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The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997

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Article 3(1)

SCHEDULE 1SPECIFIED AGGREGATE AMOUNTS OF GENERATING CAPACITY

PART INAEROBIC DIGESTION GENERATING STATIONS

1.  Table A below relates to anaerobic digestion generating stations—

Table A

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0000.0000.6880.8290.9000.9000.9000.9000.9000.9000.9000.9000.9000.9000.9000.9000.2110.0000.0000.000
East Midlands Electricity plc0.0000.0000.4520.5440.5910.5910.5910.5910.5910.5910.5910.5910.5910.5910.5910.5910.1390.0000.0000.000
London Electricity plc0.0000.0000.5020.6050.6570.6570.6570.6570.6570.6570.6570.6570.6570.6570.6570.6570.1540.0000.0000.000
Manweb plc0.0000.0000.2910.3500.3810.3810.3810.3810.3810.3810.3810.3810.3810.3810.3810.3810.0890.0000.0000.000
Midlands Electricity plc0.0000.0000.4870.5870.6370.6370.6370.6370.6370.6370.6370.6370.6370.6370.6370.6370.1490.0000.0000.000
Northern Electric plc0.0000.0000.2660.3200.3480.3480.3480.3480.3480.3480.3480.3480.3480.3480.3480.3480.0810.0000.0000.000
NORWEB plc0.0000.0000.4220.5080.5520.5520.5520.5520.5520.5520.5520.5520.5520.5520.5520.5520.1290.0000.0000.000
SEEBOARD plc0.0000.0000.4160.5020.5450.5450.5450.5450.5450.5450.5450.5450.5450.5450.5450.5450.1280.0000.0000.000
Southern Electric plc0.0000.0000.6230.7500.8150.8150.8150.8150.8150.8150.8150.8150.8150.8150.8150.8150.1910.0000.0000.000
South Wales Electricity plc0.0000.0000.1750.2110.2290.2290.2290.2290.2290.2290.2290.2290.2290.2290.2290.2290.0530.0000.0000.000
South Western Electricity plc0.0000.0000.2860.3440.3740.3740.3740.3740.3740.3740.3740.3740.3740.3740.3740.3740.0870.0000.0000.000
Yorkshire Electricity Group plc0.0000.0000.4110.4960.5390.5390.5390.5390.5390.5390.5390.5390.5390.5390.5390.5390.1260.0000.0000.000

In Table A—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “anaerobic digestion generating stations” means generating stations which are fuelled wholly by gas derived from anaerobic digestion of—

(a)agricultural waste; or

(b)agricultural waste and food-processing waste, provided that, in any period shown in Table A, the food-processing waste used makes up no more than 20 per cent. of the total weight of the agricultural and food-processing waste used (on a dry-weight basis).

PART IIBIOMASS GENERATING STATIONS

1.  Table B below relates to biomass generating stations—

Table B

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0000.0000.0339.2249.2249.2249.2249.2249.2249.2249.2249.2249.2249.2249.2249.2249.1900.0000.0000.000
East Midlands Electricity plc0.0000.0000.0226.0596.0596.0596.0596.0596.0596.0596.0596.0596.0596.0596.0596.0596.0370.0000.0000.000
London Electricity plc0.0000.0000.0246.7336.7336.7336.7336.7336.7336.7336.7336.7336.7336.7336.7336.7336.7080.0000.0000.000
Manweb plc0.0000.0000.0143.9043.9043.9043.9043.9043.9043.9043.9043.9043.9043.9043.9043.9043.8900.0000.0000.000
Midlands Electricity plc0.0000.0000.0236.5306.5306.5306.5306.5306.5306.5306.5306.5306.5306.5306.5306.5306.5060.0000.0000.000
Northern Electric plc0.0000.0000.0123.5683.5683.5683.5683.5683.5683.5683.5683.5683.5683.5683.5683.5683.5550.0000.0000.000
NORWEB plc0.0000.0000.0205.6555.6555.6555.6555.6555.6555.6555.6555.6555.6555.6555.6555.6555.6340.0000.0000.000
SEEBOARD plc0.0000.0000.0205.5885.5885.5885.5885.5885.5885.5885.5885.5885.5885.5885.5885.5885.5670.0000.0000.000
Southern Electric plc0.0000.0000.0308.3498.3498.3498.3498.3498.3498.3498.3498.3498.3498.3498.3498.3498.3180.0000.0000.000
South Wales Electricity plc0.0000.0000.0082.3562.3562.3562.3562.3562.3562.3562.3562.3562.3562.3562.3562.3562.3470.0000.0000.000
South Western Electricity plc0.0000.0000.0133.8373.8373.8373.8373.8373.8373.8373.8373.8373.8373.8373.8373.8373.8230.0000.0000.000
Yorkshire Electricity Group plc0.0000.0000.0205.5205.5205.5205.5205.5205.5205.5205.5205.5205.5205.5205.5205.5205.5000.0000.0000.000

