Energy Bill

Page 11, line 7, at end insert—

“(d)   conferring on the Secretary of State further powers to require
operators of generating stations which use woody biomass fuel to
provide a fuel supply strategy for approval by Ministers.”

Page 12, line 7, leave out subsection (4)

Page 12, line 14, at end insert—

“( )   The powers of the Secretary of State under this section must be exercised
with a view to ensuring that, within six months of commencement of this
section, an order is in force making provision pursuant to subsections (1)(c)
and (4)(a) and (c) for targets relating to the contribution to be made by
generating stations located outside the United Kingdom to electricity
supply in the United Kingdom.”

Page 26, line 40, at end insert—

“( )   The Secretary of State must by regulations make provisions for ensuring
that there is a route to market for independent electricity generators
employing renewable power technologies.”

Page 27, line 40, leave out from “by” to end of line 2 on page 28 and insert “means
of a power purchase agreement scheme.

(3)   For the purposes of this section and section (Power purchase agreement
scheme: regulations)—

(a)   a power purchase agreement scheme is a scheme established by
supply licence conditions and regulations under section (Power
purchase agreement scheme: regulations) for promoting the availability
to electricity generators of power purchase agreements, and

(b)   “power purchase agreement” means an arrangement under which
a licensed supplier agrees to purchase electricity generated by an
electricity generator.

For this purpose, “supply licence condition” means any condition,
document or agreement of a kind mentioned in subsection (1).

(4)   Provision that may be made under subsection (1) in relation to a power
purchase agreement scheme includes provision—

16

(a)   as to the eligibility of an electricity generator to enter into a power
17purchase agreement under the scheme;

(b)   as to the terms of any power purchase agreement to be entered into
under the scheme, including provision—

(i)   for determining the price at which electricity is to be
purchased under the agreement;

(ii)   as to the duration of any such agreement;

(c)   as to the circumstances in which a licensed supplier is or may be
required or permitted to enter, or offer to enter, into a power
purchase agreement under the scheme;

(d)   for the provision of information in connection with the scheme.

(5)   Provision within subsection (4)(c) includes provision for determining
which licensed supplier or suppliers is or are to be required or permitted to
enter, or offer to enter, into a power purchase agreement with an electricity
generator in any particular case.

(6)   Such provision may in particular include provision for the licensed
supplier or suppliers in question to be determined—

(a)   by a process involving a determination or determinations by one or
more of the following—

(i)   the Secretary of State;

(ii)   the Authority;

(iii)   the electricity generator;

38

(b)   by auction or other competitive process;

and provision that may be made by virtue of paragraph includes
provision as to the circumstances in which a licensed supplier is or may be
required or permitted to participate in an auction or other process.

(7)   For the purposes of this section and section (Power purchase agreement
scheme: regulations), “licensed supplier” means the holder of a licence under
section 6(1)(d) of EA 1989.”

Leave out lines 16 and 17 and insert—

“(a)   as to the eligibility of an electricity generator to enter the power
purchase agreement scheme that establishes its entitlement to a
power purchase agreement under the scheme for the duration of its
CfD contract;”

Line 38, at beginning insert “by reference to current market prices or”

Insert the following new Clause—

“Power purchase agreement scheme: regulations

(1)   The Secretary of State may by regulations make provision, in connection
with any modifications made under section 44, for or in connection with a
power purchase agreement scheme.

(2)   Any such regulations may in particular—

(a)   make provision for apportioning amongst licensed suppliers, or
any of them, all or any part of the value of any or all of the costs or
benefits of any licensed supplier in connection with the scheme;

(b)   confer functions on the Secretary of State or the Authority (which
may include provision for directions to be given to the Authority by
the Secretary of State);

(c)   make provision for the delegation of functions conferred on the
Secretary of State or the Authority by the regulations or by virtue of
section 44;

(d)   include provision for obligations imposed by the regulations on
licensed suppliers to be enforceable by the Authority as if they were
relevant requirements on a regulated person for the purposes of
section 25 of EA 1989;

(e)   make provision about the provision of information in connection
with the scheme.

