The South Hook Combined Heat and Power Plant Order 2014

Carbon Capture Readiness

14.—(1) The following definitions apply for the purposes of this article—

(a) “capture equipment” means the plant and equipment required to capture the target carbon dioxide and identified as such in the current CCS proposal;

(b) “designated site” means the land identified in the Feasibility Study as the area where the undertaker proposes to locate the capture equipment;

(c) “CCR report” means the report to be provided to the Secretary of State by the undertaker pursuant to paragraph (3) below;

(d) “target carbon dioxide” means 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 carbon capture and storage technology.

(2) Until such time as the authorised development is decommissioned, the undertaker must not, without the written consent of the Secretary of State—

(a) dispose of any interest in land which includes the designated site; or

(b) do any other thing, or allow any other thing to be done or to occur, which may reasonably be expected to diminish the undertaker’s ability, within two years of such act or occurrence, to install and operate the capture equipment on the designated site.

(3) The undertaker must make a report (the “CCR report”) to the Secretary of State—

(a) on or before the date on which three months have passed from completion of commissioning;

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

(4) The CCR report must provide evidence that the undertaker has complied with paragraph (2)—

(a) in the case of the first CCR report, since this Order was made;

(b) in the case of any subsequent CCR report, since the making of the previous report,

and explain how it expects to continue to comply with paragraph (2) over the next two years.

(5) The CCR report must state whether the undertaker considers that some or all of the technology referred to in the current CCS proposal will not work, and explain the reasons for any such conclusion.

(6) The CCR report must identify any other impediment of which the undertaker is aware, as a result of which it considers that any aspect of what is proposed in the current CCS proposal is likely or certain not to be technically feasible.

(7) CCR reports which identify such an impediment must state, with reasons, whether the undertaker considers it technically feasible to overcome the impediment by adopting a revised CCS proposal, and, if so, include such proposal.

(8) The CCR 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 its current CCS proposal in the period referred to in paragraph (4) as appropriate.

(9) This article shall cease to have effect if the capture equipment is installed or the authorised development is decommissioned.