SCHEDULE 1SPECIFIED AGGREGATE AMOUNTS OF GENERATING CAPACITY

Article 3(1)

PART INAEROBIC DIGESTION GENERATING STATIONS

1.

Table A below relates to anaerobic digestion generating stations—

Table A

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

0.000

0.688

0.829

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.900

0.211

0.000

0.000

0.000

East Midlands Electricity plc

0.000

0.000

0.452

0.544

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.591

0.139

0.000

0.000

0.000

London Electricity plc

0.000

0.000

0.502

0.605

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.657

0.154

0.000

0.000

0.000

Manweb plc

0.000

0.000

0.291

0.350

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.381

0.089

0.000

0.000

0.000

Midlands Electricity plc

0.000

0.000

0.487

0.587

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.637

0.149

0.000

0.000

0.000

Northern Electric plc

0.000

0.000

0.266

0.320

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.348

0.081

0.000

0.000

0.000

NORWEB plc

0.000

0.000

0.422

0.508

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.552

0.129

0.000

0.000

0.000

SEEBOARD plc

0.000

0.000

0.416

0.502

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.545

0.128

0.000

0.000

0.000

Southern Electric plc

0.000

0.000

0.623

0.750

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.815

0.191

0.000

0.000

0.000

South Wales Electricity plc

0.000

0.000

0.175

0.211

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.229

0.053

0.000

0.000

0.000

South Western Electricity plc

0.000

0.000

0.286

0.344

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.374

0.087

0.000

0.000

0.000

Yorkshire Electricity Group plc

0.000

0.000

0.411

0.496

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.539

0.126

0.000

0.000

0.000

In Table A—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “anaerobic digestion generating stations” means generating stations which are fuelled wholly by gas derived from anaerobic digestion of—

(a)

agricultural waste; or

(b)

agricultural waste and food-processing waste, provided that, in any period shown in Table A, the food-processing waste used makes up no more than 20 per cent. of the total weight of the agricultural and food-processing waste used (on a dry-weight basis).

PART IIBIOMASS GENERATING STATIONS

1.

Table B below relates to biomass generating stations—

Table B

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

0.000

0.033

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.224

9.190

0.000

0.000

0.000

East Midlands Electricity plc

0.000

0.000

0.022

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.059

6.037

0.000

0.000

0.000

London Electricity plc

0.000

0.000

0.024

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.733

6.708

0.000

0.000

0.000

Manweb plc

0.000

0.000

0.014

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.904

3.890

0.000

0.000

0.000

Midlands Electricity plc

0.000

0.000

0.023

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.530

6.506

0.000

0.000

0.000

Northern Electric plc

0.000

0.000

0.012

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.568

3.555

0.000

0.000

0.000

NORWEB plc

0.000

0.000

0.020

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.655

5.634

0.000

0.000

0.000

SEEBOARD plc

0.000

0.000

0.020

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.588

5.567

0.000

0.000

0.000

Southern Electric plc

0.000

0.000

0.030

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.349

8.318

0.000

0.000

0.000

South Wales Electricity plc

0.000

0.000

0.008

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.356

2.347

0.000

0.000

0.000

South Western Electricity plc

0.000

0.000

0.013

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.837

3.823

0.000

0.000

0.000

Yorkshire Electricity Group plc

0.000

0.000

0.020

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.520

5.500

0.000

0.000

0.000

In Table B—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “biomass generating stations” means generating stations which—

(a)

are fuelled wholly or partly by one or more of the following—

(i)

crops grown for the purpose of providing a source of energy;

(ii)

forestry waste; and

(iii)

fuel derived from either or both of the materials mentioned in sub-paragraphs (i) and (ii) above,

but excluding any such station as is partly fuelled by one or more of the following—

(aa)

gas derived from landfill sites of any description;

(bb)

municipal waste;

(cc)

industrial waste;

(dd)

agricultural waste;

