The Renewables Obligation (Scotland) Order 2009

PART 5 SROCs to be issued by Authority in respect of [F1 RO eligible] renewable output

Textual Amendments

F1 Words in Pt. 5 heading inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 8(1) (with art. 27)

[F2 RO input electricity, RO output electricity and ineligible renewable sources

23A.— (1) This article applies for the purposes of this Part.

(2) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO input electricity” in relation to that station means the total input electricity of the station during that month.

(3) Subject to paragraphs (4) and (5), in any month where the total installed capacity of a generating station includes excluded capacity, the RO input electricity of the station is equal to

where—

(a)

A is the total input electricity of the station during that month;

(b)

B is the total installed capacity of the excluded capacity; and

(c)

C is the total installed capacity of the station.

(4) Subject to paragraph (5), in any month where the total installed capacity of a generating station includes excluded capacity and electricity which is used by the station solely for purposes directly related to the operation of the excluded capacity is measured separately from the remainder of the electricity used by the station, the RO input electricity of the station is equal to where—

(a) A is the total input electricity of the station during that month; and

(b) D is the total amount of electricity measured as being used by the station solely for purposes directly related to the operation of the excluded capacity during that month.

(5) In any month where—

(a) the total installed capacity of a generating station includes excluded capacity;

(b) all of the electricity which is used by the station for purposes directly related to the operation of the RO capacity is measured separately from the remainder of the electricity used by the station; and

(c) the station does not generate electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel),

“RO input electricity” in relation to that station means the total amount of electricity measured as being used by the station for purposes directly related to the operation of the RO capacity during that month.

(6) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO output electricity” in relation to that station means the total amount of electricity generated by that station during that month.

(7) Subject to paragraph (8), in any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the excluded capacity is measured separately from any electricity generated by the station using RO capacity, the RO output electricity of the station is equal to where—

(a) E is the total amount of electricity generated by the station during that month; and

(b) F is the total amount of electricity measured as being generated by the excluded capacity during that month.

(8) In any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the station using the RO capacity is measured separately from any electricity generated by the station using excluded capacity, the RO output electricity in relation to that station means the total amount of electricity measured as being generated by the RO capacity during that month.

(9) Electricity is generated from an ineligible renewable source if it is generated using the RO capacity of a generating station and—

(a) it is generated from landfill gas (other than electricity generated by a generating station to which article 29 applies, generated using pre-2013 capacity, generated in the way described in Schedule 2 as “closed landfill gas”, or generated using the heat from a turbine or engine);

(b) where one or more of the criteria set out in articles 36 to 40 have to be satisfied before SROCs can be issued in respect of the station’s or those stations’ RO eligible renewable output, it is electricity in respect of which any of those criteria are not satisfied; or

(c) it is electricity in respect of which SROCs are not to be issued by virtue of Part 4.

(10) In this article, references to “operation” include fuel handling, fuel preparation, maintenance and the pumping of water.]

Textual Amendments

F2 Art. 23A inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 8(2) (with art. 27)

SROCs to be issued by Authority in respect of a generating station's [F3 RO eligible] renewable output

24.—(1) The Authority is to issue SROCs.

(2) Subject to [F4 paragraphs (2A) and] (3) and article 60 (modification of this Order in relation to microgenerators in certain circumstances), SROCs–

(a) are to be issued in respect of a generating station's [F5 RO eligible] renewable output in a month; and

(b) must not be issued before the end of the second month following that month.

[F6 (2A) Where—

(a) electricity was generated—

(i) by a generating station with a total installed capacity of at least one megawatt; and

(ii) using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and

(b) the greenhouse gas emissions from the use of that biomass are above the relevant target,

SROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.

(2B) For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).]

(3) When issuing SROCs in respect of electricity generated in a month by a generating station or, in the case of SROCs certifying the matters within section 32B(5), (6) or (8) of the Act, two or more generating stations, the Authority must–

(a) determine the [F7 RO eligible] renewable output of that generating station or, as the case may be, those generating stations in that month in accordance with article 25 or 26 (whichever is applicable);

F8 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) issue SROCs in respect of that station's or those stations' [F9 RO eligible] renewable output, the amount of electricity to be stated in each SROC being determined in accordance with articles 27 to 32 (banding and grandfathering).

