Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/3259 |
1994 No. 3259
ELECTRICITY
The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994
Made 15th December 1994
Laid before Parliament 20th December 1994
Coming into force 21th December 1994
Whereas certain orders1under section 32 of the Electricity Act 19892have been made and have had effect in relation to each public electricity supplier in England and Wales;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 32(1) and (2) of the said Act of 1989, and of all other powers enabling him in that behalf, after consultation in accordance with the requirements of the said section 32(1), hereby makes the following Order:
Citation, commencement, application and interpretation
1.—(1) This Order may be cited as the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994 and shall come into force on 21st December 1994.
(2) This Order does not apply to Scotland.
(3) In this Order, unless the context otherwise requires—
“the Act” means the Electricity Act 1989;
“biomass generating stations” means generating stations which are fuelled wholly or partially by any one or more of the following—
(a) crops grown for the purpose of providing a source of energy;
(b) agricultural waste;
(c) forestry waste; and
(d) fuel derived from any one or more of the types of crop or waste mentioned in sub-paragraphs (a) to (c) above,
but excluding any such station as is partially fuelled by any one or more of the following—
(a) gas derived from landfill sites of any description;
(b) municipal waste;
(c) industrial waste;
(d) gas or waste, derived from human sewage; and
(e) fuel derived from either or both of municipal and industrial waste;
“biomass GPC generating stations” means generating stations which—
(a) are fuelled wholly or partially by any 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 types of crop or waste mentioned in sub-paragraphs (i) and (ii) above,
but excluding any such station as is partially fuelled by any one or more of the following—
(i) gas derived from landfill sites of any description;
(ii) municipal waste;
(iii) industrial waste;
(iv) agricultural waste;
(v) gas or waste, derived from human sewage; and
(vi) fuel derived from any one or more of the types of waste mentioned in sub-paragraphs (ii) to (iv) above; and
(b) are driven wholly by an engine, or a gas turbine, fuelled directly by gas produced by partial combustion or partly by an engine, or gas turbine, so fuelled and partly by an engine, or any turbine, utilising steam produced using heat from the first engine or gas turbine;
“commissioning process” means the process consisting of such procedures and tests as from time to time constitute usual industry standards and practices for commissioning a non-fossil fuel generating station of any description specified in the heading to any of Tables A to G in Schedule 1 to this Order in order—
(a) to demonstrate that such a non-fossil fuel generating station is—
(i) capable of commercial operation; or
(ii) in the case of a non-fossil fuel generating station which is the subject of relevant arrangements, capable of commercial operation for the purpose of such arrangements;
(b) to establish the external physical conditions outside the control of the operator which are necessary for the operation of such station or which control the amount of electricity produced by the station; and
(c) to establish the operating parameters within which such station can be operated in accordance with practices, methods and procedures which are or should be adopted by a person exercising that degree of judgement, skill, diligence and foresight which would ordinarily and reasonably be expected from a skilled and experienced operator engaged in the business of operating such a station lawfully;
“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 operated by the public electricity supplier in whose authorised area the station is or will be located;
“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 as inserted by regulation 2 of the Electricity Act 1989 (Modifications of Section 32(5) to (8)) Regulations 19903;
“hydro generating stations” means generating stations which are driven by any form of water power other than tidal or wave power;
“landfill gas generating stations” means generating stations which are fuelled wholly or partially 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 19744or in accordance with conditions specified in a resolution passed by the relevant disposal authority pursuant to section 11(3)(e) of the said Act of 1974, but excluding any such station as is partially fuelled by any one or more of the following—
(a) gas derived from landfill sites of any other description;
(b) municipal waste;
(c) industrial waste;
(d) gas or waste, derived from human sewage; and
(e) fuel derived from either or both of the types of waste mentioned in sub-paragraphs (b) and (c) above;
“municipal and industrial waste generating stations” means generating stations which are fuelled wholly or partially by any one or more of the following—
(a) municipal waste;
(b) industrial waste; and
(c) fuel derived from either or both of the types of waste mentioned in sub-paragraphs (a) and (b) above,
but excluding any such station as is partially fuelled by either or both of the following—
(a) gas or waste, derived from human sewage; and
(b) gas derived from any landfill site which was not a landfill site 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 or in accordance with conditions specified in a resolution passed by the relevant disposal authority pursuant to section 11(3)(e) of the said Act of 1974;
“operator” means an operator of any relevant non-fossil fuel generating station;
“the pooling and settlement agreement” means the pooling and settlement agreement to which an operator may be required to become a party by the licence (if any) granted to him under section 6 of the Act;
“premium price arrangement” means an arrangement made before the day on which this Order is made under which a public electricity supplier or a person on behalf of a public electricity supplier agrees to purchase electricity generated by a non-fossil fuel generating station at any time in the period commencing on 21st July 1993 and ending on 31st December 1998 (whether or not the agreement covers other periods) for a fixed price per kilowatt-hour (kWh) and for this purpose—
(a) where the operator of the generating station in question is a party to the pooling and settlement agreement, an arrangement between that operator and a public electricity supplier or person on behalf of a public electricity supplier shall be treated as if it is an arrangement to purchase electricity at a fixed price per kilowatt-hour (kWh) if it provides for such payments to be made by either party to the other as shall ensure that the aggregate price receivable by the operator in question under the arrangement and the pooling and settlement agreement for electricity generated in specified periods is equal to a fixed amount specified in the said arrangement; and
(b) any provision for adjustment of the price by reference to any measure of inflation shall be disregarded;
“relevant arrangements” means arrangements evidence of the making of which is produced to the Director in accordance with paragraph (1) of article 2 of this Order;
“relevant non-fossil fuel generating station” means a generating station of a description specified in the heading to any of Tables A to G in Schedule 1 to this Order and falling within the description of non-fossil fuel generating station specified in paragraph (2) of article 2 of this Order;
“wind generating stations” means generating stations which are driven by wind;
“wind generating stations exceeding 1.6 MW” means wind generating stations each of which has a declared net capacity exceeding 1.6 megawatts and none of which is operated by a person who operates more than 9 other wind generating stations which are the subject of relevant arrangements and for this purpose—
(a) a person, being a body corporate, shall be treated as operating any generating station operated by a body corporate which is associated with him; and
(b) a body corporate shall be treated as associated with another body corporate if—
(i) one of them is a subsidiary of the other; or
(ii) both of them are subsidiaries of the same holding company,
and “holding company” and “subsidiary” shall have the same meaning as in section 736 of the Companies Act 19855;
“wind generating stations not exceeding 1.6 MW” means wind generating stations each of which has a declared net capacity not exceeding 1.6 megawatts.
Requirement to make arrangements etc.
2.—(1) Each public electricity supplier in England and Wales shall, before 20th January 1995, make (in so far as he has not already done so) and produce to the Director evidence showing that he has made such additional arrangements as will secure that for each period shown in Tables A to G in Schedule 1 (specified aggregate amounts of generating capacity) to this Order the aggregate amount of generating...
To continue reading
Request your trial