(ee)

sewage matter or gas or waste derived therefrom; and

(ff)

fuel derived from one or more of the materials mentioned in sub-paragraphs (bb) to (ee) above; and

(b)

are driven—

(i)

wholly by an internal-combustion engine or a gas turbine, using gaseous or liquid fuel produced by gasification-by-partial-combustion or by pyrolysis of the fuel allowed by sub-paragraph (a) above; or

(ii)

partly by an internal-combustion engine or a gas turbine using such gaseous or liquid fuel and partly by any engine or any turbine, using steam produced from—

(aa)

heat from the first engine or turbine, or

(bb)

heat produced during the production of the gaseous or liquid fuel.

PART IIIHYDRO GENERATING STATIONS

1.

Table C below relates to hydro generating stations—

Table C

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.017

0.371

1.661

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.811

1.438

0.149

0.000

0.000

0.000

East Midlands Electricity plc

0.011

0.244

1.091

1.189

1.189

1.189

1.189

1.189

1.189

1.189

1.189

1.189

1.189

1.189

1.189

0.945

0.098

0.000

0.000

0.000

London Electricity plc

0.012

0.271

1.212

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.321

1.050

0.109

0.000

0.000

0.000

Manweb plc

0.007

0.157

0.702

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.766

0.608

0.063

0.000

0.000

0.000

Midlands Electricity plc

0.012

0.263

1.176

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.282

1.018

0.105

0.000

0.000

0.000

Northern Electric plc

0.006

0.143

0.642

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.700

0.556

0.057

0.000

0.000

0.000

NORWEB plc

0.010

0.227

1.018

1.110

1.110

1.110

1.110

1.110

1.110

1.110

1.110

1.110

1.110

1.110

1.110

0.882

0.091

0.000

0.000

0.000

SEEBOARD plc

0.010

0.225

1.006

1.097

1.097

1.097

1.097

1.097

1.097

1.097

1.097

1.097

1.097

1.097

1.097

0.871

0.090

0.000

0.000

0.000

Southern Electric plc

0.015

0.336

1.503

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.639

1.302

0.135

0.000

0.000

0.000

South Wales Electricity plc

0.004

0.094

0.424

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.462

0.367

0.037

0.000

0.000

0.000

South Western Electricity plc

0.006

0.154

0.690

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.753

0.598

0.061

0.000

0.000

0.000

Yorkshire Electricity Group plc

0.010

0.222

0.994

1.083

1.083

1.083

1.083

1.083

1.083

1.083

1.083

1.083

1.083

1.083

1.083

0.861

0.089

0.000

0.000

0.000

In Table C

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “hydro generating stations” means generating stations of less than 5 megawatts declared net capacity which are driven by any form of water power other than—

(a)

tidal or wave power;

(b)

power from water which has been elevated or whose pressure has been increased, except where this has been done, directly or indirectly, by power derived from a relevant non-fossil fuel generating station other than—

(i)

a dual-fired project (within the meaning of article 2(2)(b)); or

(ii)

a generating station which is itself the subject either of a premium price arrangement or of relevant arrangements.

PART IVLANDFILL GAS GENERATING STATIONS

1.

