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Public Bill Committee: 6th March 2008                  

159

 

Energy Bill, continued

 
 

“36C  

Generating stations: carbon dioxide emissions performance standard

 

(1)    

The Secretary of State may by regulation prescribe a carbon dioxide

 

emission performance standard applying to any generating stations

 

requiring consent for construction or extension under section 36.

 

(2)    

Regulations under this section must prescribe a carbon dioxide emission

 

performance standard that is in no case greater than 400 kilograms of

 

carbon dioxide per megawatt hour of electricity generated at any

 

individual generating station.

 

(3)    

Regulations under this section may prescribe—

 

(a)    

the ways in which proposed generating stations are able to

 

demonstrate compliance with the carbon dioxide emission

 

performance standard including by way of carbon capture and

 

storage;

 

(b)    

the information that must be submitted with an application under

 

section 36 to demonstrate compliance with the carbon dioxide

 

emission performance standard;

 

(c)    

how compliance by generating stations that have demonstrated

 

compliance with the prescribed performance standard and are

 

granted consent under section 36 shall be monitored and

 

enforced, including appointing and conferring powers on an

 

appropriate agency to carry out such monitoring and

 

enforcement;

 

(d)    

any sources of electricity generation that are deemed to be

 

compliant with the carbon dioxide emission performance

 

standard including electricity generated from renewable sources.

 

(4)    

The Secretary of State shall not grant a consent under section 36 for any

 

generating station that does not comply with any prescribed standard.

 

(5)    

Before making regulations under this section (including setting the level

 

of performance standard), the Secretary of State shall consult—

 

(a)    

electricity generators;

 

(b)    

the Gas and Electricity Markets Authority;

 

(c)    

the Gas and Electricity Consumer Council;

 

(d)    

the Environment Agency with regard to England and Wales;

 

(e)    

the Scottish Environmental Protection Agency with regard to

 

Scotland;

 

(f)    

other persons or bodies representing the interests of the

 

electricity industry, local government and the environment, and

 

(g)    

any other persons or bodies as he may consider appropriate.

 

(6)    

The Secretary of State must make regulations under this section no later

 

than 12 months from the date on which this Act is passed.

 

(7)    

Any regulations under this section shall not be made unless a draft at the

 

instrument containing it has been laid before, and approved by a

 

resolution of, each House of Parliament.

 

(8)    

In this section—

 

“carbon dioxide emission performance standard” means a standard

 

prescribed by regulation setting the maximum amount of carbon dioxide

 

that may be emitted from a generating station.”’.

 

Member’s explanatory statement

 

This Amendment gives the Secretary of State an enabling power to introduce a performance


 
 

Public Bill Committee: 6th March 2008                  

160

 

Energy Bill, continued

 
 

standard that sets the maximum amount of carbon dioxide emissions from individual electricity

 

generating stations. The standard would apply to any generating stations requiring consent for

 

construction or extension under section 36 of the Electricity Act 1989.

 


 

Notices

 

John Robertson

 

NC19

 

To move the following Clause:—

 

‘(1)    

Section 31 of the Petroleum Act 1998 (c. 17) (section 29 notices: supplementary

 

provisions) is amended as follows.

 

(2)    

After subsection (2) insert—

 

“(2A)    

Subject to subsection (3), the Secretary of State shall not give a notice

 

under section 29(1) in relation to an offshore installation to a person

 

within paragraph (b) or (c) of section 30(1) unless the person owns or has

 

owned any interest in the offshore installation.”’.

 


 

Implementation of new metering arrangements

 

Steve Webb

 

Martin Horwood

 

NC20

 

To move the following Clause:—

 

‘(1)    

The relevant licensees for the purposes of this Part are—

 

(a)    

gas suppliers and gas transporters within the meaning of Part 1 of the Gas

 

Act 1986 (c. 44); and

 

(b)    

electricity suppliers and electricity distributors within the meaning of

 

Part 1 of the Electricity Act 1989 (c. 29).

 

(2)    

The effective date for the purposes of this Part is the date which is 10 years after

 

the date on which section 79 comes into force.

 

(3)    

Expressions used in this Part have the same meaning as in Part 1 of the Gas Act

 

1986 or Part 1 of the Electricity Act 1989.

 

(4)    

As from the effective date, a relevant licensee must not supply gas or electricity

 

to any premises that is not subject to the provisions of this section.

 

(5)    

The Secretary of State may exempt any relevant licensee from the prohibition

 

imposed by subsection (4) in relation to such premises, for such period of time,

 

and subject to such conditions as he considers appropriate in all the circumstances

 

of the case.

