S.I. No. 284/2008 - Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008

1. This Order may be cited as the

Electricity Regulation Act 1999

(Public Service Obligations) (Amendment) Order 2008.

Interpretation

2. In this Order “Principal Order” means the

Electricity Regulation Act 1999

(Public Service Obligations) Order 2002 (

S.I. No. 217 of 2002

).

3. (1) Article 2(1) of the Principal Order is amended—

(

a

) by inserting the following after the definition of “Generation Contracts Notification”

“ ‘generator’ means a person who is the holder of a licence to generate electricity under section 14 (1)(

a

) of the Act;”

(

b

) by inserting the following after the definition of “public service obligations levy”

“ ‘REFIT Contracts Notification’ means the correspondence referred to in paragraph 1 of EU Commission Decision Reference C(2007) 4317 final dated 25 November 2007 relating to a notification to the EU Commission (Reference No. N571/2006-Ireland) pursuant to Article 88 of the Treaty;

‘REFIT power purchase agreement’ means a power purchase agreement made between a supplier and a generator being an agreement specified in Schedule 3 and which has been accepted by the Minister for the purposes of the Renewable Energy Feed in Tariff programme 2006;”.

4. Article 2 of the Principal Order is amended by inserting the following paragraph after paragraph (3B)

“(3C) (

a

) For the purposes of Article 8(1) (be) and Article 10(1) (

a

) ‘additional costs’ includes costs incurred by a supplier in complying with its obligations under Article 6D either before or after the coming into operation of this paragraph and which are not otherwise recovered.

(

b

) Nothing in subparagraph (

a

) shall entitle a supplier to recover additional costs unless those costs are in accordance with the method for determination of costs provided for in the REFIT Contracts Notification and this Order.”.

5. The Principal Order is amended by the substitution for Article 3 of the following Article

“3. The Commission for Energy Regulation is directed to impose public service obligations—

(

a

) on the Board, to the extent that by virtue of this Order the obligations are to be imposed on the Board, and

(

b

) on suppliers, to the extent that by virtue of this Order the obligations are to be imposed on such suppliers,

in the terms set out in this Order.”.

6. The Principal Order is amended in Article 4 by the insertion after paragraph (1F) of the following

“(1G) The period of the public service obligations to be imposed pursuant to Article 6D commences, as respects a particular REFIT power purchase agreement, on the commercial operation date applicable to the REFIT power purchase agreement concerned, but such date shall not be later than 31 December 2010.”.

6D. (1) There shall be imposed by the Commission on each supplier specified in column (3) of Schedule 3 a requirement that pursuant to the REFIT power purchase agreement specified at that reference number, such supplier have available to it and purchase the electricity generated by the generation plant specified at that reference number in column (5), by the generator specified at that reference number in column (4), which electricity shall be generated from the energy source specified at that reference number in column (6) and which electricity is the subject of the REFIT power purchase agreement concerned.

(2) The obligation imposed pursuant to paragraph (1) shall not as respects a supplier referred to in column (3) require that supplier to have available to it and purchase the electricity concerned—

(

a

) for a period in excess of 15 years;

(

b

) after 31 December 2025; or

(

c

) after the termination of the REFIT power purchase agreement concerned by the person specified in column (4) at that reference number in accordance with the terms of that agreement which shall be in conformity with the REFIT Contracts Notification.

(3) A reference in this Article to a column is a reference to a column of the Table in Schedule 3.”.

7. The Principal Order is amended by inserting the following Article after Article 6C

“Public service obligation for REFIT contracts

8. Article 7 of the Principal Order is amended—

(

a

) in paragraph (3) by the substitution of “Subject to paragraph (4), the PSO Levy imposed by this Order” for “The PSO Levy imposed by this Order”, and

(

b

) by the insertion after paragraph (3) of the following paragraph

“(4) The PSO Levy imposed by this Order as respects the obligation imposed by virtue of Article 6D shall terminate no later than 31 December 2027.”.

9. Article 8 of the Principal Order is amended—

(

a

) in paragraph (1) by inserting the following subparagraph after subparagraph (bd)

“(be) the additional costs of suppliers in the period concerned in complying with the obligation imposed on it by Article 6D, as determined by the Commission pursuant to Article 9;”, and

(

c

) in paragraph (2)(

a

) by inserting “or the REFIT Contracts Notification” after “or the Generation Contracts Notification”.

10. Article 9 of the Principal Order is amended—

(

a

) by inserting the following paragraphs after paragraph (2F)

“(2G) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2008 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2008 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2010.