Table D below relates to landfill gas generating stations—

Table D

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

7.779

19.646

21.189

22.184

22.523

22.522

21.874

21.908

21.575

21.019

20.515

20.002

19.224

18.606

11.825

0.777

0.777

0.159

0.000

East Midlands Electricity plc

0.000

5.110

12.906

13.920

14.573

14.796

14.795

14.369

14.392

14.173

13.808

13.476

13.140

12.629

12.223

7.768

0.510

0.510

0.104

0.000

London Electricity plc

0.000

5.678

14.340

15.466

16.193

16.440

16.439

15.966

15.991

15.748

15.342

14.974

14.600

14.032

13.581

8.631

0.567

0.567

0.116

0.000

Manweb plc

0.000

3.293

8.317

8.970

9.391

9.535

9.534

9.260

9.274

9.133

8.898

8.684

8.467

8.138

7.876

5.006

0.328

0.328

0.067

0.000

Midlands Electricity plc

0.000

5.508

13.910

15.002

15.707

15.947

15.946

15.487

15.511

15.275

14.882

14.525

14.162

13.611

13.173

8.372

0.550

0.550

0.112

0.000

Northern Electric plc

0.000

3.009

7.600

8.197

8.582

8.713

8.712

8.462

8.475

8.346

8.131

7.936

7.737

7.437

7.197

4.574

0.300

0.300

0.061

0.000

NORWEB plc

0.000

4.769

12.046

12.992

13.602

13.809

13.809

13.411

13.432

13.228

12.887

12.578

12.264

11.787

11.408

7.250

0.476

0.476

0.097

0.000

SEEBOARD plc

0.000

4.713

11.902

12.837

13.440

13.645

13.644

13.252

13.272

13.071

12.734

12.428

12.118

11.646

11.272

7.164

0.470

0.470

0.096

0.000

Southern Electric plc

0.000

7.041

17.782

19.179

20.079

20.386

20.385

19.798

19.829

19.528

19.024

18.568

18.104

17.400

16.840

10.703

0.703

0.703

0.144

0.000

South Wales Electricity plc

0.000

1.987

5.018

5.413

5.667

5.753

5.753

5.587

5.596

5.511

5.369

5.240

5.109

4.911

4.753

3.020

0.198

0.198

0.040

0.000

South Western Electricity plc

0.000

3.236

8.173

8.815

9.229

9.370

9.370

9.100

9.114

8.976

8.744

8.535

8.321

7.998

7.741

4.919

0.323

0.323

0.066

0.000

Yorkshire Electricity Group plc

0.000

4.656

11.759

12.682

13.278

13.481

13.480

13.092

13.112

12.913

12.580

12.278

11.972

11.506

11.136

7.077

0.465

0.465

0.095

0.000

In Table D—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “landfill gas generating stations” means generating stations which are fuelled wholly by gas derived from landfill sites on which, at any time before 22nd July 1993, activities were carried on in pursuance of a licence issued under section 5 of the Control of Pollution Act 19744 or in accordance with conditions specified in a resolution passed by the relevant disposal authority pursuant to section 11(3)(e) of that Act.

PART VMUNICIPAL AND INDUSTRIAL WASTE WITH COMBINED HEAT AND POWER GENERATING STATIONS

1.

Table E below relates to municipal and industrial waste with combined heat and power generating stations—

