
1 

(1) This Order may be cited as the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1991 and shall come into force on 6th November 1991.
(2) This Order does not apply to Scotland.
2 
Each public electricity supplier in England and Wales shall, before 20th November 1991, make (in so far as he has not already done so) and produce to the Director evidence showing that he has made such additional arrangements as will secure that for each period shown in Tables A to F in Schedule 1 (specified aggregate amounts of generating capacity) to this Order the aggregate amount of generating capacity available to him from non-fossil fuel generating stations of the description specified in the heading to each particular Table will not be less than the amount specified in that Table in relation to him for that period.
3 

(1) In this article, references to relevant arrangements are references to any arrangements evidence of the making of which is produced to the Director in accordance with article 2 of this Order.
(2) Where any relevant arrangements–
(a) provide that the availability to a supplier of some or all of the capacity of the non-fossil fuel generating station in question is conditional upon the satisfaction of any such requirement as is mentioned in Schedule 2 (conditions precedent) to this Order (whether the requirement in question is described in the terms of that Schedule or in terms to the like effect); and
(b) result, on the first day of any specified period, in some or all of that capacity not being available to that supplier, by reason of any such requirement not being satisfied as was then due, or had previously been due on or prior to such date, under those arrangements to have been satisfied,
Provided that the amount so specified shall not be reduced so as to be less than the relevant aggregate amount actually available to that supplier under the relevant arrangements during the period in question.
(3) Where any relevant arrangements–
(a) provide that some or all of the generating capacity in question may reduce or cease to be available following the occurrence of any such event as is mentioned in Schedule 3 (termination events) to this Order (whether the event in question is described in the terms of that Schedule or in terms to the like effect); and
(b) result in some or all of that capacity not being available to that supplier, on any day during any specified period, by reason of the occurrence of any such event,
then the specified period then current shall forthwith terminate and, in relation to any day during any subsequent specified period ascertained in accordance with paragraph (4) of this article, this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified in relation to that supplier for the period which includes that day in the Table in question in Schedule 1 to this Order, less an amount equal to the sum of any capacity which has ceased to be available at that time by reason of the occurrence of any such event or events and any capacity whose availability is at that time conditional upon the satisfaction of any such requirement or requirements as are referred to in paragraph (2) of this article, but subject to the proviso contained in that paragraph.
(4) In this article “specified period” means, in relation to any public electricity supplier, each successive period commencing and ending on the dates specified in a Table in Schedule 1 to this Order but so that–
(a) the first such period shall commence on 1st January 1992 or, where all the arrangements made by the supplier make provision as mentioned in paragraph (2)(a) of this article, on the date on which all applicable requirements mentioned in paragraphs (1) to (6) of Schedule 2 to this Order have been satisfied in respect of any such arrangements;
(b) on any such day as is mentioned in paragraph (2)(b) of this article there shall be substituted, in place of any specified period that would otherwise have commenced on that day, a period commencing on such day and expiring (subject to paragraphs (4)(d) and (4)(e) of this article) on the day on which the relevant requirement is satisfied either wholly or in part;
(c) upon the expiry of any specified period ascertained in accordance with this sub-paragraph or with paragraph (4)(b) of this article, the next specified period shall commence on the following day and shall continue, subject to paragraphs (4)(d) and (4)(e) of this article, until the day on which the relevant requirement is either wholly satisfied or further satisfied in part;
(d) on any such day as is mentioned in paragraph (3)(b) of this article, the then current specified period shall forthwith terminate and shall be followed by a new period commencing immediately upon such termination; and
(e) any specified period which is current on any of the period end dates specified in the Table shall expire on that date.
John Wakeham
Secretary of State for Energy
31st October 1991
SCHEDULE 1
Article 2

TABLE A
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc — — 3.057 11.293 11.293 11.293 11.293
East Midlands Electricity plc — — 2.008 7.419 7.419 7.419 7.419
London Electricity plc — — 2.231 8.243 8.243 8.243 8.243
Manweb plc — — 1.294 4.781 4.781 4.781 4.781
Midlands Electricity plc — — 2.164 7.996 7.996 7.996 7.996
Northern Electric plc — — 1.182 4.369 4.369 4.369 4.369
NORWEB plc — — 1.874 6.924 6.924 6.924 6.924
SEEBOARD plc — — 1.852 6.842 6.842 6.842 6.842
Southern Electric plc — — 2.767 10.221 10.221 10.221 10.221
South Wales Electricity plc — — 0.781 2.885 2.885 2.885 2.885
South Western Electricity plc — — 1.272 4.699 4.699 4.699 4.699
Yorkshire Electricity Group plc — — 1.830 6.759 6.759 6.759 6.759
In this Table A and in Table F—
(a) “wind generating stations” means generating stations which are driven by wind;
(b) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(c) capacity amounts are expressed in megawatts (MW).

