Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. No. 134 of 2010)

Article 37(2) or (4) but for the fact that it has already been produced to it under Article 5, the Authority must, subject to paragraph (4), refuse to issue a further NIROC (“the further NIROC”) in respect of electricity generated by the generating station in relation to which the original NIROC was issued. (4) The Authority shall refuse to issue the further NIROC under paragraph (3) only if the original NIROC was— (a) issued no more than six years previously, and (b) not issued to an electricity supplier under Article 32(2) and (3).”. Late payments to discharge the renewables obligation 13. In Article 41 (late payments to discharge the renewables obligation), after paragraph (6) insert — “(6A) If, by the end of the late payment period, the designated electricity supplier has not paid to the Authority the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), the supplier will not have discharged its renewables obligation for the relevant period.”. Information to be provided to the Authority where electricity is generated from biomass 14. In Article 46 (information to be provided to the Authority where electricity is generated from biomass), in sub-paragraph 46(1)(a), after “from biomass” insert— “(other than landfill gas or sewage gas)”. Revocation, transitional and savings 15. In Article 53(3)(a) (revocation, transitional and savings) for “on” substitute “or”. The 2009 Order: Schedule 1 16. In Schedule 1 (calculation of the Obligation)— (a) delete “,10” from the heading; and (b) for “2027” substitute “2033”. The 2009 Order: Schedules 2, 3, 4 17. In Schedule 2 (electricity to be stated in NIROCs)— (a) In Part 1 (Interpretation), at the appropriate place insert— ““dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station in a month in which the generating station generates electricity only from regular biomass or only from biomass;” and 5 Document Generated: 2011-07-08 Status: This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site. ““dedicated energy crops with CHP” means electricity generated from energy crops by a qualifying combined heat and power generating station in a month in which the generating station generates electricity only from energy crops or only from biomass;”. (b) Parts 2, 3 and 4 of Schedule 2 shall be deleted and replaced by— Articles 25(4) and (5) and 31(3) “PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS GENERALLY Generation type Amount of electricity to be stated in a NIROC Electricity generated from sewage gas 2 megawatt hours Co-firing of biomass Onshore wind Hydro-electric Electricity generated from landfill gas Co-firing of energy crops Energy from waste with CHP 1 megawatt hour Geopressure Co-firing of biomass with CHP Standard gasification Standard pyrolysis Offshore wind Dedicated biomass Co-firing of energy crops with CHP 23 megawatt hour Wave Tidal-stream Advanced gasification Advanced pyrolysis AD Dedicated energy crops 12 megawatt hour Dedicated biomass with CHP Solar photovoltaic 6 Document Generated: 2011-07-08 Status: This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site. Geothermal Tidal impoundment – tidal barrage Tidal impoundment – tidal lagoon

Article 28(3) PART 3 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(3) APPLIES Generation type Amount of electricity to be stated in a NIROC Electricity generated from sewage gas Offshore wind Wave Solar photovoltaic 1 megawatt hour

Article 28(5) and (6) and 39 PART 4 AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES Generation type Amount of electricity to be stated in a NIROC Electricity generated from sewage gas 1 megawatt hour” Transitional and Savings 18. Nothing in this Order is to affect— (a) the issue and revocation of a NIROC in respect of electricity generated before 1st April 2010, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation, under the 2009 Order; (b) the banding and grandfathering of a NIROC in respect of electricity generated before 1st April 2010, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such banding or grandfathering, under the 2009 Order; (c) any obligations or requirements imposed on an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2010, and anything which falls to be done or determined (whether by the generator or some other person) in relation to any such obligations and requirements, under the 2009 Order; 7 Document Generated: 2011-07-08 Status: This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site. (d) any obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it, under the 2009 Order. Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 24 March 2010. Jenny Pyper A senior officer of the Department of Enterprise, Trade and Investment 8 Document Generated: 2011-07-08 Status: This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site. EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Renewables Obligation Order (NI) 2009 (“the 2009 Order”) The 2009 Order imposes an obligation (“the renewables obligation”) on all electricity suppliers, licensed under the Electricity Order (Northern Ireland) 1992 (“the Electricity Order”) who supply electricity in Northern Ireland, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in Northern Ireland during a specified period known as an obligation period (Article 5). It also “bands” the different technologies that are used to generate electricity from renewable sources, meaning that the number of certificates that will be issued in respect of that electricity depends on the way in which that electricity has been generated. The Order provides for the renewables obligation to be administered by the Northern Ireland Authority for Utility Regulation (“the Authority”) who are responsible for issuing renewables obligation certificates (NIROCs) to renewable electricity generators on their renewable output. These certificates are sold to electricity suppliers with or without the associated renewable electricity. Alternatively, instead of producing the required number of certificates in respect of all or part of their renewables obligation, a supplier is permitted to make a payment to the Authority.

Article 5 deletes Article 10 (Calculation C) of the 2009 Order to remove the ceiling of 20% on the level of the renewables obligation. Consequential amendments are made by Articles 3, 6 and 7 to remove references to calculation C in Articles 5(3), 11 and 12 of the 2009 Order.

Article 4 amends Article 9 (Calculation B) of the 2009 Order to increase the level of the percentage increase which is to be applied in calculation B from 8% to 10% for all obligation periods after 31st March 2011. 8% will be used for the 1st April 2010 to 31st March 2011 obligation period.

Article 8 inserts provisions to extend the end date for the NIRO from 2027 until 2033 and to introduce a limit of 20 years on the eligibility period for generators accredited after 25th June 2008.

Article 9 amends the provisions for microgenerators and certain small scale renewable generation to permit higher levels of support for qualifying generation.

Article 10 makes a correction to Article 28 of the 2009 Order. Articles 11 and 12 amend Article 37 of, and insert a new Article 37A, into the 2009 Order. These amendments and new provisions allow the Authority, in certain circumstances, to reduce the number of NIROCs issued to a generator in any period to take account of NIROCs that had been wrongly issued to that generator within the previous 6 years.

Article 13 inserts a new paragraph 6A into Article 41 (Late Payments to discharge the renewables obligation) clarifying the existing legal position in relation to the late payment period (defined in

Article 41 of the 2009 Order).

Article 14 amends Article 46 of the 2009 Order in order to exclude landfill gas and sewage gas from the biomass sustainability reporting requirements.

Article 15 makes a correction to Article 53 of the 2009 Order.

Article 16 makes consequential changes to Schedule 1.

Article 17 inserts definitions into Part 1 of Schedule 2 for “dedicated biomass with CHP” and “dedicated energy crops with CHP”. Article 17 also deletes and replaces Parts 2, 3 and 4 of

Schedule 2. 9 Document Generated: 2011-07-08 Status: This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site. Article 18 provides for some provisions of the 2009 Order to be saved in respect of outstanding obligations or requirements imposed by it. 10