Table E

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

2.287

6.552

8.593

11.752

15.793

15.793

15.793

15.793

15.793

15.793

15.793

15.793

15.793

15.793

12.437

8.706

7.199

4.041

4.041

East Midlands Electricity plc

0.000

1.502

4.304

5.645

7.720

10.375

10.375

10.375

10.375

10.375

10.375

10.375

10.375

10.375

10.375

8.170

5.719

4.729

2.654

2.654

London Electricity plc

0.000

1.669

4.782

6.272

8.578

11.528

11.528

11.528

11.528

11.528

11.528

11.528

11.528

11.528

11.528

9.078

6.355

5.255

2.949

2.949

Manweb plc

0.000

0.968

2.773

3.637

4.975

6.686

6.686

6.686

6.686

6.686

6.686

6.686

6.686

6.686

6.686

5.265

3.685

3.047

1.710

1.710

Midlands Electricity plc

0.000

1.619

4.639

6.084

8.320

11.182

11.182

11.182

11.182

11.182

11.182

11.182

11.182

11.182

11.182

8.805

6.164

5.097

2.861

2.861

Northern Electric plc

0.000

0.884

2.534

3.324

4.546

6.109

6.109

6.109

6.109

6.109

6.109

6.109

6.109

6.109

6.109

4.811

3.368

2.785

1.563

1.563

NORWEB plc

0.000

1.402

4.017

5.268

7.205

9.683

9.683

9.683

9.683

9.683

9.683

9.683

9.683

9.683

9.683

7.625

5.338

4.414

2.477

2.477

SEEBOARD plc

0.000

1.385

3.969

5.206

7.119

9.568

9.568

9.568

9.568

9.568

9.568

9.568

9.568

9.568

9.568

7.534

5.274

4.361

2.448

2.448

Southern Electric plc

0.000

2.070

5.930

7.778

10.637

14.295

14.295

14.295

14.295

14.295

14.295

14.295

14.295

14.295

14.295

11.257

7.880

6.516

3.657

3.657

South Wales Electricity plc

0.000

0.584

1.673

2.195

3.002

4.034

4.034

4.034

4.034

4.034

4.034

4.034

4.034

4.034

4.034

3.177

2.224

1.839

1.032

1.032

South Western Electricity plc

0.000

0.951

2.725

3.575

4.889

6.570

6.570

6.570

6.570

6.570

6.570

6.570

6.570

6.570

6.570

5.174

3.622

2.995

1.681

1.681

Yorkshire Electricity Group plc

0.000

1.368

3.921

5.143

7.034

9.453

9.453

9.453

9.453

9.453

9.453

9.453

9.453

9.453

9.453

7.444

5.211

4.309

2.418

2.418

In Table E—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “municipal and industrial waste with combined heat and power generating stations” means generating stations which—

(a)

are fuelled wholly or partly by one or more of the following—

(i)

municipal waste;

(ii)

industrial waste; and

(iii)

fuel derived from either or both of the types of waste mentioned in sub-paragraphs (i) and (ii) above;

including stations fuelled partly by sewage matter where, in any period of the Order, such sewage matter used makes up no more than 10 per cent. of the weight of all the above fuel used including the sewage matter (all on a dry-weight basis),

but excluding any such station as is partly fuelled by—

(aa)

gas derived from a landfill site of any description; or

(bb)

gas derived from sewage; or

(cc)

sewage matter in excess of the proportion set out above; and

(b)

are combined heat and power stations—

(i)

which are built with all the equipment, up to and including the meter for measuring heat supplied from the generating station, necessary to maintain and measure a continuous heat output at least equal to 200 per cent. of the declared net capacity of the generating station;

(ii)

in respect of which there are, or there are reasonable prospects of obtaining, contracts with third parties to supply heat which would—

(aa)

require the station to supply at least the required annual heat output in relevant Period 7; and

(bb)

require at least 50 per cent. of the heat actually supplied in each period of the Order to be used within buildings for the purposes of heating space or (other than for industrial purposes) heating water;

(iii)

in respect of which there are prospects of the station supplying at least the required annual heat output to a third party in periods of the Order subsequent to relevant Period 7, where at least 50 per cent. of the heat actually supplied would be for the purposes of heating space or (other than for industrial purposes) heating water; and

(iv)

which are subject to contractual arrangements in relation to the supply of their electricity which only entitle that electricity to receive a premium price in respect of a period of the Order where, in the previous period of the Order, the station has supplied at least either the required annual heat output or the adjusted annual heat output to a third party and where at least 50 per cent. of the heat actually supplied has been used within buildings for the purposes of heating space or (other than for industrial purposes) heating water;

and for the purpose of this sub-paragraph (b)—

  • “adjusted annual heat output” means the required annual heat output with the following adjustments—

    1. (aa)

      if in any relevant Period the generating station fails to supply the required heat output, then the table (set out in the definition of “required annual heat output”) shall be adjusted so that the value of H for that relevant Period shall also apply to the next relevant Period, and the value of H for all subsequent relevant Periods shall be adjusted in each case to be equal to the value of H (prior to such adjustment) for the relevant Period preceding each such period; and

