Amendments proposed to the Energy Bill [Lords], As Amended - continued House of Commons

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Objectives of the NDA

   

Mr Andrew Stunell
Norman Baker

NC16

To move the following Clause:—

       'The NDA's objective is to protect the health and safety of people and to protect the environment from the harmful effects of radiation during decommissioning and clean up of those nuclear sites, which come under the NDA's control and oversight.'.


Environmental principles for purposes of Part 1

   

Mr Andrew Stunell
Norman Baker

NC17

To move the following Clause:—

    '(1)   Part 1 of this Act is based upon general environmental principles which must be followed by any person or body in carrying out any of its functions under this Part of this Act.

    (2)   These general principles are—

      (a) that the health and safety of people and the environment must be protected from the harmful effects of nuclear wastes;

      (b) that the costs of pollution must be borne by the person or body responsible for causing the pollution; and

      (c) that international best practice in radiation protection should be implemented.

    (3)   In addition to the above principles, the NDA should also seek to ensure—

      (a) that the creation of nuclear waste should be avoided or minimised;

      (b) that nuclear wastes should be concentrated and contained rather than diluted and dispersed throughout the environment;

      (c) that the most hazardous wastes are prioritised for conditioning to put them into a passively safe state; and

      (d) that there are no unnecessary transports of waste.'.


Annual report on nuclear industry

   

Mr Andrew Stunell
Norman Baker

NC18

To move the following Clause:—

       'The Secretary of State shall publish an annual report on the nuclear industry, setting out the Government's aims and objectives for the industry, together with a comprehensive financial statement, setting out the monies expended, and allocated, by government on the nuclear industry.'.


Renewable heat obligation

   

Mr Andrew Stunell
Norman Baker

NC19

To move the following Clause:—

    '(1)   For the purpose of encouraging the generation of renewable heat in order to reduce carbon dioxide emissions, provide employment in UK agriculture and improve energy security, the Secretary of State may, by order impose on each supplier of fossil heating fuels falling within a specified description (a "designated heating fuel supplier") an obligation to do what is set out in subsection (3).

    (2)   The descriptions of heat supplier upon which an order may impose the renewable heat obligation are those supplying fossil heating fuels—

      (a) in Great Britain;

      (b) in England and Wales; or

      (c) in Scotland,

       excluding such categories of supplier (if any) as are specified.

    (3)   Subject to the provisions of this section the renewable heat obligation is that the designated heating fuel supplier must, before a specified day (or before each of several specified days, or before a specified day in each year), produce to the Authority evidence of a specified kind showing—

      (a) that it has supplied to customers in Great Britain during a specified period such amount of heat generated by using renewable heat sources as is specified in relation to such a supplier; or

      (b) that another heating fuel supplier has done so (or that two or more others have done so); or

      (c) that, between them, they have done so.

    (4)   If the order applies only to fossil heating fuels suppliers in part of Great Britain, it may specify that the only heat supplied which counts towards discharging the renewable heat obligation is heat supplied to customers in that part of Great Britain.

    (5)   Evidence of the supply of renewable heat may not be produced more than once in relation to the same heat.

    (6)   In the case of heat generated partly by renewable sources and partly by fossil fuel, only the proportion attributable to the renewable sources can count towards discharging the renewable heat obligation.

    (7)   Before making an order, the Secretary of State must consult—

      (a) the Authority;

      (b) the Council;

      (c) the fossil heating fuels suppliers to whom the proposed order would apply;

      (d) the generators of heat from renewable sources; and

      (e) such other persons, if any, as he considers appropriate.

    (8)   In this section—

        "fossil heating fuels" means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products sold for the purposes of generating heat energy;

        "natural gas" and "petroleum products" have the same meanings as in the Energy Act 1976;

        "renewable heat sources" means metered sources of heat energy other than fossil fuel or nuclear fuel, but includes biodegradable waste;

        "specified" means specified in the order.

    (9)   An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

    (10)   The order may provide for the Authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate to the operator of a renewable heat installation or to a renewable heat supplier.

    (11)   A certificate is to certify—

      (a) that the operator of a renewable heat installation or in the case of a renewable heat supplier, a renewable heat installation specified in the certificate, has generated from renewable sources the amount of heat stated in the certificate; and

      (b) that it has been supplied to customers in Great Britain (or the part of Great Britain stated in the certificate).

    (12)   If a heat supplier produces a certificate to the Authority, it is to count for the purposes of subsection (3) as sufficient evidence of the facts certified.

    (13)   The order may provide that instead of producing evidence under subsection (3), an electricity supplier may discharge (in whole or in part) its renewable obligation (or its obligation in relation to a particular period) by making a payment to the Authority.

    (14)   The order may make provision—

      (a) as to the sum which for the purposes of subsection (12) is to correspond to the supply of a given amount of heat;

      (b) for different such sums in relation to different periods;

      (c) for different such sums in relation to heat generated in different ways specified in the order and

      (d) for any such sum to be adjusted from time to time for inflation by a method specified in the order (which may refer to a specified scale or index or to other specified data of any description, including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards).

    (15)   The Authority must pay the amounts received to renewable heat suppliers in accordance with a system of allocation specified in the order.

    (16)   The system of allocation specified in the order may provide for payments to specified categories of renewable heat supplier only.'.


Electricity to be exempted when determining electricity supplied

   

Mr Laurence Robertson
Miss Anne McIntosh
Mr Robert Key
Mr Richard Page
Mr David Ruffley

NC20

*To move the following Clause:—

        'In section 32A of the 1989 Act, after subsection (1)(h), insert—

            "(i)   that electricity generated by a generating station producing a heating or cooling effect in association with electricity shall not count towards the amount of electricity supplied by an electricity supplier that is subject to the obligation.".'.


Further amendment of the 1989 Act relating to combined heat and power

   

Mr Laurence Robertson
Miss Anne McIntosh
Mr Robert Key
Mr Richard Page
Mr David Ruffley

NC21

*To move the following Clause:—

        'In section 32A of the 1989 Act, after subsection (1), insert—

            "(1A)   For the purpose of securing that the amount of electricity generated under the obligation is not reduced by the exercise of powers contained in subsection (1)(i), the Secretary shall have the additional power to vary an order under section 32 so as to vary the obligation requirement, based on either the previous calendar year's production of electricity generated by the combined heat and power process or else by his estimate of that which will be produced by the same process in the current year.".'.


   

Mr Andrew Stunell
Norman Baker

27

Page     3,     line     11     [Clause     3],     after 'operation', insert 'but only when'.

   

Mr Andrew Stunell
Norman Baker

26

Page     3,     line     31     [Clause     3],     leave out subsection (4) and insert—

    '(4)   The Secretary of State must satisfy himself on an annual basis that any person with control of a nuclear installation who is not—

      (a) a Crown appointee;

      (b) the UKAEA;

      (c) a wholly-owned subsidiary of the UKAEA;

      (d) any other publicly owned company which was so owned on 4th July 2002;

      (e) a wholly owned subsidiary of such a company; or

      (f) the NDA itself,

       is taking the necessary steps to ensure that decommissioning work and liabilities will be fully funded through the establishment and maintenance of a fully segregated fund for that purpose and that an appropriate contribution is made to the funding of the designated long-term nuclear waste management body.'.

   

Mr Andrew Stunell
Norman Baker

41

Page     3,     line     38     [Clause     3],     at end insert—

    '(4A)   The provisions of subsection (4)(e) above shall only be exercised in respect of British Energy following bankruptcy of that company.'.

 
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