The Renewables Obligation Order (Northern Ireland) 2009

• (7) Where any of the circumstances mentioned in paragraph (8) apply in relation to preliminary accreditation or an accreditation which the Authority has granted, (whether or not under this Article) and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

• (a) withdraw the preliminary accreditation or accreditation in question;

• (b) amend conditions attached to the preliminary accreditation or accreditation under paragraph (6);

• (c) attach conditions to the preliminary accreditation or accreditation.

• (8) The circumstances referred to in paragraph (7) are as follows—

• (a) in the Authority’s view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted;

• (b) any condition attached to the preliminary accreditation or accreditation was granted has not been complied with;

• (c) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular;

• (d) there has been a change in applicable legislation since the preliminary accreditation or accreditation was granted such that, had the application for preliminary accreditation or accreditation been made after the change it would not have been granted.

• (9) The Authority must notify the applicant in writing of—

• (a) its decision on an application for preliminary accreditation or accreditation of a generating station;

• (b) any conditions attached to the preliminary accreditation or accreditation; and

• (c) any withdrawal of preliminary accreditation or accreditation.

• (10) In providing written notification under paragraph (9), the Authority must specify the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect and, where applicable, the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect.

• (11) In paragraph (3), the reference to the person who proposes to construct the generating station shall include a person who arranges for the construction of the generating station.

NIROC Register

51

• (1) The Authority must establish and maintain a register of NIROCs (“the Register”) in accordance with Schedule 3 which shall have effect.

• (2) A NIROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 3) are entered in the Register by the Authority.

• (3) Without prejudice to the foregoing provisions of this Article and Schedule 3, the Authority must ensure that the Register contains, by way of entries made in it——

• (a) an accurate record of the particulars of each NIROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; and

• (b) a list of names of all persons who either are the registered holder of a NIROC or, although not at that time the registered holder of a NIROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of NIROCs.

• (4) Only the registered holder of a NIROC may produce that NIROC to the Authority under Article 5.

Modification of this Order in relation to microgenerators in certain circumstances

52

• (1) This Article applies to generating stations which are microgenerators.

• (2) The operator of a generating station to which this Article applies or, where NIROCs relating to generating stations to which this Article applies are to be issued to an agent by virtue of Article 33, that agent (and not the operators of the generating stations in question) may—

• (a) where NIROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period; or

• (b) in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),

give notice in writing to the Authority that entitlement to NIROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this Article.

• (3) Paragraph (4) applies—

• (a) where an operator or, as the case may be, agent has given notice as specified in paragraph (2)(a) for the remainder of the obligation period during which the notice was given and subsequent obligation periods; and

• (b) where an operator or, as the case may be, agent has given notice as specified in paragraph 2(b), for the relevant obligation period and subsequent obligation periods.

• (4) Where this paragraph applies, the reference to “month” in each place where it occurs in Articles ..., 21, 22, 23, 34, 35, 37, 45 and Schedule 3 is to be taken to be a reference to “obligation period”, subject to the following exceptions—

• (a) In Articles 22(2)(b), and 45(3) the reference to “the second month” is to remain unchanged;

• (b) in paragraph 3(b)(i) of Schedule 3 the words “the month and year” is to be replaced by “the obligation period”.

• (5) An operator or, as the case may be, agent who has given notice under paragraph (2) may—

• (a) if notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or

• (b) if notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period,

by notice in writing to the Authority, withdraw the notice given under paragraph (2).

• (6) Where an operator or, as the case may be, agent withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.

Revocation, transitional and savings

53

• (1) Subject to paragraphs (2) to (4), the following Orders are hereby revoked—

• (a) The Renewables Obligation Order (Northern Ireland) 2007¹⁶(“the 2007 Order”); and

• (b) The Renewables Obligation (Amendment) Order (Northern Ireland) 2007¹⁷.

• (2) The 2007 Order shall continue to apply in relation to the issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

• (3) The 2007 Order shall continue to apply in relation to—

• (a) the issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

• (b) any obligations or requirements imposed by it on an electricity supplier, an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2009, and anything which falls to be done or determined (whether by the supplier, the generator or some other person) in relation to any such obligations and requirements;

• (c) any obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it.