    2. (bb)

      if in any relevant Period the generating station fails to supply the adjusted annual heat output, then the table (set out in the definition of “required annual heat output”) shall be further adjusted so that the value of H (as last adjusted) for that relevant Period shall also apply to the next relevant Period, and the value of H for all subsequent relevant Periods shall be further adjusted in each case to be equal to the value of H (as last adjusted) for the relevant Period preceding each such period;

  • period of the Order” means a period commencing and ending on the dates specified in relation to Table E;

  • particular “relevant Periods” are ascertained by taking the first period of the Order as being relevant Period 1, the next period of the Order as relevant Period 2, and so forth;

  • “required annual heat output” means B kilowatt-hours of heat, where B is ascertained by the application of the formula—

    B=declarednetcapacityexpressedinkilowatts×8760hours×Hmath

    where—

    • H has the value set out in the table below—

    Relevant period

    Value of H

    1–6

    0

    7

    0.09

    8

    0.18

    9

    0.27

    10

    0.36

    11 and subsequent periods

    0.4

  • “third party” means a person who is not a connected person to any person (other than a public electricity supplier contracting in pursuance of an obligation imposed by this Order or his agent) who is party to the contractual arrangements referred to in sub-paragraph (iv) above.

PART VIMUNICIPAL AND INDUSTRIAL WASTE FLUIDISED BED COMBUSTION GENERATING STATIONS

1.

Table F below relates to municipal and industrial waste fluidised bed combustion generating stations—

Table F

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

0.000

0.000

2.895

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

17.251

14.355

0.000

0.000

East Midlands Electricity plc

0.000

0.000

0.000

1.901

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

11.332

9.430

0.000

0.000

London Electricity plc

0.000

0.000

0.000

2.113

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

12.592

10.478

0.000

0.000

Manweb plc

0.000

0.000

0.000

1.225

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

7.303

6.077

0.000

0.000

Midlands Electricity plc

0.000

0.000

0.000

2.049

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

12.214

10.164

0.000

0.000

Northern Electric plc

0.000

0.000

0.000

1.119

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

6.673

5.553

0.000

0.000

NORWEB plc

0.000

0.000

0.000

1.774

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

10.577

8.801

0.000

0.000

SEEBOARD plc

0.000

0.000

0.000

1.753

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

10.451

8.697

0.000

0.000

Southern Electric plc

0.000

0.000

0.000

2.620

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

15.614

12.993

0.000

0.000

South Wales Electricity plc

0.000

0.000

0.000

0.739

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

4.406

3.667

0.000

0.000

South Western Electricity plc

0.000

0.000

0.000

1.204

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

7.177

5.972

0.000

0.000

Yorkshire Electricity Group plc

0.000

0.000

0.000

1.732

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

10.325

8.592

0.000

0.000

In Table F—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

In this Order, “municipal and industrial waste fluidised bed combustion generating stations” means generating stations—

(a)

which are fuelled wholly or partly by any one or more of the following—

(i)

municipal waste;

(ii)

industrial waste; and

(iii)

fuel derived from either or both of the types of waste mentioned in sub-paragraphs (i) and (ii) above,

including stations fuelled partly by sewage matter where, in any period of the Order, such sewage matter used makes up no more than 10 per cent. of the weight of all the above fuel used including the sewage matter (all on a dry-weight basis);

but excluding any such station as is partly fuelled by—

(aa)

gas derived from a landfill site of any description; or

(bb)

gas derived from sewage; or

(cc)

sewage matter in excess of the proportion set out above; and

(b)

in which the only method of fuel combustion is fluidised bed combustion.

PART VIIWIND GENERATING STATIONS

1.

Table G below relates to wind generating stations exceeding 0.768 MW.