 

(6)    

References in this Part to new metering arrangements are to arrangements

 

(including the provision and operation of any necessary communications and

 

data-handling infrastructure) designed to ensure that, by the effective date, all

 

premises supplied with gas or electricity in Great Britain will continue to be so

 

supplied through a meter that conforms to the following three requirements—


 
 

Public Bill Committee: 6th March 2008                  

161

 

Energy Bill, continued

 
 

(a)    

that the meter must record and be able to store measured consumption

 

data for multiple time periods;

 

(b)    

that the meter, either on its own or with an ancillary device, must

 

facilitate remote access to such data; and

 

(c)    

that the meter must meet any specifications that may be set out in any

 

regulations made by the Secretary of State under this Part, pursuant to his

 

duties under Part 1 of the Gas Act 1986 and Part 1 of the Electricity Act

 

1989, for the purposes of facilitating the introduction of new metering

 

arrangements.

 

(7)    

This section may not be brought into force before 1st January 2010.

 

(8)    

The Secretary of State may, in accordance with this section, modify—

 

(a)    

the conditions of a particular licence held under section 7(1) or 7A(1) or

 

(2) of the Gas Act 1986 or under section 6(1) of the Electricity Act 1989;

 

(b)    

the standard conditions of licences of any type mentioned in those

 

subsections

 

    

if he considers it necessary or expedient to do so for the purpose of securing the

 

implementation of the provisions of this section.

 

(9)    

The power to make modifications under paragraph (a) or (b) of subsection (8)

 

includes powers—

 

(a)    

to make modifications requiring licence holders, or classes of licence

 

holder, to cooperate together, under arrangements approved by the

 

Authority;

 

(b)    

to make modifications requiring any relevant licensee to take or refrain

 

from taking any specified action, whether in relation to premises supplied

 

with gas or electricity or otherwise;

 

(c)    

to make modifications relating to the operation of, access to, or use of

 

pipe-line systems and distribution systems; and

 

(d)    

to make incidental, consequential, or transitional modifications.

 

(10)    

Before making modifications under this section, the Secretary of State must

 

consult the Authority, the holder of any licence being modified, and such other

 

persons as he considers appropriate.

 

(11)    

Subsection (10) may be satisfied by consultation undertaken before, as well as by

 

consultation undertaken after, the commencement of this section.

 

(12)    

Any modification under subsection (8)(b) of part of a standard condition of a

 

licence shall not prevent any other part of the condition from continuing to be

 

regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or

 

Part 1 of the Electricity Act 1989.

 

(13)    

Where the Secretary of State modifies the standard conditions of licences of any

 

type under subsection (8)(b), the Authority must make the same modifications of

 

those standard conditions for the purposes of their incorporation into licences of

 

that type granted after that time.

 

(14)    

The Secretary of State must publish any modifications under this section in such

 

manner as he considers appropriate.

 

(15)    

The power of the Secretary of State under this section may not be exercised after

 

the end of the period of five years beginning with the passing of this Act.’.

 



 
 

Public Bill Committee: 6th March 2008                  

162

 

Energy Bill, continued

 
 

Reports on meters

 

Paddy Tipping

 

Dr Alan Whitehead

 

Dr Brian Iddon

 

NC21

 

To move the following Clause:—

 

‘The Secretary of State shall, in each calendar year following that in which this

 

Act is passed, lay before Parliament a report on—

 

(a)    

the number of smart meters that have been installed in that period,

 

including their effect on reducing carbon emissions and fuel bills;

 

(b)    

the discussions he has held with energy supply companies about—

 

(i)    

pre-payment meters,

 

(ii)    

the number of such meters in use, and

 

(iii)    

their tariffs;

 

(c)    

the progress that has been made in reducing carbon emissions through—

 

(i)    

increased use of renewable generation, and

 

(ii)    

energy conservation measures in households;

 

(d)    

the discussions he has held with energy supply companies about the

 

impact of pre-payment meters and their tariffs.’.

 


 

Nuclear skills

 

Charles Hendry

 

Mr John Baron

 

NC22

 

To move the following Clause:—

 

‘The Secretary of State shall, in each calendar year following that in which this

 

Act is passed, lay before Parliament a report on—

 

(a)    

his assessment of the skills base with regard to—

 

(i)    

nuclear science,

 

(ii)    

the decommissioning of nuclear plants, and

 

(iii)    

the disposal of nuclear waste;

 

(b)    

his proposals for developing that skills based to meet anticipated need.’.