In Table B—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “biomass generating stations” means generating stations which—

(a)are fuelled wholly or partly by one or more of the following—

(i)crops grown for the purpose of providing a source of energy;

(ii)forestry waste; and

(iii)fuel derived from either or both of the materials mentioned in sub-paragraphs (i) and (ii) above,

but excluding any such station as is partly fuelled by one or more of the following—

(aa)gas derived from landfill sites of any description;

(bb)municipal waste;

(cc)industrial waste;

(dd)agricultural waste;

(ee)sewage matter or gas or waste derived therefrom; and

(ff)fuel derived from one or more of the materials mentioned in sub-paragraphs (bb) to (ee) above; and

(b)are driven—

(i)wholly by an internal-combustion engine or a gas turbine, using gaseous or liquid fuel produced by gasification-by-partial-combustion or by pyrolysis of the fuel allowed by sub-paragraph (a) above; or

(ii)partly by an internal-combustion engine or a gas turbine using such gaseous or liquid fuel and partly by any engine or any turbine, using steam produced from—

(aa)heat from the first engine or turbine, or

(bb)heat produced during the production of the gaseous or liquid fuel.

PART IIIHYDRO GENERATING STATIONS

1.  Table C below relates to hydro generating stations—

Table C

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0170.3711.6611.8111.8111.8111.8111.8111.8111.8111.8111.8111.8111.8111.8111.4380.1490.0000.0000.000
East Midlands Electricity plc0.0110.2441.0911.1891.1891.1891.1891.1891.1891.1891.1891.1891.1891.1891.1890.9450.0980.0000.0000.000
London Electricity plc0.0120.2711.2121.3211.3211.3211.3211.3211.3211.3211.3211.3211.3211.3211.3211.0500.1090.0000.0000.000
Manweb plc0.0070.1570.7020.7660.7660.7660.7660.7660.7660.7660.7660.7660.7660.7660.7660.6080.0630.0000.0000.000
Midlands Electricity plc0.0120.2631.1761.2821.2821.2821.2821.2821.2821.2821.2821.2821.2821.2821.2821.0180.1050.0000.0000.000
Northern Electric plc0.0060.1430.6420.7000.7000.7000.7000.7000.7000.7000.7000.7000.7000.7000.7000.5560.0570.0000.0000.000
NORWEB plc0.0100.2271.0181.1101.1101.1101.1101.1101.1101.1101.1101.1101.1101.1101.1100.8820.0910.0000.0000.000
SEEBOARD plc0.0100.2251.0061.0971.0971.0971.0971.0971.0971.0971.0971.0971.0971.0971.0970.8710.0900.0000.0000.000
Southern Electric plc0.0150.3361.5031.6391.6391.6391.6391.6391.6391.6391.6391.6391.6391.6391.6391.3020.1350.0000.0000.000
South Wales Electricity plc0.0040.0940.4240.4620.4620.4620.4620.4620.4620.4620.4620.4620.4620.4620.4620.3670.0370.0000.0000.000
South Western Electricity plc0.0060.1540.6900.7530.7530.7530.7530.7530.7530.7530.7530.7530.7530.7530.7530.5980.0610.0000.0000.000
Yorkshire Electricity Group plc0.0100.2220.9941.0831.0831.0831.0831.0831.0831.0831.0831.0831.0831.0831.0830.8610.0890.0000.0000.000

