Article 5 Amendments to Part 3 (Requirements) of Schedule 1 (Authorised development)

(1)

Part 3 (Requirements) of Schedule 1 (Authorised development) is amended as follows.

(2)

In paragraph 1—

(a)

omit the definition of “current CCS proposal” and substitute—

““current CCS proposal” means—

(a)

the pre-combustion CCS proposal; or

(b)

the post-combustion CCS proposal;”;

(b)

omit the definition of “designated site” and substitute—

““designated site” means the land shown hatched blue and labelled “Post Combustion CCS Area” on the works plans as the area where the undertaker proposes to locate capture equipment for the post-combustion CCS proposal;”;

(c)

after the definition of “operations area” omit “and”;

(d)

after the definition of “operations area” insert—

““post-combustion CCS proposal” means the CCS proposal not including Work No. 2a set out in the feasibility study dated May 2021 (Carbon Capture Readiness Feasibility Study / Carbon Capture and Storage Design Concept Report) certified by the Secretary of State for the purposes of this Order;

“pre-combustion CCS proposal” means the CCS proposal including Work No. 2a set out in the feasibility study dated May 2021 (Carbon Capture Readiness Feasibility Study / Carbon Capture and Storage Design Concept Report) certified by the Secretary of State for the purposes of this Order; and”; and

(e)

omit the definition of “target carbon dioxide” and substitute—

““target carbon dioxide” means—

(a)

in respect of the pre-combustion CCS proposal, as much of the carbon dioxide emitted by the first 300 MWe of the capacity of the authorised development when it is operating at full capacity as it is reasonably practicable to capture for the purposes of permanent storage, having regard to the state of the art in pre-combustion carbon capture and storage technology for the time being; or

(b)

in respect of the post-combustion CCS proposal, as much of the carbon dioxide emitted by the authorised development when it is operating at full capacity as it is reasonably practicable to capture for the purposes of permanent storage, having regard to the state of the art in post-combustion carbon capture and storage technology.”.

(3)

In paragraph 2, for “seven” substitute “twelve”.

(4)

In paragraph 36(a), for “land which includes the area to be occupied by Work Nos. 2a, 2b, and 2c” substitute “the designated site”.

(5)

In paragraph 37, omit sub-paragraphs (1) to (7) and insert—

“(1)
The undertaker must make a report (“carbon capture readiness monitoring report”) to the Secretary of State—

(a)
on or before the date which is three months after the date upon which electricity is first exported by the authorised development; and

(b)
within one month of the second anniversary, and each subsequent even-numbered anniversary, of that date.

(2)
Each carbon capture readiness monitoring report must provide evidence that the undertaker has complied with requirement 36–

(a)
in the case of the first carbon capture readiness monitoring report, since commencement of the authorised development; and

(b)
in the case of any subsequent report, since the making of the previous carbon capture readiness monitoring report,

and explain how the undertaker expects to continue to comply with requirement 36 over the next two years.

(3)
Each carbon capture readiness monitoring report must state whether the undertaker considers the retrofit of carbon capture technology is feasible explaining the reasons for any such conclusion and whether any impediments could be overcome.

(4)
Each carbon capture readiness monitoring report must state, with reasons, whether the undertaker has decided to seek any additional regulatory clearances, or to modify any existing regulatory clearances, in respect of any carbon capture readiness proposals.”.

(6)

In paragraph 38(1)(b)(i), for “on the designated site” substitute “for the pre-combustion CCS proposal”.

(7)

In paragraph 38(2), for “post-combustion carbon capture” substitute “the post-combustion CCS proposal.”.