 


 

Nuclear Decommissioning Authority Funding

 

Steve Webb

 

Martin Horwood

 

NC23

 

To move the following Clause:—


 
 

Public Bill Committee: 6th March 2008                  

163

 

Energy Bill, continued

 
 

‘(1)    

Section 22 of the Energy Act 2004 (expenditure and receipts of NDA) is amended

 

as follows.

 

(2)    

After subsection (5) insert—

 

“(6)    

The Secretary of State may make regulations to include the value of grant

 

payments made by him to the NDA under this section in ‘funded

 

decommissioning programmes’, as defined in section 41 of the Energy

 

Act 2008.”’.

 


 

Nuclear Installations Inspectorate

 

Charles Hendry

 

Mr John Baron

 

NC24

 

To move the following Clause:—

 

‘The Secretary of State shall, in each calendar year following that in which this

 

Act is passed, lay before Parliament a report on—

 

(a)    

his assessment of the appropriate levels of staff and resources in the

 

Nuclear Installations Inspectorate,

 

(b)    

the progress that has been made towards reaching that target, and

 

(c)    

the effect on progress towards approval of new nuclear reactors.’.

 


 

Energy usage in homes and businesses

 

Charles Hendry

 

Mr John Baron

 

NC25

 

To move the following Clause:—

 

‘The Secretary of State shall, in each calendar year following that in which this

 

Act is passed, lay before Parliament a report on—

 

(a)    

total energy consumption in domestic housing,

 

(b)    

total energy consumption by businesses, and

 

(c)    

the impact of government measures to assist energy efficiency.’.

 


 

Malcolm Wicks

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 


 
 

Public Bill Committee: 6th March 2008                  

164

 

Energy Bill, continued

 
 

Order of the House [22nd January 2008]

 

That the following provisions shall apply to the Energy Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on 11th March 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [5th February 2008]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

5th February) meet—

 

(a)  

at 4.00 p.m. on Tuesday 5th February;

 

(b)  

at 10.30 a.m. on Tuesday 19th February;

 

(c)  

at 9.00 a.m. and 1.00 p.m. on Thursday 21st February;

 

(d)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 26th February;

 

(e)  

at 9.00 a.m. and 1.00 p.m. on Thursday 28th February;

 

(f)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 4th March;

 

(g)  

at 9.00 a.m. and 1.00 p.m. on Thursday 6th March;

 

(h)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 11th March;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 5th February

Until no later than 12 noon

The Confederation of British

 
   

Industry (CBI); Trades Union

 
   

Congress; EEF

 
 

Tuesday 5th February

Until no later than 1.00 p.m.

Scottish and Southern Energy plc;

 
   

E.On UK plc; EDF Energy plc;

 
   

Centrica plc; Scottish Power plc;

 
   

RWE npower plc

 
 

Tuesday 5th February

Until no later than 5.00 p.m.

National Grid plc; Energy

 
   

Networks Assocation; The Gas

 
   

and Electricity Markets Authority;

 
   

energywatch

 
 

Tuesday 5th February

Until no later than 6.00 p.m.

British Energy; Nuclear Industry

 
   

Association; Nuclear Installations

 
   

Inspectorate; Nuclear

 
   

Decommissioning Authority

 
 

Tuesday 5th February

Until no later than 7.00 p.m.

Mr Tom Burke; Greenpeace Ltd;

 
   

Friends of the Earth; Green

 
   

Alliance

 
 

Tuesday 19th February

Until no later than 11.20 a.m.

Renewable Energy Association;

 
   

British Wind Energy Association;

 
   

Sustainable Development

 
   

Commission

 
 

Tuesday 19th February

Until no later than 12.00 noon

Carbon Capture & Storage

 
   

Association; The United Kingdom

 
   

Offshore oil and Gas Industry

 
   

Association Ltd; SGBI Gas

 
   

Storage Operators Group

 
 

Tuesday 19th February

Until no later than 1.00 p.m.

Department of Business,

 
   

Enterprise and Regulatory Reform

 

 
 

Public Bill Committee: 6th March 2008                  

165

 

Energy Bill, continued

 
 

(3)  

the proceedings shall be taken in the following order: Clauses 1 to 35;

 

Schedule 1; Clauses 36 to 40; Schedule 2; Clauses 41 to 72; Schedule 3;

 

Clauses 73 to 91; Schedule 4; Clause 92; Schedule 5; Clauses 93 to 97; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 p.m. on Tuesday 11th March.

 


 
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