In Table C

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “hydro generating stations” means generating stations of less than 5 megawatts declared net capacity which are driven by any form of water power other than—

(a)tidal or wave power;

(b)power from water which has been elevated or whose pressure has been increased, except where this has been done, directly or indirectly, by power derived from a relevant non-fossil fuel generating station other than—

(i)a dual-fired project (within the meaning of article 2(2)(b)); or

(ii)a generating station which is itself the subject either of a premium price arrangement or of relevant arrangements.

PART IVLANDFILL GAS GENERATING STATIONS

1.  Table D below relates to landfill gas generating stations—

Table D

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0007.77919.64621.18922.18422.52322.52221.87421.90821.57521.01920.51520.00219.22418.60611.8250.7770.7770.1590.000
East Midlands Electricity plc0.0005.11012.90613.92014.57314.79614.79514.36914.39214.17313.80813.47613.14012.62912.2237.7680.5100.5100.1040.000
London Electricity plc0.0005.67814.34015.46616.19316.44016.43915.96615.99115.74815.34214.97414.60014.03213.5818.6310.5670.5670.1160.000
Manweb plc0.0003.2938.3178.9709.3919.5359.5349.2609.2749.1338.8988.6848.4678.1387.8765.0060.3280.3280.0670.000
Midlands Electricity plc0.0005.50813.91015.00215.70715.94715.94615.48715.51115.27514.88214.52514.16213.61113.1738.3720.5500.5500.1120.000
Northern Electric plc0.0003.0097.6008.1978.5828.7138.7128.4628.4758.3468.1317.9367.7377.4377.1974.5740.3000.3000.0610.000
NORWEB plc0.0004.76912.04612.99213.60213.80913.80913.41113.43213.22812.88712.57812.26411.78711.4087.2500.4760.4760.0970.000
SEEBOARD plc0.0004.71311.90212.83713.44013.64513.64413.25213.27213.07112.73412.42812.11811.64611.2727.1640.4700.4700.0960.000
Southern Electric plc0.0007.04117.78219.17920.07920.38620.38519.79819.82919.52819.02418.56818.10417.40016.84010.7030.7030.7030.1440.000
South Wales Electricity plc0.0001.9875.0185.4135.6675.7535.7535.5875.5965.5115.3695.2405.1094.9114.7533.0200.1980.1980.0400.000
South Western Electricity plc0.0003.2368.1738.8159.2299.3709.3709.1009.1148.9768.7448.5358.3217.9987.7414.9190.3230.3230.0660.000
Yorkshire Electricity Group plc0.0004.65611.75912.68213.27813.48113.48013.09213.11212.91312.58012.27811.97211.50611.1367.0770.4650.4650.0950.000

In Table D—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “landfill gas generating stations” means generating stations which are fuelled wholly by gas derived from landfill sites on which, at any time before 22nd July 1993, activities were carried on in pursuance of a licence issued under section 5 of the Control of Pollution Act 1974(1) or in accordance with conditions specified in a resolution passed by the relevant disposal authority pursuant to section 11(3)(e) of that Act.

