Published Date: 07 Jul 2022

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    Electricity & Gas

Electricity Generation Authorisations and Licences – Updates to SIs 383 and 384

Sections 14(1A to 1D) and 16(3A to 3D) of the Electricity Regulation Act 1999 (as amended) allow that the CRU may provide for the licensing and authorisation of certain classes of generating station by order, can amend or revoke such orders, and must provide appropriate notice of the intention to make such orders, including draft text for the orders.

Currently, Statutory Instruments (SIs) 383 and 384 of 2008 define two such classes of smaller generating station:

  • generators not exceeding 1 MW, where no application to the CRU is required, and
  • generators not exceeding 10 MW where an application is required to stand authorised and licensed under these Orders.

Directive (EU) 2018/2001 (the ‘Renewable Energy Directive’) and Directive (EU) 2019/944 (the ‘Internal Market in Electricity Directive’) require Regulatory Authorities to ensure that the authorisation process for small generators is proportionate to their size and impact. In line with this, the CRU is changing the process for generators greater than 1 MW and not exceeding 10 MW in capacity to obtain an Authorisation to Construct and/or a Licence to Generate. These generators will be required to provide a notification to the CRU of their intention to construct/operate a generating station, and that upon receipt of an acknowledgement from the CRU confirming the validity of said notification, the generators will stand duly authorised/licenced without further assessment.

The purpose of this Information Paper is to provide notice of the CRU’s intention to revoke and replace SIs 383 and 384 of 2008, and to provide the draft text of the replacements for stakeholders

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