S.I. No. 309/1999 - Electricity Regulation Act, 1999 (Criteria For Determination of Authorisations) Order, 1999

I, MARY O'ROURKE, Minister for Public Enterprise, in exercise of the powers conferred on me by section 18 (1) of the Electricity Regulation Act, 1999 (No. 23 of 1999), hereby make the following Order:

1. This Order may be cited as the Electricity Regulation Act, 1999 (Criteria for Determination of Authorisations) Order, 1999.

2. An application for an authorisation may be determined by the Commission for Electricity Regulation in accordance with the following criteria:

(a) that the Commission is satisfied that, if it grants the authorisation, no activity carried out under it will adversely affect the safety and security of the electricity system;

(b) that the Commission is satisfied that, if it grants the authorisation, energy will be used efficiently in the course of any activities carried out under the authorisation;

(c) that the Commission is satisfied that the applicant will comply with any grid code or distribution code in so far as it is applicable to the applicant and, at the relevant times, will have the capability of doing so;

(d) that the Commission is satisfied that the applicant has commenced or will at the appropriate time commence, to apply for all applicable statutory consents related to the matters referred to in section 18 (2) of the Electricity Regulation Act, 1999 , necessary for the construction of the plant to which the application relates;

(e) that the Commission is satisfied that the generating station to which the application relates will be constructed and commissioned within a period which the Commission shall specify in relation to each application;

(f) that the Commission is satisfied that the generating station to which the application relates will be capable of providing an appropriate level of ancillary services being the services necessary to ensure the stable and secure operation of the electricity system, including the provision of spinning reserve, reactive power, frequency control or black start capability, as specified by the Commission in the authorisation;

(g) that the Commission is satisfied that the generating station to which the application relates will be capable of generating electricity for any minimum continuous period which is specified by the Commission in the authorisation using a primary fuel source of a nature other than that proposed to be used predominantly;

(h) that the Commission is satisfied that the applicant is a fit and proper person to be granted an authorisation and has the financial capacity and technical skills to carry out the activities to which the application relates and to comply with the authorisation, if granted;

(i) that the Commission is satisfied that the applicant will be capable of complying with any order made by the Minister under section 39 of the Electricity Regulation Act, 1999 .

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order sets out the criteria in accordance with which an application for an authorisation to construct or reconstruct a generating station may be determined by the Commission for Electricity Regulation.