(4) Where a generating station generates electricity–

(a) wholly from renewable sources a proportion of which is composed of fossil fuel;

[F10 (b) wholly from renewable sources and the RO input electricity used by the generating station in generating that electricity exceeds 0.5% of the RO output electricity;

(ba) partly using excluded capacity;

(bb) partly from an ineligible renewable source;]

(c) partly from renewable sources and partly from fossil fuel,

SROCs are to be issued in respect of a proportion only of the electricity generated by the station.

(5) Where the number of megawatt hours of [F11 RO eligible] renewable output in respect of which SROCs are to be issued does not equate to a whole number of SROCs, the number of megawatt hours is to be rounded to the nearest figure which does so equate (and where there are two such figures, the number of megawatt hours is to be rounded upwards).

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in art. 24 heading inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(2) (with art. 27)

F4 Words in art. 24(2) substituted (1.12.2015) by The Renewables Obligation (Scotland) Amendment Order 2015 (S.S.I. 2015/384), arts. 1(1), 8(a) (with art. 16)

F5 Words in art. 24(2)(a) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(3) (with art. 27)

F6 Art. 24(2A)(2B) inserted (1.12.2015) by The Renewables Obligation (Scotland) Amendment Order 2015 (S.S.I. 2015/384), arts. 1(1), 8(b) (with art. 16)

F7 Words in art. 24(3)(a) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(4)(a) (with art. 27)

F8 Art. 24(3)(aa)(b) omitted (1.4.2014) by virtue of The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(4)(b) (with art. 27)

F9 Words in art. 24(3)(c) substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(4)(c) (with art. 27)

F10 Art. 24(4)(b)-(bb) substituted for art. 24(4)(b) (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(5) (with art. 27)

F11 Words in art. 24(5) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(6) (with art. 27)

F12 Art. 24(6) omitted (1.4.2014) by virtue of The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 9(7) (with art. 27)

[F13 Calculating a generating station’s RO eligible renewable output

25.— (1) Subject to article 26, the RO eligible renewable output of a generating station in any month is equal to—

(a) where the RO input electricity used by the generating station during that month does not exceed 0.5% of the RO output electricity of that station during that month, ; and

(b) in any other case, .

(2) In paragraph (1)—

(a) A is equal to

where—

(i)

C is the RO output electricity of the generating station during the month in question;

(ii)

D is the energy content of all of the renewable sources used in generating that station’s RO output electricity during that month, less the energy content of—

(a)

any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-head (bb) or (cc) is in part composed);

(b)

any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); and

(c)

except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; and

(iii)

E is the energy content of all of the fuels used in generating that station’s RO output electricity during that month;

(b)

B is the RO output electricity of that station during that month less the RO input electricity it uses during that month;

(c)

C has the same meaning as in sub-paragraph (a)(i); and

(d)

F is the total amount of electricity generated by that station from an ineligible renewable source during that month.

(3) Paragraphs (4) and (7) apply for the purposes of this Part and Part 6.

(4) Where during any month the RO eligible renewable output of a generating station is generated in two or more ways, the proportion of the station’s RO eligible renewable output which is generated in each of those ways is—

(a) in the case of electricity generated in the way described as “landfill gas heat recovery” in Schedule 2, ;

(b) in the case of electricity generated using mixed gas in the way described as “AD” in Schedule 2, ;

(c) in the case of electricity generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, ; and

(d) in the case of electricity generated in a way not falling within sub-paragraph (a), (b) or (c), .

