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The Renewables Obligation (Amendment) Order (Northern Ireland) 2007

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Criteria for issue of NIROCs

4.—(1) Article 16 (Criteria for issue of NIROCs) shall be amended as follows—

(2) In paragraph (1) for “(9)” there shall be substituted “(10)”;

(3) In paragraph (4)(a) after the words “customers in Northern Ireland” there shall be inserted “or in the circumstances referred to in paragraph (10)”;

(4) In paragraph (6), after the words “used in a permitted way” there shall be inserted “, including in the circumstances referred to in paragraph (10)”;

(5) After paragraph (9) there shall be inserted—

(10) The following are the circumstances referred to in paragraph (4)(a) and (6), that is to say —

(a)the electricity to which the declaration relates is intended to be sold by the operator or, as the case may be, by an intermediary acting on his behalf through the SEM Pool;

(b)there exists in relation to each unit of that electricity a relevant arrangement within the meaning of paragraph (11) (and no more than one such arrangement);

(c)the terms of that relevant arrangement shall be materially complied with by the parties thereto.

(11) For the purposes of paragraph (10), a relevant arrangement means an agreement between the operator of the generating station and an electricity supplier which provides that, in relation to the period to which the declaration relates, the electricity supplier—

(a)shall purchase through the SEM Pool not less than an amount of electricity specified in or determined under the agreement being an amount that shall not exceed the amount of electricity sold through the SEM Pool by the operator or, as the case may be, the intermediary in that period;

(b)shall purchase through the SEM Pool a total amount of electricity which is not less than the aggregate of:

(i)the amount of electricity specified in or determined under the agreement; and

(ii)the amount of electricity specified or determined in any other relevant arrangements to which that electricity supplier is a party in respect of that period; and

(c)shall supply to customers in Northern Ireland from the electricity purchased through the SEM Pool a total amount of electricity which is not less than the aggregate of the amounts of electricity referred to in sub-paragraphs (b)(i) and (b)(ii).

(12) In this Article—

(a)“SEM Pool” means the wholesale electricity trading and settlement arrangements established by the Trading and Settlement Code.

(b)“Trading and Settlement Code” means the Single Electricity Market Trading and Settlement Code referred to in the SEM Memorandum as that Code may be amended or replaced from time to time.

(c)“the SEM Memorandum” means the Memorandum of Understanding referred to in Article 2(3) of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007(1).

(d)“intermediary” in relation to the operator of any generating station means the intermediary body, as defined in the Trading and Settlement Code, appointed in respect of that operator..

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