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52.—(1) Subject to paragraph (2), this Chapter applies in respect of a supply contract where—
(a)it may reasonably be expected that—
(i)the quantity of energy supplied to the customer at the premises to which the supply contract relates in the 12 month period starting on 1st April 2023 will exceed 0.5 gigawatt hours, or
(ii)the maximum rate at which energy is supplied under the contract at any time will exceed 0.5 megawatts, and
(b)the customer has made arrangements under which—
(i)gas supplied to the customer under the supply contract may be used for the purpose of generating electricity (whether or not in conjunction with the production of heat), or
(ii)electricity supplied to the customer under the supply contract may be stored by or for the customer, and
some or all of the electricity generated or stored, may be delivered to an electricity system (such electricity being “grid-delivered”).
(2) This Chapter does not apply where—
(a)the capacity of the facility in which electricity supplied to the customer under the supply contract and generated or stored as described in paragraph (1)(b) is not material;
(b)the quantities in which that electricity is or may be delivered to an electricity system are not material;
(c)the application of this Chapter would be disproportionate, having regard to the complexity of determining ineligible quantities and to the capacity or quantities referred to in sub-paragraphs (a) or (b).
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