TABLE B
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc 0.021 0.021 1.337 1.419 1.419 1.419 1.419

 East Midlands Electricity plc 0.014 0.014 0.878 0.932 0.932 0.932 0.932

 London Electricity plc 0.015 0.015 0.976 1.036 1.036 1.036 1.036

 Manweb plc 0.009 0.009 0.566 0.601 0.601 0.601 0.601

 Midlands Electricity plc 0.015 0.015 0.946 1.005 1.005 1.005 1.005

 Northern Electric plc 0.008 0.008 0.517 0.549 0.549 0.549 0.549

 NORWEB plc 0.013 0.013 0.820 0.870 0.870 0.870 0.870

 SEEBOARD plc 0.013 0.013 0.810 0.860 0.860 0.860 0.860

 Southern Electric plc 0.019 0.019 1.210 1.284 1.284 1.284 1.284

 South Wales Electricity plc 0.005 0.005 0.341 0.362 0.362 0.362 0.362

 South Western Electricity plc 0.009 0.009 0.556 0.590 0.590 0.590 0.590

 Yorkshire Electricity Group plc 0.013 0.013 0.800 0.849 0.849 0.849 0.849
In this Table B—
(a) “hydro generating stations” means generating stations of a declared net capacity not exceeding 20 megawatts which are driven by any form of water power other than tidal or wave power;
(b) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(c) capacity amounts are expressed in megawatts (MW).

TABLE C
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc 0.417 0.417 5.059 6.430 6.551 6.576 6.576

 East Midlands Electricity plc 0.274 0.274 3.324 4.224 4.304 4.320 4.320

 London Electricity plc 0.305 0.305 3.693 4.693 4.782 4.800 4.800

 Manweb plc 0.177 0.177 2.142 2.722 2.774 2.784 2.784

 Midlands Electricity plc 0.295 0.295 3.582 4.552 4.638 4.656 4.656

 Northern Electric plc 0.161 0.161 1.957 2.487 2.534 2.544 2.544

 NORWEB plc 0.256 0.256 3.102 3.942 4.017 4.032 4.032

 SEEBOARD plc 0.253 0.253 3.065 3.895 3.969 3.984 3.984

 Southern Electric plc 0.378 0.378 4.579 5.819 5.930 5.952 5.952

 South Wales Electricity plc 0.107 0.107 1.292 1.643 1.674 1.680 1.680

 South Western Electricity plc 0.174 0.174 2.105 2.675 2.726 2.736 2.736

 Yorkshire Electricity Group plc 0.250 0.250 3.028 3.848 3.921 3.936 3.936
In this Table C and in Table F—
(a) “landfill gas generating stations” means generating stations which are fuelled by gas derived from landfill sites;
(b) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(c) capacity amounts are expressed in megawatts (MW).

TABLE D
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc — — — 0.795 8.645 35.823 35.823

 East Midlands Electricity plc — — — 0.522 5.679 23.533 23.533

 London Electricity plc — — — 0.580 6.310 26.148 26.148

 Manweb plc — — — 0.336 3.660 15.166 15.166

 Midlands Electricity plc — — — 0.563 6.121 25.364 25.364

 Northern Electric plc — — — 0.307 3.344 13.858 13.858

 NORWEB plc — — — 0.487 5.300 21.964 21.964

 SEEBOARD plc — — — 0.481 5.237 21.703 21.703

 Southern Electric plc — — — 0.719 7.824 32.424 32.424

 South Wales Electricity plc — — — 0.203 2.209 9.152 9.152

 South Western Electricity plc — — — 0.331 3.597 14.904 14.904

 Yorkshire Electricity Group plc — — — 0.476 5.174 21.441 21.441
In this Table D and in Table F—
(a) “municipal and general industrial waste generating stations” means generating stations which are fuelled by municipal or general industrial waste;
(b) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(c) capacity amounts are expressed in megawatts (MW).

TABLE E
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc 0.319 0.319 2.904 3.680 3.680 3.680 3.680

 East Midlands Electricity plc 0.210 0.210 1.908 2.417 2.417 2.417 2.417

 London Electricity plc 0.233 0.233 2.120 2.686 2.686 2.686 2.686

 Manweb plc 0.135 0.135 1.230 1.558 1.558 1.558 1.558

 Midlands Electricity plc 0.226 0.226 2.056 2.605 2.605 2.605 2.605

 Northern Electric plc 0.123 0.123 1.124 1.424 1.424 1.424 1.424

 NORWEB plc 0.196 0.196 1.781 2.256 2.256 2.256 2.256

 SEEBOARD plc 0.193 0.193 1.760 2.229 2.229 2.229 2.229

 Southern Electric plc 0.289 0.289 2.629 3.331 3.331 3.331 3.331

 South Wales Electricity plc 0.082 0.082 0.742 0.940 0.940 0.940 0.940

 South Western Electricity plc 0.133 0.133 1.208 1.531 1.531 1.531 1.531

 Yorkshire Electricity Group plc 0.191 0.191 1.738 2.202 2.202 2.202 2.202
In this Table E and in Table F—
(a) “sewage gas generating stations” means generating stations which are fuelled by gas derived from domestic and other sewage;
(b) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(c) capacity amounts are expressed in megawatts (MW).

