50Suspending the accreditation of a relevant power station—interconnected power stations

50 Suspending the accreditation of a relevant power station—interconnected power stations

(1) The ESC may, by written notice, suspend the accreditation of an accredited power station if—

(a) the power station is part of a group of interconnected power stations; and

(b) at any time one or more of the power stations (an excess station) in the group generates electricity utilising its scheme capacity; and

(c) the ESC is satisfied that at the time the excess station generates electricity utilising its scheme capacity (the relevant time), one or more of the power stations (a shortfall station) in the group generates less electricity than it would have generated but for a gaming arrangement; and

(d) the ESC is satisfied that more certificates were able to be created in relation to electricity generated at the relevant time than would have been able to be created but for the gaming arrangement.

(2) The accreditation is suspended for such period (including permanently) as the ESC considers appropriate in all of the circumstances. That period must be specified in the notice.

Any electricity generated by the power station while its accreditation is suspended is to be excluded from all calculations under section 26: see section 26(5).

(3) Two or more power stations form a group of interconnected power stations if—

(a) each power station is able to generate electricity utilising a particular supply (the relevant supply) of an eligible renewable energy source; and

(b) each of the power stations is owned or operated by the same person (whether alone or together with another person).

(4) In deciding whether or not to suspend the accreditation of an accredited power station under subsection (1), the ESC must have regard to—

(a) any relevant information available that demonstrates whether or not the group of interconnected power stations generated less electricity than it would have but for a gaming arrangement; and

(b) any matter specified in the ESC rules for the purposes of this subsection.

(5) The ESC may have regard to such other matters as it thinks appropriate.

(6) In this section—

gaming arrangement means an arrangement to coordinate the amount of electricity generated by each power station in the group of interconnected power stations utilising the relevant supply for the primary purpose of allowing more certificates to be created than would have been able to be created but for the arrangement.