The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990

Article 3

SCHEDULE 1 SPECIFIED AGGREGATE AMOUNTS OF NON-FOSSIL FUEL GENERATING CAPACITY

(1)	(2)	(3)
Name of supplier	Periods	Aggregate amounts of non-fossil fuel generating capacity
1.  London Electricity plc	(a) 1 April 1990 to 31 March 1992	(a)   855.300 MW
	(b) 1 April 1992 to 30 September 1992	(b)   846.300 MW
	(c) 1 October 1992 to 31 March 1995	(c)   821.800 MW
	(d) 1 April 1995 to 30 April 1995	(d)   785.800 MW
	(e) 1 May 1995 to 31 March 1996	(e)   738.800 MW
	(f) 1 April 1996 to 30 June 1996	(f)   813.900 MW
	(g) 1 July 1996 to 31 March 1998	(g)   771.900 MW
2.  SEEBOARD plc	(a) 1 April 1990 to 31 March 1992	(a)   709.899 MW
	(b) 1 April 1992 to 30 September 1992	(b)   702.429 MW
	(c) 1 October 1992 to 31 March 1995	(c)   682.094 MW
	(d) 1 April 1995 to 30 April 1995	(d)   652.214 MW
	(e) 1 May 1995 to 31 March 1996	(e)   613.204 MW
	(f) 1 April 1996 to 30 June 1996	(f)   675.537 MW
	(g) 1 July 1996 to 31 March 1998	(g)   640.677 MW
3.  Southern Electric plc	(a) 1 April 1990 to 31 March 1992	(a) 1060.572 MW
	(b) 1 April 1992 to 30 September 1992	(b) 1049.412 MW
	(c) 1 October 1992 to 31 March 1995	(c) 1019.032 MW
	(d) 1 April 1995 to 30 April 1995	(d)   974.392 MW
	(e) 1 May 1995 to 31 March 1996	(e)   916.112 MW
	(f) 1 April 1996 to 30 June 1996	(f) 1009.236 MW
	(g) 1 July 1996 to 31 March 1998	(g)   957.156 MW
4.  South Western Electricity plc	(a) 1 April 1990 to 31 March 1992	(a)   487.521 MW
	(b) 1 April 1992 to 30 September 1992	(b)   482.391 MW
	(c) 1 October 1992 to 31 March 1995	(c)   468.426 MW
	(d) 1 April 1995 to 30 April 1995	(d)   447.906 MW
	(e) 1 May 1995 to 31 March 1996	(e)   421.116 MW
	(f) 1 April 1996 to 30 June 1996	(f)   463.923 MW
	(g) 1 July 1996 to 31 March 1998	(g)   439.983 MW
5.  Eastern Electricity plc	(a) 1 April 1990 to 31 March 1992	(a) 1171.761 MW
	(b) 1 April 1992 to 30 September 1992	(b) 1159.431 MW
	(c) 1 October 1992 to 31 March 1995	(c) 1125.866 MW
	(d) 1 April 1995 to 30 April 1995	(d) 1076.546 MW
	(e) 1 May 1995 to 31 March 1996	(e) 1012.156 MW
	(f) 1 April 1996 to 30 June 1996	(f) 1115.043 MW
	(g) 1 July 1996 to 31 March 1998	(g) 1057.503 MW
6.  East Midlands Electricity plc	(a) 1 April 1990 to 31 March 1992	(a)   769.770 MW
	(b) 1 April 1992 to 30 September 1992	(b)   761.670 MW
	(c) 1 October 1992 to 31 March 1995	(c)   739.620 MW
	(d) 1 April 1995 to 30 April 1995	(d)   707.220 MW
	(e) 1 May 1995 to 31 March 1996	(e)   664.920 MW
	(f) 1 April 1996 to 30 June 1996	(f)   732.510 MW
	(g) 1 July 1996 to 31 March 1998	(g)   694.710 MW
7.  Midlands Electricity plc	(a) 1 April 1990 to 31 March 1992	(a)   829.641 MW
	(b) 1 April 1992 to 30 September 1992	(b)   820.911 MW
	(c) 1 October 1992 to 31 March 1995	(c)   797.146 MW
	(d) 1 April 1995 to 30 April 1995	(d)   762.226 MW
	(e) 1 May 1995 to 31 March 1996	(e)   716.636 MW
	(f) 1 April 1996 to 30 June 1996	(f)   789.483 MW
	(g) 1 July 1996 to 31 March 1998	(g)   748.743 MW
8.  South Wales Electricity plc	(a) 1 April 1990 to 31 March 1992	(a)   299.355 MW
	(b) 1 April 1992 to 30 September 1992	(b)   296.205 MW
	(c) 1 October 1992 to 31 March 1995	(c)   287.630 MW
	(d) 1 April 1995 to 30 April 1995	(d)   275.030 MW
	(e) 1 May 1995 to 31 March 1996	(e)   258.580 MW
	(f) 1 April 1996 to 30 June 1996	(f)   284.865 MW
	(g) 1 July 1996 to 31 March 1998	(g)   270.165 MW
9.  Manweb plc	(a) 1 April 1990 to 31 March 1992	(a)   496.074 MW
	(b) 1 April 1992 to 30 September 1992	(b)   490.854 MW
	(c) 1 October 1992 to 31 March 1995	(c)   476.644 MW
	(d) 1 April 1995 to 30 April 1995	(d)   455.764 MW
	(e) 1 May 1995 to 31 March 1996	(e)   428.504 MW
	(f) 1 April 1996 to 30 June 1996	(f)   472.062 MW
	(g) 1 July 1996 to 31 March 1998	(g)   447.702 MW
10.  Yorkshire Electricity Group plc	(a) 1 April 1990 to 31 March 1992	(a)   701.346 MW
	(b) 1 April 1992 to 30 September 1992	(b)   693.966 MW
	(c) 1 October 1992 to 31 March 1995	(c)   673.876 MW
	(d) 1 April 1995 to 30 April 1995	(d)   644.356 MW
	(e) 1 May 1995 to 31 March 1996	(e)   605.816 MW
	(f) 1 April 1996 to 30 June 1996	(f)   667.398 MW
	(g) 1 July 1996 to 31 March 1998	(g)   632.958 MW
11.  Northern Electric plc	(a) 1 April 1990 to 31 March 1992	(a)   453.309 MW
	(b) 1 April 1992 to 30 September 1992	(b)   448.539 MW
	(c) 1 October 1992 to 31 March 1995	(c)   435.554 MW
	(d) 1 April 1995 to 30 April 1995	(d)   416.474 MW
	(e) 1 May 1995 to 31 March 1996	(e)   391.564 MW
	(f) 1 April 1996 to 30 June 1996	(f)   431.367 MW
	(g) 1 July 1996 to 31 March 1998	(g)   409.107 MW
12.  NORWEB plc	(a) 1 April 1990 to 31 March 1992	(a)   718.452 MW
	(b) 1 April 1992 to 30 September 1992	(b)   710.892 MW
	(c) 1 October 1992 to 31 March 1995	(c)   690.312 MW
	(d) 1 April 1995 to 30 April 1995	(d)   660.072 MW
	(e) 1 May 1995 to 31 March 1996	(e)   620.592 MW
	(f) 1 April 1996 to 30 June 1996	(f)   683.676 MW
	(g) 1 July 1996 to 31 March 1998	(g)   648.396 MW