• (4) Without prejudice to the generality of the foregoing—

• (a) Article 28 of the 2007 Order shall continue to apply so as to enable the Authority to request information in respect of electricity generated in the obligation period ending on 31st March 2009;

• (b) Schedule 2 to the 2007 Order is to continue to apply in relation to that obligation period.

• (5) For the purpose of Article 13(2) of this Order—

• (a) NIROCs issued under the 2007 Order in respect of electricity supplied in the obligation period ending on 31st March 2009; and,

• (b) GBROCs issued in respect of electricity supplied in the period corresponding to that obligation period

may be produced to the Authority by a designated supplier in discharge of up to 25 per cent of his renewables obligation in respect of the obligation period ending on 31st March 2010.

• (6) In this Article, “obligation period” (except the reference to the obligation period ending on 31st March 2010 in paragraph (4) and “NIROCs” have the same meaning as in the 2007 Order.

SCHEDULE 1 — CALCULATION OF THE OBLIGATION

Obligation period	Number of renewables obligation certificates per megawatt hour of electricity supplied in Great Britain	Number of renewables obligation certificates per megawatt hour of electricity supplied in Northern Ireland
1st April 2009 to 31st March 2010	0.097	0.035
1st April 2010 to 31st March 2011	0.104	0.040
1st April 2011 to 31st March 2012	0.114	0.050
1st April 2012 to 31st March 2013	0.124	0.063
1st April 2013 to 31st March 2014	0.134	0.063
1st April 2014 to 31st March 2015	0.144	0.063
1st April 2015 to 31st March 2016	0.154	0.063
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2037	0.154	0.063

SCHEDULE 2 — ELECTRICITY TO BE STATED IN NIROCs

PART 1 — INTERPRETATION

1

• (1) In this Schedule—

• “2009/11 dedicated biomass generating station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—only from biomass, andin respect of which NIROCs were issued for all or part of the electricity so generated during that month;

• “AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

• “advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 4megajoules per metre cubed, andin the case of a liquid fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 10megajoules per kilogram;

• ...

• ...

• ...

• ...

• ...

• “building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment,where the relevant generating station is not a qualifying existing solar photovoltaic station or a qualifying new solar photovoltaic station as defined in Article 27A;

• “closed landfill gas” means electricity generated—from landfill gas (other than electricity generated using the heat from a turbine or engine), andin a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;

• “co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular bioliquid have been burned in separate combustion units;

• “dedicated biomass” means electricity generated from regular biomass by a generating station—which is not a relevant fossil fuel generating station, andin a month in which it generates electricity only from biomass;

• “dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station—which is not a relevant fossil fuel generating station, andin a month in which it generates electricity only from biomass;

• “dedicated energy crops” means electricity generated from energy crops by a generating station—which is not a relevant fossil fuel generating station, andin a month in which the generating station generates electricity only from energy crops or only from biomass;

• “electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;

• “electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

• “energy from waste with CHP” means electricity generated from the combustion of waste (other than an advanced fuel or a fuel produced by means of anaerobic digestion...) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

• “geopressure” means electricity generated using naturally occurring subterranean pressure;

• “geothermal” means electricity generated using naturally occurring subterranean heat;

• “ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment,where the relevant generating station is not a qualifying existing solar photovoltaic station or a qualifying new solar photovoltaic station as defined in Article 27A;

• “high-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “high-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units;

• “hydroelectric” means electricity generated by a hydro generating station;

• “landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where that turbine or engine is generating electricity from landfill gas;

• “low-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “low-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units;

• “mid-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “mid-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units;

• “offshore wind” means electricity generated from wind by a generating station that is offshore, and a generating station is offshore if—its turbines are situated wholly in offshore waters, andit is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

• “onshore wind” means electricity generated from wind by a generating station that is not offshore;

• “qualifying existing solar photovoltaic station” has the meaning given to that term under Article 29A(1);

• “qualifying new solar photovoltaic station” has the meaning given to that term under Article 27(3);

• “regular bioliquid” means bioliquid other than—advanced fuel,fuel produced by means of anaerobic digestion,energy crops;

• “regular solid or gaseous biomass” means regular biomass other than bioliquid;

• “relevant fossil fuel CHP generating station” means a relevant fossil fuel generating station which is a qualifying combined heat and power generating station;

• “relevant fossil fuel generating station” means—a generating station—which is not a 2009/11 dedicated biomass generating station, andwhich has, in any 6month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, ora generating station—which is a 2009/11 dedicated biomass generating station, andwhich has, in any 6month period since 1stNovember 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period;

• “solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

• “standard gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 2megajoules per metre cubed but is less than 4megajoules per metre cubed, andin the case of a liquid fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is less than 10megajoules per kilogram;

• ...

