Regulation 8 Additional capacity for biomethane productionI1

England, Wales and Scotland

(1)

A participant who—

(a)

is producing or intends to produce additional biomethane for injection by anaerobic digestion, and

(b)

expects the injection of that additional biomethane to commence no later than F131st March 2028,

may apply to the Authority to be registered in respect of that additional biomethane.

(2)

A participant may not make a further application under paragraph (1) in respect of the production of additional biomethane using the same equipment used to produce biomethane to which the original application relates without first withdrawing the original application.

(3)

Regulation 5(3) to (6), and regulation 6(2), (4)(a) to (c) and (e), and (5) to (8) apply to an application for registration in respect of additional biomethane, and such application must be in writing and supported by such of the information referred to in regulations 5 and 6 as the Authority may require, but as if references in those regulations—

(a)

to an applicant were references to the participant,

(b)

to biomethane were references to additional biomethane, and

(c)

to registering the applicant as a participant were references to registering the participant in respect of that additional biomethane.

(4)

Where a participant is registered in respect of additional biomethane, the Authority must specify the maximum additional capacity in relation to which the participant is registered.

(5)

Where a participant is registered in respect of additional biomethane—

(a)

periodic support payments for that additional biomethane are payable—

(i)

where the application is made on or before 31st October in a financial year (“FY1”), from the start of the following financial year (“FY2”),

(ii)

where the application is made after 31st October in FY1, from the start of the financial year following FY2,

(b)

the tariff for additional biomethane is the relevant tariff determined in accordance with regulation 21(3) as at the tariff start date for that additional biomethane, and

(c)

the tariff for the original registration continues to be the relevant tariff for that original registration, determined in accordance with regulation 21(3) as at the tariff start date for that original registration.

(6)

Periodic support payments for additional biomethane may not be made beyond the tariff end date which was notified in accordance with regulation 6(4)(e)(v) when the participant was originally registered as a producer of biomethane.

(7)

For the purposes of this regulation—

(a)

“additional biomethane” means any biomethane—

(i)

which exceeds the sum of the maximum initial capacity, together with any maximum additional capacity previously specified under this regulation, and

(ii)

which is being supplied, or is intended to be supplied, by the participant for injection at the same injection point as the biomethane in respect of which that participant was first registered,

(b)

“maximum additional capacity” means the volume of biomethane, expressed in cubic metres per year, which—

(i)

is additional biomethane, and

(ii)

is the maximum volume which a participant is entitled to supply for injection under the network entry agreement applicable to that additional biomethane.

(8)

Where the Authority does not register a participant in respect of additional biomethane, it must notify the participant in writing that the application for registration in respect of additional biomethane has been rejected, giving reasons.

Annotations

Textual amendments

F1: Words in reg. 8(1)(b) substituted (4.6.2024) by The Green Gas Support Scheme (Amendment) Regulations 2024 (S.I. 2024/642), regs. 1(2), 7

Commencement

I1: Reg. 8 in force at 30.11.2021, see reg. 1(1)