17ESC to decide certain matters

17 ESC to decide certain matters

(1) If the ESC receives an application that is properly made under section 15, the ESC must—

(a) decide, in accordance with the ESC rules, which components of the system are to be taken to be a relevant power station for the purposes of this Act; and

(b) decide whether the relevant power station is eligible for accreditation.

A decision under subsection (1)(a) may be varied: see Division 10.

(2) If—

(a) the ESC gave a person a notice under section 13(1) in relation to the relevant power station; and

(b) the ESC is satisfied that the components specified in the application under section 15 are not materially different from the provisional components specified under section 13(1)—

the ESC must decide, under subsection (1)(a) of this section, that the components specified in the application under section 15 are taken to be a relevant power station for the purposes of this Act.

(3) A relevant power station is eligible for accreditation if—

(a) some or all of the electricity generated by the relevant power station is generated from an eligible renewable energy source; and

(b) the relevant power station satisfies any requirements specified in the ESC rules.

(4) However, a relevant power station is not eligible for accreditation if the ESC is satisfied that a previous decision under subsection (1)(a) should be varied to include the components of the system specified in the application for accreditation.

(5) If the ESC decides that the relevant power station is eligible for accreditation, the ESC must also specify in its decision—

(a) in accordance with subsection (6), the pre-scheme capacity (if any) of the relevant power station; and

(b) in accordance with subsection (7), the scheme capacity of the relevant power station; and

(c) any energy sources used by the relevant power station that are not eligible renewable energy sources.

(6) The ESC must, in accordance with the ESC rules, specify that part of the power station's capacity (if any) that has been utilised to generate electricity on a commercial basis before 1 January 2007.

(7) The ESC must, in accordance with the ESC rules, specify how much of the power station's capacity to generate electricity, measured in MW, is in excess of the power station's pre-scheme capacity.

(8) To avoid doubt—

(a) the ESC rules may provide that a relevant power station includes components that are integral to the operation of the relevant power station or to the generation of electricity by the relevant power station; and