Article 4(1)

SCHEDULE 2 CONDITIONS PRECEDENT

The requirements referred to in article 4(1)(a) of this Order are–

(1) that the property, rights and liabilities of the Area Boards established under the Electricity Act 1947 have been transferred to the public electricity suppliers;

(2) that such of the property, rights and liabilities of the Central Electricity Generating Board and the Electricity Council as are to be transferred to the operators of the relevant non-fossil fuel generating stations have been transferred in accordance with schemes made under section 66 of the Act;

(3) that the operator of any relevant non-fossil fuel generating station or stations has entered into, and there has come into force, agreements with the National Grid Company plc (registered in England No. 2366977) and, where applicable, any relevant public electricity supplier in relation to for the connection of such non-fossil fuel generating station or stations to the national grid system and, where applicable, to any other relevant system of electric lines and electrical plant;

(4) that the operator of any relevant non-fossil fuel generating station or stations and all public electricity suppliers have entered into, and there has come into force, a pooling and settlement agreement, as required by the licences granted to them under section 6 of the Act, for the purpose of calculating the payments due to or owing by the parties thereto in respect of their production and consumption of electricity;

(5) that section 33 regulations have been made and have come into force;

(6) to the extent that the arrangements relate to a relevant non-fossil fuel generating station which has not generated electricity before the coming into force of this Order–

(i) that the operator of the relevant non-fossil fuel generating station has been granted consent by the Nuclear Installations Inspectorate to take the station to commercial power in accordance with the site licence granted under the Nuclear Installations Act 1965 in respect of that generating station; and

(ii) that the declared net capacity of the relevant non-fossil fuel generating station has not been reduced, prior to being taken to commercial power in accordance with such a site licence, below the amount attributed to that station in the relevant arrangements.

Note:

In the above provisions–

“the Act” means the Electricity Act 1989;

“section 33 regulations” means regulations under section 33 of the Act; and the reference to the Nuclear Installations Inspectorate is a reference to the part so known of the Health and Safety Executive, established under the Health and Safety at Work etc. Act 1974.

Article 4(2)

SCHEDULE 3 TERMINATION EVENTS

The events referred to in article 4(2)(a) of this Order are–

(1) the operator of any relevant non-fossil fuel generating station ceasing for any reason to be authorised by a licence or exemption granted under the Act to generate electricity for the purposes of giving a supply to any premises or enabling a supply to be given;

(2) the operator of any relevant non-fossil fuel generating station defaulting in any material respect in the performance of any of its obligations to make non-fossil fuel generating capacity available under the arrangements and in the case of a default which is, in the opinion of the relevant public electricity supplier (acting reasonably), capable of remedy continuing to be in default at the expiry of 60 days following the date on which the supplier shall have given notice thereof to the operator;

(3) a binding order being made or an effective resolution being passed for the winding up of the operator of any relevant non-fossil fuel generation station (otherwise than for the purposes of reconstruction or amalgamation on terms previously approved in writing by the relevant public electricity supplier (whose approval shall not unreasonably be withheld) and within 60 days of his appointment the liquidator of the operator not having provided to the supplier a guarantee of performance of the obligations of the operator under the arrangements in such form and amount as the supplier (acting reasonably) may require.

Note:

In the above provisions, “the Act” means the Electricity Act 1989.