Amendment to the Electricity (Northern Ireland) Order 1992
2. After Article 11AA (Standard conditions of licences) of the Electricity (Northern Ireland) Order 1992(1) there shall be inserted the following Article—
“Conditions on transmission licences relating to priority dispatch
11AB.—(1) Without prejudice to the generality of Article 11(1), a transmission licence shall include such conditions as appear to the grantor to be requisite or expedient to ensure that in the dispatch of electricity generating installations, priority is given to:
(a)generating installations using only energy from renewable sources;
(b)generating installations using energy from renewable sources and other energy sources, but which qualify to be treated as hybrid plants in accordance with the criteria set out in the SEM Decision Document;
(c)installations generating electricity from high efficiency co-generation; and
(d)waste energy plants,
in accordance with Article 16(2)(c) of Directive 2009/28/EC and, in particular, the criteria for priority dispatch specified in the SEM Decision Document.
(2) The conditions included in a licence in pursuance of paragraph (1) are subject to the requirement and prohibitions imposed on the holder of that licence under this Order for the maintenance of a safe and secure electricity supply but where the licence holder takes any measure for that purpose which would, but for this paragraph, significantly contravene those conditions, the licence holder shall take such corrective action as is necessary to ensure that such contravention is minimised.
(3) Where a licence holder takes any measure and any corrective action under paragraph (2), the licence holder shall report to the Authority on those measures and on the corrective action.
(4) In this Article—
“Directive 2009/28/EC” means 2009/28/EC(2) of the European Parliament and of the Council on the promotion of the use of energy from renewable sources;
“high efficiency co-generation” means co-generation of electricity that meets the criteria of Annex III of Directive 2004/8/EC(3) of the European Parliament and of the Counsel on the promotion of co-generation based on useful heat demand in the internal energy market and amending Directive 92/42/EEC(4);
“energy from renewable sources” has the meaning given in Article 2(a) of Directive 2009/28/EC;
“waste energy plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste with recovery and beneficial use of the combustion heat generated, including the incineration by oxidation of waste as well as other thermal waste treatment processes such as pyrolysis, gasification or plasma processes insofar as the substances resulting from the treatment are subsequently combusted with recovery and beneficial use of the combustion heat generated;
“SEM Decision Document” means the Decision Paper SEM-11-062 of the Single Electricity Market Committee of 26th August 2011.”.
OJ L 140, 5.6.2009, P.16.
OJ L 52, 21.2.2004, P.50.
OJ L 167, 22.6.1992, P.17.