TABLE F
Name of supplier Period
1 2 3 4 5 6 7
Eastern Electricity plc — — — 3.857 3.857 3.857 3.857

 East Midlands Electricity plc — — — 2.534 2.534 2.534 2.534

 London Electricity plc — — — 2.815 2.815 2.815 2.815

 Manweb plc — — — 1.633 1.633 1.633 1.633

 Midlands Electricity plc — — — 2.731 2.731 2.731 2.731

 Northern Electric plc — — — 1.492 1.492 1.492 1.492

 NORWEB plc — — — 2.365 2.365 2.365 2.365

 SEEBOARD plc — — — 2.336 2.336 2.336 2.336

 Southern Electric plc — — — 3.491 3.491 3.491 3.491

 South Wales Electricity plc — — — 0.985 0.985 0.985 0.985

 South Western Electricity plc — — — 1.605 1.605 1.605 1.605

 Yorkshire Electricity Group plc — — — 2.308 2.308 2.308 2.308
In this Table F—
(a) “other non-fossil fuel generating stations” means non-fossil fuel generating stations which are not—
(i) wind generating stations;
(ii) hydro generating stations;
(iii) landfill gas generating stations;
(iv) municipal and general industrial waste generating stations;
(v) sewage gas generating stations; or
(vi) fuelled by nuclear fuel;
(b) “hydro generating stations” means generating stations which are driven by any form of water power other than tidal or wave power;
(c) period 1 means 1 January 1992 to 31 March 1992;period 2 means 1 April 1992 to 31 March 1993;period 3 means 1 April 1993 to 31 March 1994;period 4 means 1 April 1994 to 31 March 1995;period 5 means 1 April 1995 to 31 March 1996;period 6 means 1 April 1996 to 31 March 1997;period 7 means 1 April 1997 to 31 December 1998;
(d) capacity amounts are expressed in megawatts (MW).
SCHEDULE 2
Article 3(2)
The requirements referred to in article 3(2)(a) of this Order are—
(1) 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;
(2) that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any public electricity supplier in whose authorised area any relevant non-fossil fuel generating station is to be located to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;
(3) that the operator of any relevant non-fossil fuel generating station or stations has entered into, and there has come into force, an agreement providing for the connection of such station or stations to a system of electric lines and electrical plant operated by a public electricity supplier in whose authorised area any relevant non-fossil fuel generating station is or will be located;
(4) that the operator of any relevant non-fossil fuel generating station 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;
(5) (to the extent that the arrangements relate to a relevant non-fossil fuel generating station whose operator is so required) that the operator of any relevant non-fossil fuel generating station has entered into a pooling and settlement agreement, as required by the licence granted to him under section 6 of the Act, for the purpose of calculating the payments due to or owing by the parties thereto in respect of their production and consumption of electricity;
(6) that there have been satisfactorily completed such procedures and tests as from time to time constitute usual industry standards and practices for commissioning a relevant non-fossil fuel generating station in order to—
(a) demonstrate that the relevant non-fossil fuel generating station is capable of commercial operation for the purpose of the relevant arrangements;
(b) establish the external physical conditions outside the control of the operator which are necessary for the operation of such station or which control the amount of electricity produced by the station; and
(c) establish the operating parameters within which such station can be operated in accordance with practices, methods and procedures which are or should be adopted by a person exercising that degree of judgment, skill, diligence and foresight which would ordinarily and reasonably be expected from a skilled and experienced operator engaged in the business of operating such a station lawfully.

In the above provisions, “the Act” means the Electricity Act 1989.
SCHEDULE 3
Article 3(3)
The events referred to in article 3(3)(a) of this Order are—
(1) the operator of any relevant non-fossil fuel generating station ceasing for any reason to be authorised by a licence or exemption granted under the Act to generate electricity for the purposes of giving a supply to any premises or enabling a supply to be given;
(2) the operator of any relevant non-fossil fuel generating station defaulting in 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 60 days following the date on which the supplier shall have given notice thereof to the operator;
(3) a binding order being made or an effective resolution being passed for the winding up of the operator of any relevant non-fossil fuel generating station (otherwise than for the purposes of reconstruction or amalgamation on terms previously approved in writing by the relevant public electricity supplier (whose approval shall not unreasonably be withheld)) and within 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.

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