• “station conversion” means electricity generated—from regular biomass or from energy crops,by a relevant fossil fuel generating station, andin a month in which the station generates electricity only from biomass or only from energy crops;

• “station conversion with CHP” means electricity generated—from regular biomass or from energy crops,by a relevant fossil fuel CHP generating station, andin a month in which the station generates electricity only from biomass or only from energy crops;

• “tidal impoundment – tidal barrage” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is connected to both banks of a river and the generating station has a declared net capacity of less than 1 gigawatt;

• “tidal impoundment – tidal lagoon” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is not a tidal barrage and the generating station has a declared net capacity of less than 1 gigawatt;

• “tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water.

• “unit conversion” means electricity generated from regular biomass or energy crops burned in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “unit conversion with CHP” means electricity generated from regular biomass or energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

• “wave” means electricity generated from the capture of energy created from the motion of naturally occurring waves on water.

• (2) For the purposes of this Schedule—

• (a) fossil fuel does not include waste which is a renewable source;...

• (b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes.

• (c) in determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; and

• (d) in determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used—

• (i) in that combustion unit for a purpose listed in Article 21(3)(a), and

• (ii) in a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in Article 21(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10% of the energy content of all of the energy sources burned in that combustion unit during that month.

PART2 — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using pre-2013 capacity
AD	$12$
Advanced gasification/pyrolysis	$12$
Co-firing of regular bioliquid	2
Dedicated biomass	$23$
Dedicated energy crops	$12$
Electricity generated from landfill gas	1
Electricity generated from sewage gas	2
Energy from waste with CHP	1
Geopressure	1
Geothermal	$12$
High-range co-firing	$109$
Hydroelectric	1
Low-range co-firing	2
Mid-range co-firing	$53$
Offshore wind	$12$
Onshore wind	1
Solar photovoltaic	$12$
Standard gasification/pyrolysis	1
Station conversion	1
Tidal impoundment – tidal barrage	$12$
Tidal impoundment – tidal lagoon	$12$
Tidal stream	$12$
Unit conversion	1
Wave	$12$

PART 3 — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(3) APPLIES

Generation type	Amount of electricity to be stated in a NIROC
Electricity generated from sewage gasOffshore wind
Wave
Solar photovoltaic	1 megawatt hour

PART 4 — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES

Generation type	Amount of electricity to be stated in a NIROC
Electricity generated from sewage gas	1 megawatt hour

SCHEDULE 3 — The NIROC Register

1

The Authority must maintain the Register referred to in Article 51 (which may be in electronic form) at one or more of its premises.

2

The Register must identify whether or not a NIROC subsists and details of its particulars.

3

Particulars of a NIROC comprise—

• (a) the name of the person to whom the Authority issues the NIROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 7, the name of the substitute (“the registered holder”); and

• (b) an identifier unique to the NIROC (“the NIROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—

• (i) the month and year during which the electricity was generated;

• (ii) the location of the generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the location of the agent to whom, by virtue of Article 33, the NIROC was issued;

• (iii) a description of that generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the generating stations to which the NIROC relates, including reference to the renewable source or sources used by it or them to generate electricity;

• (iv) the date of issue of the NIROC; and

• (v) the number given to the NIROC by the Authority

4

A person may only be the registered holder of a NIROC or have an entry made and maintained in respect of them under Article 51(3)(b) if they provide to the Authority in writing—

• (a) evidence of their identity; and

• (b) where persons are authorised to act on their behalf in respect of the production of NIROCs under Article 5(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

5

The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof.

6

The Authority must delete from the Register—

• (a) any NIROC which has been revoked by it;

• (b) any NIROC which has been produced to it under Article 5(2);

• (c) any NIROC which is no longer eligible to be produced to it under Article 5(2);

• (d) any NIROC which it is asked to delete from the Register by the registered holder of the NIROC; or

• (e) any NIROC which has been according to the Great Britain authority produced to the Great Britain authority by a Great Britain designated supplier under a GBRO Order;

and where it is so deleted, it cannot thereafter be produced as the evidence or part of the evidence required under Article 5(2).

