Regulation 14 Excluded applicationsI1

a generating station connected to a complete CCS system F2or is to be altered to be a generating station connected to a complete CCS system; or

a nuclear power station.

to be established as a hydro generating station; and

to have a generating capacity of 5 megawatts or less.

the CFD unit uses or is to use as its source of energy—

in the case of a CFD unit described in sub-paragraph (a) which is to be established, it is to have a generating capacity of 5 megawatts or less.

is or is to be an offshore wind CFD unit; and

is to be established or altered in phases of construction.

in Northern Ireland; or

in waters in or adjacent to Northern Ireland which are between the mean low water mark and the seaward limits of the territorial sea.

a CFD applies;

a capacity agreement applies; or

an application for a capacity agreement has been made but has not been determined.

an application for a capacity agreement has been made when an application is made for prequalification in accordance with the Electricity Capacity Regulations 2014 and capacity market rules made under Chapter 3 of Part 2 of the Energy Act 2013 (“CM rules”); and

an application for a capacity agreement has been determined when, in accordance with the Electricity Capacity Regulations 2014 and CM rules, it is no longer possible to obtain a capacity agreement as a consequence of that application.

where the CFD unit is or is to be part only of a generating station, the electricity to be generated by the CFD unit is metered separately from the electricity generated by the other part of the generating station or any other generating station;

where sub-paragraph (a) does not apply, the electricity to be generated by the CFD unit is metered separately from the electricity generated by any other generating station.