The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998

PART III MUNICIPAL AND INDUSTRIAL WASTE WITH COMBINED HEAT AND POWER GENERATING STATIONS

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

Table C

Name of Supplier	Period
	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21
Eastern Electricity plc	0.000	0.000	0.000	1.354	3.872	4.776	9.585	9.585	9.585	9.585	9.585	9.585	9.585	9.585	9.585	9.585	9.585	8.178	5.712	4.808	0.000
East Midlands Electricity plc	0.000	0.000	0.000	0.889	2.543	3.137	6.296	6.296	6.296	6.296	6.296	6.296	6.296	6.296	6.296	6.296	6.296	5.372	3.752	3.158	0.000
London Electricity plc	0.000	0.000	0.000	0.988	2.826	3.486	6.996	6.996	6.996	6.996	6.996	6.996	6.996	6.996	6.996	6.996	6.996	5.969	4.169	3.509	0.000
Manweb plc	0.000	0.000	0.000	0.573	1.639	2.022	4.057	4.057	4.057	4.057	4.057	4.057	4.057	4.057	4.057	4.057	4.057	3.462	2.418	2.035	0.000
Midlands Electricity plc	0.000	0.000	0.000	0.958	2.741	3.381	6.786	6.786	6.786	6.786	6.786	6.786	6.786	6.786	6.786	6.786	6.786	5.790	4.044	3.404	0.000
Northern Electric plc	0.000	0.000	0.000	0.523	1.497	1.847	3.707	3.707	3.707	3.707	3.707	3.707	3.707	3.707	3.707	3.707	3.707	3.163	2.209	1.859	0.000
NORWEB plc	0.000	0.000	0.000	0.830	2.374	2.928	5.877	5.877	5.877	5.877	5.877	5.877	5.877	5.877	5.877	5.877	5.877	5.014	3.502	2.947	0.000
SEEBOARD plc	0.000	0.000	0.000	0.820	2.345	2.893	5.807	5.807	5.807	5.807	5.807	5.807	5.807	5.807	5.807	5.807	5.807	4.954	3.460	2.912	0.000
Southern Electric plc	0.000	0.000	0.000	1.225	3.505	4.323	8.675	8.675	8.675	8.675	8.675	8.675	8.675	8.675	8.675	8.675	8.675	7.402	5.170	4.351	0.000
South Wales Electricity plc	0.000	0.000	0.000	0.345	0.988	1.219	2.448	2.448	2.448	2.448	2.448	2.448	2.448	2.448	2.448	2.448	2.448	2.089	1.459	1.228	0.000
South Western Electricity plc	0.000	0.000	0.000	0.563	1.610	1.987	3.987	3.987	3.987	3.987	3.987	3.987	3.987	3.987	3.987	3.987	3.987	3.402	2.376	2.000	0.000
Yorkshire Electricity Group plc	0.000	0.000	0.000	0.810	2.317	2.858	5.737	5.737	5.737	5.737	5.737	5.737	5.737	5.737	5.737	5.737	5.737	4.894	3.418	2.877	0.000

In Table C–

(a) period 1 means 1 December 1998 to 31 March 1999

• period 2 means 1 April 1999 to 31 March 2000

• period 3 means 1 April 2000 to 31 March 2001

• period 4 means 1 April 2001 to 31 March 2002

• period 5 means 1 April 2002 to 31 March 2003

• period 6 means 1 April 2003 to 31 March 2004

• period 7 means 1 April 2004 to 31 March 2005

• period 8 means 1 April 2005 to 31 March 2006

• period 9 means 1 April 2006 to 31 March 2007

• period 10 means 1 April 2007 to 31 March 2008

• period 11 means 1 April 2008 to 31 March 2009

• period 12 means 1 April 2009 to 31 March 2010

• period 13 means 1 April 2010 to 31 March 2011

• period 14 means 1 April 2011 to 31 March 2012

• period 15 means 1 April 2012 to 31 March 2013

• period 16 means 1 April 2013 to 31 March 2014

• period 17 means 1 April 2014 to 31 March 2015

• period 18 means 1 April 2015 to 31 March 2016

• period 19 means 1 April 2016 to 31 March 2017

• period 20 means 1 April 2017 to 31 March 2018

• period 21 means 1 April 2018 to 31 November 2018

(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) n 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 annual 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 C;

• 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 = declared net capacity expressed in kilowatts × 8760hours × H

  where–

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

  Relevant Period	Value of H
  1–6	0
  7	0.09
  8	0.18
  9	0.27
  10	0.36
  11 and subsequent periods	0.4

• “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.