Table G

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

0.000

18.034

43.072

45.258

45.258

45.258

45.258

45.258

45.258

45.258

45.258

45.258

45.258

45.258

45.258

27.223

2.185

0.000

0.000

East Midlands Electricity plc

0.000

0.000

11.847

28.295

29.731

29.731

29.731

29.731

29.731

29.731

29.731

29.731

29.731

29.731

29.731

29.731

17.883

1.435

0.000

0.000

London Electricity plc

0.000

0.000

13.164

31.439

33.035

33.035

33.035

33.035

33.035

33.035

33.035

33.035

33.035

33.035

33.035

33.035

19.870

1.595

0.000

0.000

Manweb plc

0.000

0.000

7.634

18.234

19.160

19.160

19.160

19.160

19.160

19.160

19.160

19.160

19.160

19.160

19.160

19.160

11.524

0.924

0.000

0.000

Midlands Electricity plc

0.000

0.000

12.769

30.496

32.044

32.044

32.044

32.044

32.044

32.044

32.044

32.044

32.044

32.044

32.044

32.044

19.274

1.547

0.000

0.000

Northern Electric plc

0.000

0.000

6.976

16.662

17.508

17.508

17.508

17.508

17.508

17.508

17.508

17.508

17.508

17.508

17.508

17.508

10.531

0.845

0.000

0.000

NORWEB plc

0.000

0.000

11.057

26.409

27.749

27.749

27.749

27.749

27.749

27.749

27.749

27.749

27.749

27.749

27.749

27.749

16.691

1.339

0.000

0.000

SEEBOARD plc

0.000

0.000

10.926

26.095

27.419

27.419

27.419

27.419

27.419

27.419

27.419

27.419

27.419

27.419

27.419

27.419

16.492

1.323

0.000

0.000

Southern Electric plc

0.000

0.000

16.323

38.985

40.964

40.964

40.964

40.964

40.964

40.964

40.964

40.964

40.964

40.964

40.964

40.964

24.640

1.977

0.000

0.000

South Wales Electricity plc

0.000

0.000

4.607

11.003

11.562

11.562

11.562

11.562

11.562

11.562

11.562

11.562

11.562

11.562

11.562

11.562

6.954

0.557

0.000

0.000

South Western Electricity plc

0.000

0.000

7.503

17.920

18.829

18.829

18.829

18.829

18.829

18.829

18.829

18.829

18.829

18.829

18.829

18.829

11.326

0.908

0.000

0.000

Yorkshire Electricity Group plc

0.000

0.000

10.794

25.780

27.088

27.088

27.088

27.088

27.088

27.088

27.088

27.088

27.088

27.088

27.088

27.088

16.294

1.307

0.000

0.000

In Table G—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

2.

Table H below relates to wind generating stations not exceeding 0.768 MW.

Table H

Name of Supplier

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Eastern Electricity plc

0.000

0.291

1.230

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.414

1.063

0.182

0.000

0.000

0.000

East Midlands Electricity plc

0.000

0.191

0.808

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.928

0.698

0.119

0.000

0.000

0.000

London Electricity plc

0.000

0.212

0.898

1.032

1.032

1.032

1.032

1.032

1.032

1.032

1.032

1.032

1.032

1.032

1.032

0.776

0.133

0.000

0.000

0.000

Manweb plc

0.000

0.123

0.520

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.598

0.449

0.077

0.000

0.000

0.000

Midlands Electricity plc

0.000

0.206

0.871

1.001

1.001

1.001

1.001

1.001

1.001

1.001

1.001

1.001

1.001

1.001

1.001

0.752

0.129

0.000

0.000

0.000

Northern Electric plc

0.000

0.112

0.475

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.546

0.411

0.070

0.000

0.000

0.000

NORWEB plc

0.000

0.178

0.754

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.866

0.651

0.111

0.000

0.000

0.000

SEEBOARD plc

0.000

0.176

0.745

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.856

0.644

0.110

0.000

0.000

0.000

Southern Electric plc

0.000

0.264

1.114

1.279

1.279

1.279

1.279

1.279

1.279

1.279

1.279

1.279

1.279

1.279

1.279

0.962

0.165

0.000

0.000

0.000

South Wales Electricity plc

0.000

0.074

0.314

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.360

0.271

0.046

0.000

0.000

0.000

South Western Electricity plc

0.000

0.121

0.511

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.588

0.442

0.075

0.000

0.000

0.000

Yorkshire Electricity Group plc

0.000

0.174

0.736

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.846

0.636

0.109

0.000

0.000

0.000

In Table H—

(a)

