (2) does not apply if a CFD transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit.
4
A CFD transfer notice is a notice which—
a
is in writing;
b
identifies the combustion unit to which it relates;
c
states the date from which the operator of the generating station intends to start using that combustion unit to generate electricity only from biomass (“the conversion date”); and
d
states the date on which a CFD or investment contract was entered into in relation to that combustion unit.
5
Once a CFD transfer notice has been received by the Authority it cannot be withdrawn.
6
Subject to paragraph (7), the operator of a generating station may change the conversion date stated in a CFD transfer notice in respect of a combustion unit at the generating station by giving notice to the Authority in writing.
7
The conversion date stated in a CFD transfer notice cannot be changed—
a
after F231st March 2027;
b
after the CFD transfer notice has come into force; or
c
if a CFD entered into in relation to the combustion unit to which the CFD transfer notice relates has been terminated or otherwise ceased to have effect.
8
For the purpose of this article, a CFD transfer notice comes into force—
a
on the conversion date stated in the CFD transfer notice; or
b
if earlier, as from the start of the first month—
i
which is after March 2014; and
ii
during which the combustion unit to which the CFD transfer notice relates burns only biomass.
9
For the purpose of paragraph (8)(b)(ii), no account is to be taken of any fossil fuel or waste which is used—
a
in the combustion unit for a purpose listed in article 22(3)(a); and
b
in a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in article 22(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10% of the energy content of all of the energy sources burned in that combustion unit during that month.