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Renewables Obligation Order (Northern Ireland) 2006

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Criteria for issue of NIROCs

15.—(1) The criteria for the issue of NIROCs referred to in Article 14 and issue of replacement NIROCs referred to in Article 20(4) are those set out in paragraphs (2) to (6).

(2) The first criterion is that the Authority has previously confirmed in writing to the operator of the generating station to which the NIROC relates that the generating station has been granted accreditation and the Authority has not since withdrawn that accreditation;

(3) The second criterion is that the Authority has been provided in writing with all the information listed in paragraphs 2(b)(i) to (iii) of Schedule 3 together with any other information which it reasonably requires in order to assess whether the NIROC should be issued and it is satisfied that such information is accurate and reliable.

(4) The third criterion is that the operator of the generating station has provided the Authority with a declaration (which the Authority shall be entitled to accept as sufficient evidence of its contents, and which the operator need only provide once during every obligation period) applicable to the relevant electricity that—

(a)he has not made (or, where the declaration relates to electricity that he proposes to generate after the declaration is made, that he will not make) electricity available to any person in circumstances such that the operator knows or has reason to believe that the consumption of the electricity has resulted (or, as the case may be, will result) in it not having been supplied by an electricity supplier to customers in Northern Ireland;

(b)he has not consumed (or, where the declaration relates to electricity that he proposes to generate after the declaration is made, that he will not consume) the electricity himself in such circumstances that its consumption has resulted (or, as the case may be, will result) in the electricity not having been supplied by an electricity supplier to customers in Northern Ireland; and

(c)he is not (and will not during the obligation period become) a person mentioned in Article 6(2)(b) or Article 6(4)(b).

(5) The fourth criterion is that NIROCs in respect of the relevant electricity generated by the generating station in the particular month have not already been issued.

(6) The fifth criterion is that the Authority is not prohibited from issuing a NIROC on any of the grounds set out Article 16(2) and has not refused to issue a NIROC on any of the grounds set out in Article 16(3).

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