The Renewables Obligation (Scotland) Amendment Order 2014
| Jurisdiction | Scotland |
| Citation | SSI 2014/94 |
| Year | 2014 |
2014 No. 94
Electricity
The Renewables Obligation (Scotland) Amendment Order 2014
Made 31th March 2014
Coming into force 1st April 2014
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32(1) and (2), 32A(1) and (2), 32B(1), 32C(1) to (6), 32D(1) and (2), 32J(3) and 32K(1) and (3) of the Electricity Act 1989 (“the 1989 Act”)1and all other powers enabling them to do so.
In accordance with section 32L(3)2of the 1989 Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
In accordance with section 32D(4) of the 1989 Act the Scottish Ministers have had regard to the matters referred to in that section.
In accordance with section 32D(7) of the 1989 Act they have carried out a review by virtue of section 32D(8) of the 1989 Act.
In accordance with section 32L(1) of the 1989 Act they have consulted the Gas and Electricity Markets Authority3, the National Consumer Council4, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as they considered appropriate.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2014 and comes into force on 1st April 2014.
(2) In this Order, “the 2009 Order” means the Renewables Obligation (Scotland) Order 20095.
Amendment of the 2009 Order
2. The 2009 Order is amended in accordance with articles 3 to 26.
Interpretation
3.—(1) Article 2 (interpretation)6is amended as follows.
(2) In paragraph (1)—
(a)
(a) at the appropriate place alphabetically insert—
““CFD” has the meaning given in section 6(2) of the Energy Act 20137(regulations to encourage low carbon electricity generation);”;
““excepted generating station” means a generating station—
(a) which was accredited on or before 31st March 2011;
(b) which, since being accredited, has not ceased to be accredited at any time; and
(c) in respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited;”;
““excluded capacity” means—
(a) generating capacity which in the Authority’s view—
(i) formed part of a generating station from a date no earlier than 1st April 2014;
(ii) does not form part of the capacity of the station as accredited;
(iii) is not registered under article 58B (registration of additional capacity); and
(iv) is not a wind turbine forming part of a generating station which is offshore;
(b) a wind turbine which in the Authority’s view—
(i) is not registered under article 58A (registration of offshore wind turbines);
(ii) forms part of a generating station which is offshore; and
(iii) where the generating station was accredited as at 31st March 2011, is a registrable additional turbine; or
(c) a combustion unit in relation to which a CFD transfer notice has come into force, and for the purposes of this definition—
(i) “CFD transfer notice” has the meaning given in article 21B(4) (combustion units in relation to which a CFD or investment contract has been entered into); and
(ii) the date on which a CFD transfer notice comes into force is to be determined in accordance with article 21B(8);”;
““investment contract” has the meaning given in paragraph 1 of Schedule 2 to the Energy Act 2013 (meaning of “investment contract”);”;
““ISAE 3000” means the International Standard on Assurance Engagements 30008promulgated by the International Federation of Accountants;”;
““municipal waste” means—
(a) waste from households; and
(b) other waste that, because of its nature or composition, is similar to waste from households;”;
““national system operator” has the meaning given in section 8(3) of the Energy Act 2013 (duties of a CFD counterparty);”;
““RO capacity”, in relation to a generating station, means the generating capacity of the station other than excluded capacity;”;
““RO eligible renewable output” is to be construed in accordance with articles 25 (calculating a generating station’s RO eligible renewable output) and 26 (RO eligible renewable output of a qualifying combined heat and power generating station);”;
““total input electricity”, in relation to a generating station, means—
(a) the total amount of electricity used by the station for purposes directly related to its operation (including for fuel handling, fuel preparation, maintenance and the pumping of water) whether or not that electricity is generated by the station or used while the station is generating electricity; and
(b) where the station generates electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel), any electricity—
(i) in respect of which SROCs are or have been issued;
(ii) in respect of which SROCs cannot be issued by virtue of any provision of Part 4 (cases and circumstances when a SROC must not be issued); or
(iii) which was not generated from renewable sources;
and which is used in the production of that hydrogen (regardless of where or by whom the hydrogen is produced);”; and
““total output electricity”, in relation to a generating station, means the total amount of electricity generated by that station;”;
(b)
(b) for the definition of “CHPQA” substitute—
““CHPQA” means the Combined Heat and Power Quality Assurance Standard Issue 5 published by the Department of Energy and Climate Change in November 2013 and Guidance Note 44 (use of CHPQA to obtain support for electrical output from renewable CHP under the renewables obligation) Issue 4 published by the Department of Energy and Climate Change on 4th December 20139;”;
(c)
(c) omit the definition of “renewable output”; and
(d)
(d) for the definition of “total installed capacity” substitute—
““total installed capacity” in relation to references to a generating station or to generating capacity of any description means the maximum capacity at which that generating station or generating capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption).”.
(3) For paragraph (8) substitute—
“8 Any reference in this Order to a “type of generating capacity” is to be construed in accordance with article 25(9) (calculating a generating station’s RO eligible renewable output).”.
Amendment to article 3
4. In article 3(7) (waste as a renewable source) omit “, “municipal waste””.
Generating stations with excluded capacity
5. For article 17AB (electricity generated using unregistered offshore wind turbines)10substitute—
“Generating stations using excluded capacity to generate electricity
17AB.—(1) This article applies to a generating station where excluded capacity forms all or part of the total installed capacity of the station.
(2) SROCs are not to be issued in respect of any electricity generated in any month by a generating station to which this article applies unless during that month—
(a)
(a) all of the electricity generated by the station using the excluded capacity is measured separately from any electricity generated by the station using RO capacity; or
(b)
(b) all of the electricity generated by the station using the RO capacity is measured separately from any electricity generated by the station using the excluded capacity.
(3) SROCs are not to be issued in respect of any electricity generated using excluded capacity.”.
Electricity in respect of which a CFD or investment contract applies and combustion units in relation to which a CFD or investment contract has been entered into
6. After article 21 (non-commissioned generating stations in respect of which a NFFO arrangement applies) insert—
“Electricity in respect of which a CFD or investment contract applies
21A. SROCs are not to be issued in respect of any electricity in respect of which a CFD or investment contract applies.
Combustion units in relation to which a CFD or investment contract has been entered into
21B.—(1) This article applies to a combustion unit in relation to which a CFD or investment contract has been entered into.
(2) Subject to paragraph (3), SROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies.
(3) Paragraph (2) does not apply if a CFD transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit.
(4) A CFD transfer notice is a notice which—
(a)
(a) is in writing;
(b)
(b) identifies the combustion unit to which it relates;
(c)
(c) states the date from which the operator of the generating station intends to start using that combustion unit to generate electricity only from biomass (“the conversion date”); and
(d)
(d) states the date on which a CFD or investment contract was entered into in relation to that combustion unit.
(5) Once a CFD transfer notice has been received by the Authority it cannot be withdrawn.
(6) Subject to paragraph (7), the operator of a generating station may change the conversion date stated in a CFD transfer notice in respect of a combustion unit at the generating station by giving notice to the Authority in writing.
(7) The conversion date stated in a CFD transfer notice cannot be changed—
(a)
(a) after 21st March 2027;
(b)
(b) after the CFD transfer notice has come into force; or
(c)
(c) if a CFD entered into in relation to the combustion unit to which the CFD transfer notice relates has been terminated or otherwise ceased to have effect.
(8) For the purpose of this article, a CFD transfer notice comes into force—
(a)
(a) on the...
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