period 1 means 1st May 1997 to 31st March 1998

period 2 means 1st April 1998 to 31st March 1999

period 3 means 1st April 1999 to 31st March 2000

period 4 means 1st April 2000 to 31st March 2001

period 5 means 1st April 2001 to 31st March 2002

period 6 means 1st April 2002 to 31st March 2003

period 7 means 1st April 2003 to 31st March 2004

period 8 means 1st April 2004 to 31st March 2005

period 9 means 1st April 2005 to 31st March 2006

period 10 means 1st April 2006 to 31st March 2007

period 11 means 1st April 2007 to 31st March 2008

period 12 means 1st April 2008 to 31st March 2009

period 13 means 1st April 2009 to 31st March 2010

period 14 means 1st April 2010 to 31st March 2011

period 15 means 1st April 2011 to 31st March 2012

period 16 means 1st April 2012 to 31st March 2013

period 17 means 1st April 2013 to 31st March 2014

period 18 means 1st April 2014 to 31st March 2015

period 19 means 1st April 2015 to 31st March 2016

period 20 means 1st April 2016 to 30th December 2016

(b)

capacity amounts are expressed in megawatts.

3.

In this Order—

  • “declared net capacity”, in the case of a wind generating station, means the declared net capacity ascertained by the application to such a station of the formula specified in subsection (8A) of section 32 of the Act5;
  • “wind generating stations” means generating stations which are driven by wind;

  • “wind generating stations exceeding 0.768 MW” means wind generating stations each of which has a declared net capacity exceeding 0.768 megawatts; and

  • “wind generating stations not exceeding 0.768 MW” means wind generating stations each of which has a declared net capacity not exceeding 0.768 megawatts.

SCHEDULE 2CONDITIONS PRECEDENT

Article 4(1)

1.

The requirements referred to in article 4(1)(a) are—

(a)

that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

(b)

that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any public electricity supplier to whose electricity distribution system any relevant non-fossil fuel generating station is to be connected to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;

(c)

that the operator has entered into, and there has come into force, a connection agreement;

(d)

that the operator holds a licence or has the benefit of an exemption under Part I of the Act authorising him to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements;

(e)

(to the extent that the arrangements relate to a relevant non-fossil fuel generating station whose operator is so required) that the operator has become a party to the pooling and settlement agreement;

(f)

that the commissioning process has been satisfactorily completed;

(g)

in the case of a landfill gas generating station, that an opinion has been obtained from an independent consulting engineer that, on commissioning, any generating set within the generating station is likely to have a useful life, provided it is operated in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry and in accordance with the manufacturer’s recommendations, of at least 15 years from the date of commissioning and that the generating station can reasonably be said to be built on new foundations;

(h)

in the case of a municipal and industrial waste with combined heat and power generating station, that the generating station can reasonably be said to have been built with all the equipment, up to and including the meter for measuring heat supplied from it, necessary to maintain, if operated and maintained in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry, a continuous heat output from the generating station of at least 200 per cent. of its declared net capacity.

2.

In this Schedule—

“connection agreement” means an agreement providing for the connection of any relevant non-fossil fuel generating station to a system of electric lines and electrical plant through which generating capacity will be made available to a public electricity supplier.

SCHEDULE 3TERMINATION EVENTS

Article 4(2)

The events referred to in article 4(2)(a) are—

(1)

the operator 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 defaulting in the performance of any of his material obligations under the relevant 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 unremedied at the expiry of 28 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 (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 28 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 relevant arrangements in such form and amount as the supplier (acting reasonably) may require.