Statutory Instruments

2006 No. 2388

ELECTRICITY

The Electricity from Non-Fossil Fuel Sources Arrangements (England and Wales) Order 2006

Made

5th September 2006

Laid before Parliament

8th September 2006

Coming into force

1st October 2006

The Secretary of State, in exercise of the powers conferred by section 67(1)(c) of the Utilities Act 2000( 1 ), makes the following Order:—

Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity from Non-Fossil Fuel Sources Arrangements (England and Wales) Order 2006 and shall come into force on 1st October 2006.

(2) This Order extends to England and Wales only.

Interpretation

2. In this Order—

“generator” has the meaning given to that term by the NFFO Savings Order;

“new arrangements” has the meaning given to that term by the NFFO Savings Order;

“NFFO 4 Order” means the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997 ( 2 );

“NFFO 5 Order” means the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998 ( 3 );

“NFFO Savings Order” means the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 ( 4 );

“nominated person” has the meaning given to that term by the NFFO Savings Order; and

“relevant contracts” means the replacement power purchase agreements which constitute part of the new arrangements made by the nominated person pursuant to the NFFO Savings Order with a generator of a non-fossil fuel generating station described in Part V of Schedule 1 to the NFFO 4 Order or in Part III of Schedule 1 to the NFFO 5 Order and which are described further in the Schedule.

Contracts

3. With effect from the coming into force of this Order, clause 14.2 of each of the relevant contracts shall be amended by deleting the final sentence of clause 14.2 and substituting the following—

“ If the Seller is not entitled to the Premium Price the price for Relevant Metered Output for the relevant Period of the Order shall be the lower of the Premium Price and the Reference Price within the meaning of the following sentence. For the purposes of this clause 14.2 “Reference Price” shall mean “Reference Price” as defined in clause 1.1 except that the reference to the “ NFFO Contracts” in paragraph (A)(i) of that definition shall be a reference only to those NFFO Contracts within the Relevant Technology Band. ” .

Maragaret Hodge

Minister for Industry and the Regions

Department of Trade and Industry

5th September 2006

Article 2

SCHEDULE Relevant contracts

	Contract	Date entered into	Facility	Generator
1.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Edmonton B CHP Plant	London Waste Limited
2.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	City Energy CHP	Dreh Resources Limited
3.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	City Energy Portsmouth CHP	Dreh Resources Limited
4.	Renewables NFFO 4 Replacement Power Purchase Agreement BSC Exemptible Contract	08.03.2001	Start Regen	Heron Trust Limited
5.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	City Energy Sheffield CHP	Dreh Resources Limited
6.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Coventry Waste to Energy Plant	Coventry and Solihull Waste Disposal Company Limited
7.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Raikes Lane CHP	Greater Manchester Waste Limited
8.	Renewables NFFO 4 Replacement Power Purchase Agreement BSC Exemptible Contract	08.03.2001	Fibrepower (Slough)	Fibrepower (Slough) Limited
9.	Renewables NFFO 4 Replacement Power Purchase Agreement non BSC Party Contract	04.03.2002	Huddersfield Waste to Energy Facility	SITA Kirklees Limited
10.	Renewables NFFO 5 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Eastcroft	WasteNotts (Reclamation) Limited
11.	Renewables NFFO 5 Replacement Power Purchase Agreement BSC Exemptible Party Contract	08.03.2001	Nine Elms CHP	Gent Fairhead Environmental Services Limited
12.	Renewables NFFO 5 Replacement Power Purchase Agreement BSC Exemptible Contract	08.03.2001	Acorn Energy Supplies	Acorn Energy Supplies Limited
13.	Renewables NFFO 5 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Philadelphia Power Project	Compact Power Limited
14.	Renewables NFFO 5 Replacement Power Purchase Agreement non BSC Party Contract	08.03.2001	Chapel Renewable Energy Centre	Veolia es Aurora Limited
15.	Renewables NFFO 5 Replacement Power Purchase Agreement BSC Exemptible Contract	08.03.2001	Windwhistle Energy Project	Atlantic Energy Limited
16.	Renewables NFFO 5 Replacement Power Purchase Agreement BSC Exemptible Contract	08.03.2001	Dolcoath Energy	Atlantic Energy Limited

( 1 )

2000 c.27 .

( 2 )

S.I. 1997/248 .

( 3 )

S.I. 1998/2353 .

( 4 )

S.I. 2000/2727 , as amended by S.I. 2001/3268 .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
generator	art. 2.	def_79d61c5409
new arrangements	art. 2.	def_5f2d575592
NFFO 4 Order	art. 2.	def_cd0f20fe43
NFFO 5 Order	art. 2.	def_c63f08e09f
NFFO Savings Order	art. 2.	def_dfc3378e83
nominated person	art. 2.	def_761cdc0d01
relevant contracts	art. 2.	def_7c6dfb6020