Q&As

What constitutes ‘the premises’ within the meaning of Ofgem’s guidance on the term ‘generating station’, as set out in the document ‘Guidance for generators that receive or would like to receive support under the Renewables Obligation (RO) scheme’?

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Published on LexisPSL on 13/12/2017

The following Energy Q&A provides comprehensive and up to date legal information covering:

  • What constitutes ‘the premises’ within the meaning of Ofgem’s guidance on the term ‘generating station’, as set out in the document ‘Guidance for generators that receive or would like to receive support under the Renewables Obligation (RO) scheme’?

What constitutes ‘the premises’ within the meaning of Ofgem’s guidance on the term ‘generating station’, as set out in the document ‘Guidance for generators that receive or would like to receive support under the Renewables Obligation (RO) scheme’?

In answering this Q&A research has been focused on:

  1. Ofgem’s ‘Guidance for generators that receive or would like to receive support under the Renewables Obligation (RO) scheme’, dated 13 March 2017 (Ofgem Generator guidance),

  2. the Renewables Obligation Order 2015 (ROO), SI 2015/1947

  3. the Electricity Act 1989 (EA 1989)

  4. the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001, SI 2001/3270 (Class Exemptions Regulations)

It has been assumed this Q&A does not relate to a hydro generating station or offshore generation facility, given that specific additional factors would apply when considering these types of generating station.

As identified, in the absence of a definition of ‘generating station’ in the ROO, SI 2015/1947 (other than in the context of hydro, specifically), the Ofgem Generator guidance provides guidance (at paragraphs 2.12–2.23) on Ofgem’s interpretation of this term. However, the non-statutory nature of this guidance together with the wide set of factors that Ofgem state they consider, mean that where the practical position is not clear cut it will always be difficult to give a definitive view without Ofgem having confirmed their position on the specific scenario. Therefore, the remainder of

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