(3)   Provision that may be included in regulations under this section by virtue
of subsection (2)(a) includes, in particular, provision—

(a)   for requiring licensed suppliers to pay a levy to the Authority at
specified times;

(b)   specifying how such a levy is to be calculated;

(c)   conferring an entitlement on a licensed supplier to receive a
payment from the Authority.

(4)   Provision which may be included in regulations by virtue of subsection (3)
includes provision for the Secretary of State or the Authority to determine
what is to be taken into account as a cost or benefit of any licensed supplier
in connection with the scheme and its value.

“(5)   Regulations under this section may—

(a)   include incidental, supplementary and consequential provision;

(b)   make transitory or transitional provision or savings;

(c)   make different provision for different cases or circumstances or for
different purposes;

(d)   make provision subject to exceptions.

(6)   Before making any regulations under this section, the Secretary of State
must consult—

(a)   licensed suppliers,

(b)   the Authority, and

(c)   such other persons as the Secretary of State considers it appropriate
to consult.

(7)   Subsection (6) may be satisified by consultation before, as well as by
consultation after, the passing of this Act.

(8)   Regulations under this section must be made by statutory instrument.

(9)   An instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.”

Insert the following new Clause—

“Power purchase agreement scheme: disclosure of information

In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
information)—

(a)   in subsection (1)(a), after “2010” insert “or section 44 or (Power
purchase agreement scheme: regulations) of the Energy Act 2013”;

(b)   in subsection (3)(a), after “2010” insert “, sections 44 to (Power
purchase agreement scheme: regulations) of the Energy Act 2013”.”

Insert the following new Clause—

“Principal objective and general duties: power purchase agreement scheme

Sections 3A to 3D of EA 1989 (principal objective and general duties) apply
in relation to functions of the Secretary of State or the Authority conferred
by or by virtue of section or (Power purchase agreement scheme:
regulations), or section so far as it relates to a power purchase agreement
scheme, as they apply in relation to functions under Part 1 of that Act.”

4445

Page 28, line 23, at end insert “for the purposes of replacing the arrangements in
effect under a renewables obligation order, and shall exercise their powers in a
manner that is best calculated to replicate the effect of such arrangements on the
accreditation status and renewable obligation certificate banding provision of, and
value derived from renewable obligation certificates by, accredited generating
stations”

Page 30, line 21, at end insert—

“(p)   provision made under subsection (2)(j) must be in place for
36 months following commencement of section 2 of this
Act”

Page 33, line 43, leave out “” and insert “”

a the

Page 33, line 45, leave out “a” and insert “the”

Page 40, leave out lines 29 to 36

Page 53, line 22, leave out “or (4)” and insert “, (4) or (6A)”

Insert the following new Clause—

“Domestic microhydro power

(1)   Domestically based microhydro power shall be exempt from non-domestic
rates.

(2)   For the purposes of the section “domestically based microhydro power” is
a single plant located within the curtelege of an owner or owner’s
residential property with a plant capacity of up to and including 1250 kW.”

Insert the following new Clause—

“Reduction of landfilling of organic waste

The Secretary of State must, as soon as reasonably practicable, set out a plan
and timeframe for the reduction and eventual elimination of landfilling of
organic waste in order to make it available for 100% renewable energy
generation, and other appropriate uses consistent with the waste hierarchy
as defined in the Waste (England and Wales) Regulations 2011.”

Insert the following new Clause—

“Energy storage systems

The Secretary of State must—

(a)   set out a plan to support the development of storage systems for
electricity that is generated from renewable sources,

(b)   put in place pilot schemes to store renewable energy and reduce the
problem associated with intermittency of supply,

(c)   set targets in relation to the provision of renewable energy storage
capacity, and

(d)   set out progress made on these issues in the form of a report, which
must be laid before Parliament.”

Page 108, line 20, at end insert—

“( )   Part 1 (decarbonisation);”

Page 108, line 30, at end insert—

“( )   Section (Fuel poverty) extends to England and Wales only.”

Page 109, line 18, at end insert—

“( )   section (Feed-in tariffs: increase in maximum capacity of plant) (feed-in
tariffs: increase in maximum capacity of plant);”

Page 109, line 18, at end insert—

“( )   section (Fuel poverty) (fuel poverty);”