7

Where the registered holder of a NIROC and a person whom the holder wishes to be the registered holder of it require the Register be amended, by substituting for the name of the registered holder the name of the other person (“the substitute”), (who must be a person whose name is included on the list referred to in Article 51(3)(b)—

• (a) the registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects; and

• (b) where the requirements of sub-paragraph (a) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the NIROC recorded in the Register to show the substitute as the registered holder.

8

Where the Authority receives requests under paragraph 7(a) it must inform both the registered holder of the NIROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention.

9

Where—

• (a) a NIROC is issued under this Order, or

• (b) a substitute is recorded as the registered holder of a NIROC pursuant to paragraph 7,

the Authority must notify the registered holder, or as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.

10

The substitute cannot be the registered holder of a NIROC until such time as the particulars of the NIROC recorded in the Register identify the substitute as such.

11

The Register may be amended by a decision of the Authority—

• (i) where the Authority is satisfied that an entry in the Register has been obtained by fraud;

• (ii) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register;

• (iii) where the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).

12

The contents of the Register (including the entries referred to in Article 51(3)(b)) must be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority must provide a written statement of any entry on the Register including any entry referred to in Article 51(3)(b).

13

Where any person considers that an entry maintained in respect of them under Article 51(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted.

14

The Authority must in any procedural guidelines which it produces provide details of its usual working hours.

15

“Banking day” means a day on which banks are generally open in the City of London excluding Saturdays or Sundays.

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th March 2009.

Jenny Pyper — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order imposes an obligation (“the renewables obligation”) on all electricity suppliers, licensed under the Electricity Order (Northern Ireland) 1992 (“the Electricity Order”) who supply electricity in Northern Ireland, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in Northern Ireland during a specified period known as an obligation period (Article 5). It also “bands” the different technologies that are used to generate electricity from renewable sources, meaning that the number of certificates that will be issued in respect of that electricity depends on the way in which that electricity has been generated. The Order provides for the renewables obligation to be administered by the Northern Ireland Authority for Utility Regulation(“the Authority”) who are responsible for issuing renewables obligation certificates (NIROCs) to renewable electricity generators on their renewable output. These certificates are sold to electricity suppliers with or without the associated renewable electricity.

Alternatively, instead of producing the required number of certificates in respect of all or part of their renewables obligation, a supplier is permitted to make a payment to the Authority (articles 40-41).

Part 1 sets out the interpretation provisions for the Order, and defines biomass and waste. In particular, Article 3 specifies, as provided for in Article 55F of the Energy (Northern Ireland) Order 2003 (“the Energy Order”), that waste constitutes a renewable source if not more than 90% of it is, or is derived from, fossil fuel. It also sets out how the proportion of waste which is, or is derived from, fossil fuel is to be determined and includes specific provisions relating to municipal waste.

Article 4 defines biomass and also sets out the circumstances in which a fuel (not being biomass), may be treated as biomass by virtue of being used in a generating station with biomass. It also provides how the proportion of biomass which is composed of fossil fuel is to be determined.

Part 2 sets out how the renewables obligation is calculated and what a supplier needs to do to meet their obligation. In particular, Articles 6 to 10 set out the calculations that the Department and the Secretary of State for Energy in the UK must undertake before the start of each obligation period (apart from the 2009/10 obligation period) to determine the total UK renewables obligation for that period.

Article 11 sets out the circumstances where each calculation is to be used to determine the total obligation for electricity suppliers in Northern Ireland.

Article 12 determines the number of renewables obligation certificates to be produced by individual electricity suppliers to discharge their renewables obligation. Paragraph (4) of this Article requires the Department to publish by the 1st October preceding an obligation period the number of renewables obligation certificates that a supplier will be required to produce in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland.

Article 13 provides for an electricity supplier to discharge his renewables obligation by the production to the Authority of a renewables obligation certificate issued in Great Britain. This Article also sets out the co-firing cap i.e. licensed suppliers are not able to meet more than a specified proportion of their obligation by presenting renewables obligation certificates issued in respect of electricity generated by a generating station fuelled or driven partly by renewable sources and partly by fossil fuel.