(5) In paragraph (4)—

(a) G is the maximum capacity in that month at which the station could generate electricity—

(i) in the way described as “landfill gas heat recovery” in Schedule 2;

(ii) using RO capacity; and

(iii) for a sustained period without causing damage to the station (assuming the heat used by the station to generate electricity was available to it without interruption);

(b) H is the total installed capacity of the RO capacity of the station in that month;

(c) I is the energy content of the mixed gas used in generating the station’s RO output electricity during that month;

(d) J is the energy content of all of the renewable sources used in generating the station’s RO output electricity during that month;

(e) K is the dry mass of—

(i) any waste which constitutes a renewable source (other than sewage); and

(ii) any biomass (other than sewage);

from which the mixed gas used in generating the station’s RO output electricity during that month is formed, less the dry mass of any digestible fossil fuel from which that waste or biomass is in part composed;

(f) L is the dry mass of all of the material from which the mixed gas used in generating the station’s RO output electricity during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed;

(g) M is the dry mass of all the material from which the mixed gas used in generating the station’s RO output electricity during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed;

(h) N is the energy content of the renewable sources used when generating the station’s RO output electricity in that way during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of head (ii) or (iii) is in part composed);

(ii) any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); and

(iii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; and

(i) P is the energy content of all of the renewable sources used in generating the station’s RO output electricity during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which fuel the energy content of which is deducted by virtue of head (ii) or (iii) is in part composed);

(ii) any of those renewable sources which is a Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); and

(iii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals as the inlet to the station of less than 2 megajoules per metre cubed.

(6) References in paragraph (4) to a way of generating RO eligible renewable output are references to—

(a) one of the ways of generating electricity described in Schedule 2;

(b) generating electricity in the way described in article 28D(1)(c) (low-range co-firing of relevant energy crops);

(c) generating electricity in the way described in article 28E(1)(c) (low-range co-firing of relevant energy crops with CHP);

(d) generating electricity from renewable sources in a way not falling within sub-paragraph (a), (b) or (c).

(7) Where during any month two or more types of generating capacity form part of the RO capacity of a generating station, the proportion of the station’s RO eligible renewable output which is generated using each of those types of generating capacity is .

(8) In paragraph (7)—

(a) Q is the total installed capacity of that type of generating capacity of the station in that month (other than any of that type of generating capacity which forms part of the excluded capacity of the station); and

(b) R is the total installed capacity of the RO capacity of the station in that month.

(9) References in paragraph (7) to a type of generating capacity are references to one of the following—

(a) pre-2013 capacity;

(b) 2013/14 capacity;

(c) 2014/15 capacity;

(d) 2015/16 capacity;

(e) post-2016 capacity.

(10) In this article—

“dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed; and

“mixed gas” means gas formed by the anaerobic digestion of sewage together with—

(a)

waste which constitutes a renewable source (other than sewage); or

(b)

biomass (other than sewage).]

Textual Amendments

F13 Art. 25 substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 10 (with art. 27)

[F14 RO eligible renewable] output of a qualifying combined heat and power generating station

26.—(1) For the purposes of determining the [F15 RO eligible] renewable output of a qualifying combined heat and power generating station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used for permitted ancillary purposes [F16 or is an advanced fuel] or is in the form of a liquid or gaseous fuel produced by means of F17 ...anaerobic digestion), article 25 applies subject to the following modifications.

(2) For paragraph (2)(a)(ii) of article 25, substitute–

“(ii) D is the energy content of all of the renewable sources used in generating that station's [F18 RO output electricity] during that month, less the energy content of–

(aa) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of [F19 sub-paragraph (cc)] is in part composed);

F20 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cc) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed,

multiplied by the proportion which the qualifying power output of that station bears to its total power output;”.

[F21 (3) For paragraph (5)(h) and (i) of that article, substitute—

“(h) N is the energy content of the renewable sources used in generating the station’s RO output electricity in that way during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of head (ii) is in part composed); and

(ii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed.”; and

(i) P is the energy content of all of the renewable sources used in generating the station’s RO output electricity during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of head (ii) is in part composed); and

(ii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed.”]

F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in art. 26 cross-heading substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 11(2) (with art. 27)

F15 Words in art. 26(1) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 11(3) (with art. 27)

F16 Words in art. 26(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 10(2)(a) (with art. 29)

F17 Words in art. 26(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 10(2)(b) (with art. 29)

F18 Words in art. 26(2) substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 11(4) (with art. 27)

F19 Words in art. 26(2) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 10(3)(a) (with art. 29)

F20 Words in art. 26(2) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 10(3)(b) (with art. 29)

F21 Art. 26(3) substituted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 11(5) (with art. 27)

F22 Art. 26(4) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 10(5) (with art. 29)