Determination of green excluded electricity
3.—(1) An electricity supplier may apply to the CFD counterparty for a determination that an amount of electricity supplied by that supplier is green excluded electricity.
(2) An application under paragraph (1) must be made within six months of the conclusion of the quarterly obligation period in which the electricity was supplied and must contain evidence of—
(a)that supply;
(b)the country where the electricity was generated;
(c)the name of the generating station which generated the electricity;
(d)the date on which that generating station first became operational;
(e)the quarterly obligation period in which the electricity was supplied;
(f)the energy source from which the electricity was produced; and
(g)the proportion of that electricity which constitutes energy from renewable sources.
(3) The CFD counterparty must determine, in accordance with regulation 5, that an amount (“the relevant amount”) of electricity which is the subject of an application under paragraph (1) is green excluded electricity where—
(a)the electricity is energy produced from renewable sources;
(b)the electricity is generated in a member State other than the United Kingdom; and
(c)the date on which the generating station which generated the electricity first became operational was after 31st March 2015.
(4) Where the CFD counterparty has determined that an amount of electricity is green excluded electricity but subsequently determines that any of the criteria in paragraph (3)(a) to (c) are not met in respect of that electricity, that electricity shall not constitute green excluded electricity for the purpose of any subsequent calculation of CFD period contributions under the ESO Regulations.
(5) Where the CFD counterparty makes a determination about electricity under paragraph (3) or (4), it must give a notice to the electricity supplier who supplied that electricity which sets out that determination.
(6) The CFD counterparty must, as soon as reasonably practicable after six months have passed since the conclusion of a quarterly obligation period, give a notice to every electricity supplier which sets out the total volume of electricity which was the subject of applications under paragraph (1) in that quarterly obligation period.
(7) An application under paragraph (1) must be made in writing.