PART VMUNICIPAL AND INDUSTRIAL WASTE WITH COMBINED HEAT AND POWER GENERATING STATIONS

1.  Table E below relates to municipal and industrial waste with combined heat and power generating stations—

Table E

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0002.2876.5528.59311.75215.79315.79315.79315.79315.79315.79315.79315.79315.79315.79312.4378.7067.1994.0414.041
East Midlands Electricity plc0.0001.5024.3045.6457.72010.37510.37510.37510.37510.37510.37510.37510.37510.37510.3758.1705.7194.7292.6542.654
London Electricity plc0.0001.6694.7826.2728.57811.52811.52811.52811.52811.52811.52811.52811.52811.52811.5289.0786.3555.2552.9492.949
Manweb plc0.0000.9682.7733.6374.9756.6866.6866.6866.6866.6866.6866.6866.6866.6866.6865.2653.6853.0471.7101.710
Midlands Electricity plc0.0001.6194.6396.0848.32011.18211.18211.18211.18211.18211.18211.18211.18211.18211.1828.8056.1645.0972.8612.861
Northern Electric plc0.0000.8842.5343.3244.5466.1096.1096.1096.1096.1096.1096.1096.1096.1096.1094.8113.3682.7851.5631.563
NORWEB plc0.0001.4024.0175.2687.2059.6839.6839.6839.6839.6839.6839.6839.6839.6839.6837.6255.3384.4142.4772.477
SEEBOARD plc0.0001.3853.9695.2067.1199.5689.5689.5689.5689.5689.5689.5689.5689.5689.5687.5345.2744.3612.4482.448
Southern Electric plc0.0002.0705.9307.77810.63714.29514.29514.29514.29514.29514.29514.29514.29514.29514.29511.2577.8806.5163.6573.657
South Wales Electricity plc0.0000.5841.6732.1953.0024.0344.0344.0344.0344.0344.0344.0344.0344.0344.0343.1772.2241.8391.0321.032
South Western Electricity plc0.0000.9512.7253.5754.8896.5706.5706.5706.5706.5706.5706.5706.5706.5706.5705.1743.6222.9951.6811.681
Yorkshire Electricity Group plc0.0001.3683.9215.1437.0349.4539.4539.4539.4539.4539.4539.4539.4539.4539.4537.4445.2114.3092.4182.418

In Table E—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “municipal and industrial waste with combined heat and power generating stations” means generating stations which—

(a)are fuelled wholly or partly by one or more of the following—

(i)municipal waste;

(ii)industrial waste; and

(iii)fuel derived from either or both of the types of waste mentioned in sub-paragraphs (i) and (ii) above;

including stations fuelled partly by sewage matter where, in any period of the Order, such sewage matter used makes up no more than 10 per cent. of the weight of all the above fuel used including the sewage matter (all on a dry-weight basis),

but excluding any such station as is partly fuelled by—

(aa)gas derived from a landfill site of any description; or

(bb)gas derived from sewage; or

(cc)sewage matter in excess of the proportion set out above; and

(b)are combined heat and power stations—

(i)which are built with all the equipment, up to and including the meter for measuring heat supplied from the generating station, necessary to maintain and measure a continuous heat output at least equal to 200 per cent. of the declared net capacity of the generating station;

(ii)in respect of which there are, or there are reasonable prospects of obtaining, contracts with third parties to supply heat which would—

(aa)require the station to supply at least the required annual heat output in relevant Period 7; and

(bb)require at least 50 per cent. of the heat actually supplied in each period of the Order to be used within buildings for the purposes of heating space or (other than for industrial purposes) heating water;

(iii)in respect of which there are prospects of the station supplying at least the required annual heat output to a third party in periods of the Order subsequent to relevant Period 7, where at least 50 per cent. of the heat actually supplied would be for the purposes of heating space or (other than for industrial purposes) heating water; and

(iv)which are subject to contractual arrangements in relation to the supply of their electricity which only entitle that electricity to receive a premium price in respect of a period of the Order where, in the previous period of the Order, the station has supplied at least either the required annual heat output or the adjusted annual heat output to a third party and where at least 50 per cent. of the heat actually supplied has been used within buildings for the purposes of heating space or (other than for industrial purposes) heating water;

and for the purpose of this sub-paragraph (b)—

  • “adjusted annual heat output” means the required annual heat output with the following adjustments—

    (aa)

    if in any relevant Period the generating station fails to supply the required heat output, then the table (set out in the definition of “required annual heat output”) shall be adjusted so that the value of H for that relevant Period shall also apply to the next relevant Period, and the value of H for all subsequent relevant Periods shall be adjusted in each case to be equal to the value of H (prior to such adjustment) for the relevant Period preceding each such period; and

