Regulation 16 Excluded capacity: low carbon support scheme CMUs

The Delivery Body must not prequalify a CMU (“CMU i”) in respect of which—

The Delivery Body must not prequalify a CMU if, in respect of the generating station that comprises or includes the CMU—

For the purposes of F3paragraph F4(2)(b)(i), a reference to an eligible generator entering into a CFD has the meaning given in regulation 10(3) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract).

The Delivery Body may request an applicant or the CFD counterparty to provide it with such information as it may require for the purposes of paragraphs (1) and (2), and the applicant or CFD counterparty must, to the extent that it holds the information, comply with such a request as soon as reasonably practicable.

In this regulation—

• F5“allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014;

• “allocation round CFD” means a CFD offered under section 14(1) of the Act (CFD notification: offer to contract on standard terms) and regulation 10(1) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) following an allocation round;

• “co-firing CMU” means a generating CMU consisting of one or more generating units which have, in any month after March 2013, generated electricity in the way described in Schedule 2 to the ROO M1as “co-firing of regular bioliquid”, “low-range co-firing”, “mid-range co-firing”, “high-range co-firing” or “unit conversion”;

• F6“direct award CFD” means a CFD offered by the CFD counterparty following a direction given by the Secretary of State under section 10(1) of the Act (direction to offer to contract);

• “the FIT Order” means the Feed-in Tariffs Order 2012 M2;

• F7“generation counterparty payment” has the meaning given in regulation 4(2) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014;

• “generation party payment” has the meaning given in regulation 4(2) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014;

• “low carbon exclusion” means—

  1. (a)

     an accreditation under—

     1. (i)

        the FIT Order;

     2. (ii)

        the RHI Regulations; or

     3. (iii)

        the ROO; or

  2. (b)

     a CFD;

• “non-support confirmation” means a declaration in writing to the Delivery Body from an applicant—

  1. (a)

     that the period for which relevant support may be paid or issued under the FIT Order, the RHI Regulations or the ROO in respect of CMU i will have expired before the start of the delivery period; F8...

  2. (b)

     that—

     1. (i)

        CMU i is a co-firing CMU; and

     2. (ii)

        if the applicant is awarded a capacity obligation in respect of CMU i, the applicant will not, except in accordance with regulation 34, seek to obtain relevant support in respect of CMU i for any of the delivery period; F9or

  3. (c)

     F10that, in respect of a direct award CFD, the applicant will not receive a generation counterparty payment or be obliged to make a generation party payment in respect of the relevant CMU for any of the delivery period;

• “relevant support” means—

  1. (a)

     a FIT payment within the meaning referred to in the FIT Order;

  2. (b)

     a periodic support payment within the meaning of the RHI Regulations; or

  3. (c)

     a ROC;

• “the RHI Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 M3;

• “withdrawal confirmation” means a notice to the Delivery Body from the applicant in respect of CMU i that the applicant has withdrawn its application for a low carbon exclusion in respect of that CMU.