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Irish Statutory Instruments |
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You are here: BAILII >> Databases >> Irish Statutory Instruments >> Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2014.S.I. No. 603/2014 URL: http://www.bailii.org/ie/legis/num_reg/2014/0604.html |
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Notice of the making of this Statutory Instrument was published in |
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"Iris Oifigiúil" of 6th January, 2015. |
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I, ALEX WHITE, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 39 (as amended by Regulation 22 of the European Communities (Internal Market in Electricity) Regulations 2005 ( S.I. No. 60 of 2005 )) of the Electricity Regulation Act 1999 (No. 23 of 1999) and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental and Ministerial Functions) Order 2002 ( S.I. No. 300 of 2002 ) (as adapted by the Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 706 of 2007 ) and the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), following consultation with the Minister for the Environment, Community and Local Government and having given a draft of this order to the persons upon whom the obligation is to be imposed, hereby order as follows: |
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1. This Order may be cited as the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2014. |
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2. The Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ) is amended- |
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(a) by substituting the following for Article 4(1G) (as amended by Article 3(a) of the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 ( S.I. No. 421 of 2013 ): |
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"(1G) The period of the public service obligations to be imposed pursuant to Article 6D shall commence in respect of a REFIT power purchase agreement listed in column 2 of Schedule 3, 4 or 5- |
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(a) in the case of a generator not registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations, on the date on which the supplier purchases output which is exported for the purposes of distribution or transmission from the plant of the generator, |
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(b) in the case of a generator registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations and a supplier registered as the intermediary for that generator, on the date on which the supplier purchases output which is exported for the purposes of transmission or distribution from the plant of the generator, |
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(c) in the case of REFIT 1 not later than 30 September 2015, |
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and |
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(d) in the case of REFIT 2, not later than 30 September 2018. |
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(b) by substituting the following for Part 3 of Schedule 1: |
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"PART 3 |
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Renewable, Sustainable or Alternative Energy |
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Wind |
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Hydro |
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CHP |
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(c) by substituting the following for Schedule 1A: |
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"Schedule 1A |
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Renewable, Sustainable or Alternative Energy |
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AERV |
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", |
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(d) by substituting the following for Schedule 1B: |
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"Schedule 1B |
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Renewable, Sustainable or Alternative Energy |
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AERVI |
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Part 1 |
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Part 2 |
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Part 3 |
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", |
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(e) by substituting the following for Schedule 3: |
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"Schedule 3 |
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In this Schedule- |
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‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste; |
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‘LFG’ means landfill gas; |
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‘CHP’ means combined heat and power; |
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"small scale wind project" means any wind-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant; |
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‘large scale wind project’ means an onshore wind project with a maximum export capacity greater than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant; |
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‘hydro’ and ‘hydro project’ means any hydro-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant. |
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* trading as Energia |
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** Note that this plant will have a variable biodegradable fuel content, affecting the proportion of its exported electricity eligible for REFIT. This will be estimated ex-ante and will be certified for the purposes of REFIT calculations on an ex-post basis. |
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", |
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(f) by substituting the following for Schedule 4: |
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"Schedule 4 |
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In this Schedule- |
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‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste; |
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‘LFG’ means landfill gas; |
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‘CHP’ means combined heat and power; |
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‘small scale wind project’ means any wind-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant; |
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‘large scale wind project’ means an onshore wind project with a maximum export capacity greater than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant; |
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‘hydro’ and ‘hydro project’ means any hydro-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant; |
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* trading as Energia |
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", |
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and |
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(g) by substituting the following for Schedule 5 |
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"Schedule 5 |
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In this Schedule- |
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‘AD’ means anaerobic digestion; |
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‘anaerobic digestion’ means the process by which biomass material is broken down by micro-organisms under anaerobic conditions, and where the resulting biogas is used to generate electricity; |
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‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste; |
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‘CHP’ means combined heat and power (see cogeneration); |
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‘co-firing’ means the combustion of biomass, up to 30% of the stated electricity generation capacity of the plant in any single year, in one of the existing three peat fired power stations operational under state aid clearance. |
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‘cogeneration’ means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy - for the purposes of REFIT, only Cogeneration meeting the High Efficiency CHP standard will be accepted for support. "High Efficiency CHP" (HECHP) means High Efficiency Cogeneration as described in the 2004 Cogeneration Directive (2004/8/EC); |
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‘HECHP’ means High Efficiency Combined Heat and Power (see cogeneration) |
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". |
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GIVEN under my official Seal, |
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19 December 2014. |
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ALEX WHITE, |
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Minister for Communications, Energy and Natural Resources. |
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EXPLANATORY NOTE |
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(This note is not part of the Instrument and does not purport to be a legal interpretation.) |
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This Order modifies and updates elements of Statutory Instrument 217 of 2002, the principal order, dealing with the public service obligation on electricity consumers. This Order specifically updates the principal order in respect of renewable energy projects in the Alternative Energy Requirement (AER) and Renewable Energy Feed in Tariff (REFIT) schemes. |