    (bb)

    if in any relevant Period the generating station fails to supply the adjusted annual heat output, then the table (set out in the definition of “required annual heat output”) shall be further adjusted so that the value of H (as last adjusted) for that relevant Period shall also apply to the next relevant Period, and the value of H for all subsequent relevant Periods shall be further adjusted in each case to be equal to the value of H (as last adjusted) for the relevant Period preceding each such period;

  • “period of the Order” means a period commencing and ending on the dates specified in relation to Table E;

  • particular “relevant Periods” are ascertained by taking the first period of the Order as being relevant Period 1, the next period of the Order as relevant Period 2, and so forth;

  • “required annual heat output” means B kilowatt-hours of heat, where B is ascertained by the application of the formula—

    B = declarednetcapacityexpressedinkilowatts × 8760hours × H

    where—

    • H has the value set out in the table below—

    Relevant periodValue of H
    1–60
    70.09
    80.18
    90.27
    100.36
    11 and subsequent periods0.4
  • “third party” means a person who is not a connected person to any person (other than a public electricity supplier contracting in pursuance of an obligation imposed by this Order or his agent) who is party to the contractual arrangements referred to in sub-paragraph (iv) above.

PART VIMUNICIPAL AND INDUSTRIAL WASTE FLUIDISED BED COMBUSTION GENERATING STATIONS

1.  Table F below relates to municipal and industrial waste fluidised bed combustion generating stations—

Table F

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0000.0000.0002.89517.25117.25117.25117.25117.25117.25117.25117.25117.25117.25117.25117.25117.25114.3550.0000.000
East Midlands Electricity plc0.0000.0000.0001.90111.33211.33211.33211.33211.33211.33211.33211.33211.33211.33211.33211.33211.3329.4300.0000.000
London Electricity plc0.0000.0000.0002.11312.59212.59212.59212.59212.59212.59212.59212.59212.59212.59212.59212.59212.59210.4780.0000.000
Manweb plc0.0000.0000.0001.2257.3037.3037.3037.3037.3037.3037.3037.3037.3037.3037.3037.3037.3036.0770.0000.000
Midlands Electricity plc0.0000.0000.0002.04912.21412.21412.21412.21412.21412.21412.21412.21412.21412.21412.21412.21412.21410.1640.0000.000
Northern Electric plc0.0000.0000.0001.1196.6736.6736.6736.6736.6736.6736.6736.6736.6736.6736.6736.6736.6735.5530.0000.000
NORWEB plc0.0000.0000.0001.77410.57710.57710.57710.57710.57710.57710.57710.57710.57710.57710.57710.57710.5778.8010.0000.000
SEEBOARD plc0.0000.0000.0001.75310.45110.45110.45110.45110.45110.45110.45110.45110.45110.45110.45110.45110.4518.6970.0000.000
Southern Electric plc0.0000.0000.0002.62015.61415.61415.61415.61415.61415.61415.61415.61415.61415.61415.61415.61415.61412.9930.0000.000
South Wales Electricity plc0.0000.0000.0000.7394.4064.4064.4064.4064.4064.4064.4064.4064.4064.4064.4064.4064.4063.6670.0000.000
South Western Electricity plc0.0000.0000.0001.2047.1777.1777.1777.1777.1777.1777.1777.1777.1777.1777.1777.1777.1775.9720.0000.000
Yorkshire Electricity Group plc0.0000.0000.0001.73210.32510.32510.32510.32510.32510.32510.32510.32510.32510.32510.32510.32510.3258.5920.0000.000

In Table F—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  In this Order, “municipal and industrial waste fluidised bed combustion generating stations” means generating stations—

(a)which are fuelled wholly or partly by any one or more of the following—

(i)municipal waste;

(ii)industrial waste; and

(iii)fuel derived from either or both of the types of waste mentioned in sub-paragraphs (i) and (ii) above,

including stations fuelled partly by sewage matter where, in any period of the Order, such sewage matter used makes up no more than 10 per cent. of the weight of all the above fuel used including the sewage matter (all on a dry-weight basis);

but excluding any such station as is partly fuelled by—

(aa)gas derived from a landfill site of any description; or

(bb)gas derived from sewage; or

(cc)sewage matter in excess of the proportion set out above; and

(b)in which the only method of fuel combustion is fluidised bed combustion.

