S.I. No. 377/2024 - Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 1) Order 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th July, 2024.

Table of Contents

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 39 (amended by section 12 of the EirGrid, Electricity and Turf (Amendment) Act 2022 (No. 17 of 2022)) of the Electricity Regulation Act 1999 (No. 23 of 1999) and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 300 of 2002 ) (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), following consultation with the Minister for Housing, Local Government and Heritage (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), and having given a draft of this Order to the persons upon whom the obligation is to be imposed, hereby order as follows:

Citation

1.

Definitions

2.

“Order of 2023” means the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2023 ( S.I. No. 713 of 2023 );

“Principal Order” means the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ).

Amendment of Schedule 3 to Principal Order

3.

Amendment of Schedule 4 to Principal Order

4.

Amendment of Schedule 5 to Principal Order

5.

Amendment of Schedule 6 to Principal Order

6.

SCHEDULE 1

Article 3

“Schedule 3

In this Schedule—

‘biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

‘CHP” means combined heat and power;

‘hydro project” means any hydro-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant;

‘LFG” means landfill gas;

‘large scale wind project” means an onshore wind project with a maximum export capacity greater than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant;

‘small scale wind project” means any wind-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant.

• Note that this plant will have a variable biodegradable fuel content, affecting the proportion of its exported electricity eligible for REFIT. This will be estimated ex-ante and will be certified for the purposes of REFIT calculations on an ex-post basis.

”.

SCHEDULE 2

Article 4

“Schedule 4

In this Schedule—

‘biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

‘hydro project” means any hydro-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant;

‘LFG” means landfill gas;

‘large scale wind project” means an onshore wind project with a maximum export capacity greater than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant;

‘small scale wind project” means any wind-powered electricity generating plant with a maximum export capacity of or less than 5 MW which is connected directly to the electricity network and metered independently of any other electricity generating plant.

”.

SCHEDULE 3

Article 5

“Schedule 5

In this Schedule—

‘AD” means anaerobic digestion;

‘anaerobic digestion” means the process by which biomass material is broken down by micro-organisms under anaerobic conditions, and where the resulting biogas is used to generate electricity;

‘biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

‘co-firing” means the combustion of biomass, up to 30% of the stated electricity generation capacity of the plant in any single year, in one of the existing three peat fired power stations operational under state aid clearance;

‘cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy, or electrical and mechanical energy;

‘HECHP” means high efficiency cogeneration which complies with criteria specified in Annex II to Directive 2012/27/EC of the European Parliament and of the Council of 25 October 2012¹ .

• Note that this plant will have variable biodegradable fuel content, affecting the proportion of their exported electricity eligible for REFIT. This will be estimated ex-ante and will be certified for the purposes of REFIT calculations on an ex-post basis. ** Note exact MWh to receive REFIT in respect of this plant will only be known ex-post.

”.

SCHEDULE 4

Article 6

“Schedule 6

In this Schedule—

‘biogas” has the meaning given to it in Article 2 of the Renewable Energy Directive;

‘biomass” has the meaning given to it in Article 2of the Renewable Energy Directive;

‘high efficiency chp” or “HECHP” means high efficiency cogeneration which complies with criteria specified in Annex II to Directive 2012/27/EC of the European Parliament and of the Council of 25 October 2012² ;

‘hydro” means hydroelectric generation which uses hydraulic turbines but excludes pumped-storage hydro;

‘onshore wind project” means an onshore energy project using wind turbine generation which is connected directly to the electricity network and metered independently of any other electricity generating plant at a single metering point;

‘solar project” means an onshore energy project using solar thermal or solar photovoltaic which is connected directly to the electricity network and metered independently of any other electricity generating plant at a single metering point.

”.

GIVEN under my Official Seal,

25 July, 2024.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The Order updates the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ) in respect of renewable energy projects in the Renewable Energy Feed in Tariff Schemes and the Renewable Electricity Support Scheme.

Footnotes