In Part 3, Article 15 sets out those conditions that need to be met for electricity to be regarded as having been supplied to customers in Northern Ireland for the purposes of Article 54(3) and (4) of the Energy Order. Article 16 sets out when electricity is to be regarded as being used in a permitted way for the purposes of Article 54(5) and (6) of the Energy Order.

In Part 4, Articles 17 to 21 set out circumstances in which NIROCs are not to be issued.

In Part 5, Articles 22 and 23 set out how the number of NIROCs relating to a generating station’s renewable output is to be calculated. Article 24 makes specific modifications for qualifying combined heat and power generating stations.

In Part 6, Articles 25 to 29 are the “banding provisions”, which govern the amount of electricity in respect of which each NIROC is to be issued. Article 25 contains the general rule, which is that the amount of electricity in respect of which a NIROC is to be issued depends upon the way in which the electricity was generated, and is set out in Part 2 of Schedule 2. There are special provisions governing NIROCs issued to qualifying combined heat and power generating stations (Article 26), microgenerators (Article 27), generating stations which were accredited as at 11th July 2006 (Article 28), and generating stations which were accredited or held preliminary accreditation as at 31st March 2009 (Article 29).

Article 30 sets out conditions which must be satisfied before the “banding provisions” apply to certain generating stations in respect of which a statutory grant has been awarded. Article 31 provides for the Department to review the banding provisions at four yearly intervals, with the first review commencing in October 2010. A review may also occur at any other time if any of the circumstances set out in Article 31(3) arise.

In Part 7, Articles 32 to 36 provide for the issue of NIROCs – that is to say, renewables obligation certificates issued under this Order – by the Authority. Article 37 provides for the revocation of NIROCs in certain circumstances. Article 38 makes provision for the issue of NIROCs in respect of electricity generated under contracts under the Non-Fossil Fuel Obligations (NFFO).

Where suppliers discharge their renewables obligation (in whole or in part) by making payments to the Authority, the payments are held in the buyout and late payment funds. Part 8 sets out how the buyout and late payment funds are to be handled. Articles 42 and 43 require the Authority to make payments from those funds into the consolidated fund and to the Great Britain authority to pay for the costs of administering the renewables obligation. Once these payments have been made, the remainder of the money in the funds is paid to UK suppliers, who have discharged their renewables obligation (in whole or in part) by presenting renewables obligation certificates, in accordance with Article 44. The exception to this occurs where £50,000 or less is all that is held in the late payment fund, in which case that amount will be retained by the Authority and will be paid out in the following obligation period (Article 43).

Part 9 makes provision concerning information which is to be provided to the Authority (Articles 45 and 46), which is to be provided to the Department (Article 47), and which is to be exchanged with the Great Britain authority (Article 48). It also sets out functions to be discharged by the Authority, in addition to those it is required to discharge in order to administer the renewables obligation (Article 49).

Article 50 provides for the preliminary accreditation and accreditation of generating stations. In order to be eligible to claim NIROCs in respect of electricity generated from eligible renewable sources, a generating station must have obtained accreditation from the Authority.

Article 52 modifies the provisions of specific Articles in this Order to enable a microgenerator to be able to claim NIROCs on an annual rather than a monthly basis.

Article 53 revokes the Renewables Obligation Order (NI) 2007 (“the 2006 Order”) and the Renewables Obligation (Amendment)Order (NI) 2007. The provisions of the 2007 Order are saved in respect of all outstanding obligations or requirements imposed by it.

A regulatory impact assessment is available from Sustainable Energy Branch, Department of Enterprise, Trade and Investment, Netherleigh, Massey Avenue, Belfast, BT4 2JP.

The 2007 Order revoked and re-enacted the Renewables Obligation Order (NI) 2006 (S.R. 2006 No.56) (“the 2006 Order”). The 2006 Order revoked and re-enacted the Renewables Obligation Order (Northern Ireland) 2005 (“the 2005 Order) which gave effect to Article 3.1 of the European Directive on the promotion of electricity produced from renewable energy sources in the internal market (Directive 2001/77/EC) O.J. No. L283/33 27.10.2001. A transposition note setting out how the main elements of this Directive have been transposed into United Kingdom law is available from the Renewables Financial Incentives Team, Department of Energy and Climate Change 1 Victoria Street, London, SW1H 0ET. This Order does not raise any new transposition issues. Copies have been placed in the libraries of both Houses of Parliament, Westminster.

Footnotes

Editorial notes