PART VIIWIND GENERATING STATIONS

1.  Table G below relates to wind generating stations exceeding 0.768 MW.

Table G

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0000.00018.03443.07245.25845.25845.25845.25845.25845.25845.25845.25845.25845.25845.25845.25827.2232.1850.0000.000
East Midlands Electricity plc0.0000.00011.84728.29529.73129.73129.73129.73129.73129.73129.73129.73129.73129.73129.73129.73117.8831.4350.0000.000
London Electricity plc0.0000.00013.16431.43933.03533.03533.03533.03533.03533.03533.03533.03533.03533.03533.03533.03519.8701.5950.0000.000
Manweb plc0.0000.0007.63418.23419.16019.16019.16019.16019.16019.16019.16019.16019.16019.16019.16019.16011.5240.9240.0000.000
Midlands Electricity plc0.0000.00012.76930.49632.04432.04432.04432.04432.04432.04432.04432.04432.04432.04432.04432.04419.2741.5470.0000.000
Northern Electric plc0.0000.0006.97616.66217.50817.50817.50817.50817.50817.50817.50817.50817.50817.50817.50817.50810.5310.8450.0000.000
NORWEB plc0.0000.00011.05726.40927.74927.74927.74927.74927.74927.74927.74927.74927.74927.74927.74927.74916.6911.3390.0000.000
SEEBOARD plc0.0000.00010.92626.09527.41927.41927.41927.41927.41927.41927.41927.41927.41927.41927.41927.41916.4921.3230.0000.000
Southern Electric plc0.0000.00016.32338.98540.96440.96440.96440.96440.96440.96440.96440.96440.96440.96440.96440.96424.6401.9770.0000.000
South Wales Electricity plc0.0000.0004.60711.00311.56211.56211.56211.56211.56211.56211.56211.56211.56211.56211.56211.5626.9540.5570.0000.000
South Western Electricity plc0.0000.0007.50317.92018.82918.82918.82918.82918.82918.82918.82918.82918.82918.82918.82918.82911.3260.9080.0000.000
Yorkshire Electricity Group plc0.0000.00010.79425.78027.08827.08827.08827.08827.08827.08827.08827.08827.08827.08827.08827.08816.2941.3070.0000.000

In Table G—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

2.  Table H below relates to wind generating stations not exceeding 0.768 MW.

Table H

Name of SupplierPeriod
1234567891011121314151617181920
Eastern Electricity plc0.0000.2911.2301.4141.4141.4141.4141.4141.4141.4141.4141.4141.4141.4141.4141.0630.1820.0000.0000.000
East Midlands Electricity plc0.0000.1910.8080.9280.9280.9280.9280.9280.9280.9280.9280.9280.9280.9280.9280.6980.1190.0000.0000.000
London Electricity plc0.0000.2120.8981.0321.0321.0321.0321.0321.0321.0321.0321.0321.0321.0321.0320.7760.1330.0000.0000.000
Manweb plc0.0000.1230.5200.5980.5980.5980.5980.5980.5980.5980.5980.5980.5980.5980.5980.4490.0770.0000.0000.000
Midlands Electricity plc0.0000.2060.8711.0011.0011.0011.0011.0011.0011.0011.0011.0011.0011.0011.0010.7520.1290.0000.0000.000
Northern Electric plc0.0000.1120.4750.5460.5460.5460.5460.5460.5460.5460.5460.5460.5460.5460.5460.4110.0700.0000.0000.000
NORWEB plc0.0000.1780.7540.8660.8660.8660.8660.8660.8660.8660.8660.8660.8660.8660.8660.6510.1110.0000.0000.000
SEEBOARD plc0.0000.1760.7450.8560.8560.8560.8560.8560.8560.8560.8560.8560.8560.8560.8560.6440.1100.0000.0000.000
Southern Electric plc0.0000.2641.1141.2791.2791.2791.2791.2791.2791.2791.2791.2791.2791.2791.2790.9620.1650.0000.0000.000
South Wales Electricity plc0.0000.0740.3140.3600.3600.3600.3600.3600.3600.3600.3600.3600.3600.3600.3600.2710.0460.0000.0000.000
South Western Electricity plc0.0000.1210.5110.5880.5880.5880.5880.5880.5880.5880.5880.5880.5880.5880.5880.4420.0750.0000.0000.000
Yorkshire Electricity Group plc0.0000.1740.7360.8460.8460.8460.8460.8460.8460.8460.8460.8460.8460.8460.8460.6360.1090.0000.0000.000

