Article 8 Circumstances relating to certain generating stations that have been allocated a place within the dedicated biomass cap

(1)

The circumstances set out in this article are where the electricity is generated—

(a)

using the original capacity of a generating station—

(i)

which is not a relevant fossil fuel generating station,

(ii)

which was accredited on or before 30th September 2018,

(iii)

which has, in at least one month since it was accredited, generated electricity only from biomass, and

(iv)

in respect of which the documents specified in paragraph (3) were received by the Authority on or before the date on which the Authority made its decision to accredit the station, and

(b)

in a month in which the station generates electricity wholly or partly from solid fuel which is—

(i)

regular biomass, or

(ii)

energy crops.

(2)

For the purposes of paragraph (1)(a)(iii), in determining whether electricity has been generated only from biomass, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

(3)

The documents specified in this paragraph are—

(a)

a copy of a letter from the Secretary of State, where the letter—

(i)

is dated no later than 31st March 2017, and

(ii)

states that the generating station has been allocated a place under the dedicated biomass cap; and

(b)

where the generating station has not been certified under CHPQA 3 or CHPQA 5 at any time before it was commissioned, a declaration by the operator of the station that, to the best of their knowledge and belief, the station’s place under the dedicated biomass cap has not lapsed or been revoked or withdrawn by the Secretary of State.

(4)

In paragraph (3), “dedicated biomass cap” refers to the Government’s policy for a 400 megawatt cap on the total amount of new build generating capacity that receives support for the generation of electricity only from biomass^f1.

Annotations

Footnotes

f1: The policy is set out in the document titled “Renewables Obligation: notification process for new build dedicated biomass projects - Guidance on applying for a place within the 400MW cap” published by the Department of Energy and Climate Change in August 2013 (URN: 13D/232). Copies can be obtained from 3 Whitehall Place, London, SW1A 2AW and are available at www.gov.uk/government/publications/applying-for-a-place-within-the-400mw-cap-on-new-build-dedicated-biomass-projects-renewables-obligation.