In Table H—

(a)period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)capacity amounts are expressed in megawatts.

3.  In this Order—

  • “declared net capacity”, in the case of a wind generating station, means the declared net capacity ascertained by the application to such a station of the formula specified in subsection (8A) of section 32 of the Act(2);

  • “wind generating stations” means generating stations which are driven by wind;

  • “wind generating stations exceeding 0.768 MW” means wind generating stations each of which has a declared net capacity exceeding 0.768 megawatts; and

  • “wind generating stations not exceeding 0.768 MW” means wind generating stations each of which has a declared net capacity not exceeding 0.768 megawatts.

Article 4(1)

SCHEDULE 2CONDITIONS PRECEDENT

1.  The requirements referred to in article 4(1)(a) are—

(a)that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

(b)that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any public electricity supplier to whose electricity distribution system any relevant non-fossil fuel generating station is to be connected to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;

(c)that the operator has entered into, and there has come into force, a connection agreement;

(d)that the operator holds a licence or has the benefit of an exemption under Part I of the Act authorising him to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements;

(e)(to the extent that the arrangements relate to a relevant non-fossil fuel generating station whose operator is so required) that the operator has become a party to the pooling and settlement agreement;

(f)that the commissioning process has been satisfactorily completed;

(g)in the case of a landfill gas generating station, that an opinion has been obtained from an independent consulting engineer that, on commissioning, any generating set within the generating station is likely to have a useful life, provided it is operated in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry and in accordance with the manufacturer’s recommendations, of at least 15 years from the date of commissioning and that the generating station can reasonably be said to be built on new foundations;

(h)in the case of a municipal and industrial waste with combined heat and power generating station, that the generating station can reasonably be said to have been built with all the equipment, up to and including the meter for measuring heat supplied from it, necessary to maintain, if operated and maintained in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry, a continuous heat output from the generating station of at least 200 per cent. of its declared net capacity.

2.  In this Schedule—

“connection agreement” means an agreement providing for the connection of any relevant non-fossil fuel generating station to a system of electric lines and electrical plant through which generating capacity will be made available to a public electricity supplier.

Article 4(2)

SCHEDULE 3TERMINATION EVENTS

The events referred to in article 4(2)(a) are—

(1) the operator ceasing for any reason to be authorised by a licence or exemption granted under the Act to generate electricity for the purposes of giving a supply to any premises or enabling a supply to be given;

(2) the operator defaulting in the performance of any of his material obligations under the relevant arrangements and in the case of a default which is, in the opinion of the relevant public electricity supplier (acting reasonably), capable of remedy continuing to be unremedied at the expiry of 28 days following the date on which the supplier shall have given notice thereof to the operator;

(3) a binding order being made or an effective resolution being passed for the winding up of the operator (otherwise than for the purposes of reconstruction or amalgamation on terms previously approved in writing by the relevant public electricity supplier (whose approval shall not unreasonably be withheld)) and within 28 days of his appointment the liquidator of the operator not having provided to the supplier a guarantee of performance of the obligations of the operator under the relevant arrangements in such form and amount as the supplier (acting reasonably) may require.

(1)

1974 c. 40; at 22nd July 1993, section 5 had been amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 34, Part II and by the Planning (Consequential Provisions) Act 1990 (c. 11). Schedule 2, paragraph 31(1).

(2)

Subsection (8A) was inserted by regulation 2 of the Electricity Act 1989 (Modifications of Section 32(5) to (8)) Regulations 1990 (S.I. 1990/264).

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