(2H) The PSO levy in respect of the requirement imposed pursuant to Article 6D in the levy period to 30 September 2009 shall be determined by the Commission on the basis of the estimates made by it of the amounts required to meet the costs and expenses specified at paragraph (be) of Article 8(1) and any over recovery or under recovery of those amounts in the period ending on 30 September 2009 shall be taken into account in setting the amount of PSO Levy in respect of the levy period commencing on 1 October 2011.”,

(

b

) in paragraph (3) by inserting the following subparagraph after subparagraph (

a

)

“(ab) At least 5 months prior to the commencement of a levy period each supplier specified in column (3) of Schedule 3 shall provide the Commission with an estimate of the additional costs, calculated in accordance with the method specified for determination of such costs in the REFIT Contracts Notification that such supplier estimates it will incur in the forthcoming levy period in complying with its obligations under this Order in respect of each REFIT power purchase agreement to which it is a party.”.

11. Article 10 of the Principal Order is amended, in paragraph (1)—

(

a

) by the insertion, after subparagraph (

a

), of the following subparagraph

“(ab) each supplier on whom an obligation is imposed by Article 6D shall provide the Commission details of the actual additional costs incurred by that supplier in complying with the obligation imposed on it by that Article, and”, and

(

b

) by the substitution of “detailing the actual amounts of the costs and expenses referred to in subparagraphs (

a

), (

ab

) and (

b

)” for “detailing the actual amounts of the costs and expenses referred to in subparagraphs (

a

) and (

b

)”.

12. The Principal Order is amended in Article 15 by the substitution for subparagraph (

c

) of the following

“(

c

) to account for and pay to the board or suppliers, as the case may be, all appropriate amounts received by it in respect of the PSO Levy, in accordance with the provisions of Schedule 2 to this Order.”.

13. The Principal Order is amended, in Article 19—

(

a

) by the substitution for subparagraph (

a

) of paragraph (2) of the following

“(

a

) in the case of the Board or suppliers, as the case may be

(i) the procedures according to which each constituent element of the PSO Levy specified in Article 8(1) of this Order will be estimated,

(ii) the dates by which those persons will provide the information required by this Order to the Commission and the format in which such information shall be supplied,”, and

(

b

) by the substitution for clause (iii) of of subparagraph (

d

) of paragraph (2) of the following

(iii) for the onward payment of the PSO Levy to the Board or suppliers, as the case may be.”.

14. The Principal Order is amended by inserting, after Schedule 2, the matter in the Schedule to this Order as Schedule 3.

SCHEDULE

“SCHEDULE 3

In this Schedule

“biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;

“biomass other than LFG” means biomass other than that derived from landfill gas;

“large scale wind generation” means generation installations with an installed nameplate rating in excess of 5Mw;

“LFG” means landfill gas;

“small scale wind generation” means generation installations with an installed nameplate rating of 5Mw or less.

(1)Ref. No.

(2)REFIT Power Purchase Agreement Reference

(3)Supplier

(4)Electricity generator

(5)Generation plant description

(6)Energy source of electricity

(7)Maximumelectricity capacityrelating to agreement

1

REFIT 1/5/1

Bord Gáis Éireann

Jaroma Windfarm Ltd.

Toomyvara, Ballinlough, Co. Tipperary

Small Scale Wind Generation

2.55

2

REFIT 1/5/2

Energia

Reirk Energy Ltd.

Dromdeeveen, Ballagh, Co. Limerick

Large Scale Wind Generation

10.5

3

REFIT1/5/3

ESB Independent Energy

Hibernian Wind Power

Mountain Lodge, Co. Cavan

Small Scale Wind Generation

3

4

REFIT 1/5/4

Island Seafoods

Adeery Hydro

Killybegs, Co. Donegal

Hydro

0.4

5

REFIT1/5/5

Energia

Carriganima Community Windfarm Ltd.

Carriganima, Macroom, Co. Cork

Large Scale Wind Generation

14.99

6

REFIT 1/5/6

Energia

Muingnaminnane Windfarms Ltd.

Muingnaminnane, Kielduff, Tralee, Co. Kerry

Large Scale Wind Generation

15.3

7

REFIT 1/5/8

ESB Independent Energy

Mountainlodge Power Ltd.

Mountain Lodge, Co. Cavan

Large Scale Wind Generation

24.8

8

REFIT1/5/9

Energia

Tra Investments Ltd.

Ballincollig Hill and Maghanknockane, Tralee, Co. Kerry

Large Scale Wind Generation

13.6

9

REFIT 1/5/10

Sonen Energy Power Supply Ltd

Sonen Energy

Oldtown, Ferns, Enniscorthy, Co. Wexford

Small Scale Wind Generation

0.85

10

REFIT 1/5/13

Gorteen Wind Power Supply Ltd

Gorteen Wind Ltd.

Bolinrush, Bunclody, Enniscorthy, Co. Wexford

Small Scale Wind Generation

1.7

11

REFIT 1/5/14

I.C. Breeze Power Supply Ltd

I.C. Breeze Ltd.

Ballycadden, Bunclody, Enniscorthy, Co. Wexford

Small Scale Wind Generation

2.55

12

REFIT 1/5/15

LP Energy Power Supply Ltd

LP Energy Ltd.

Lackendarragh, Bunclody, Enniscorthy, Co. Wexford

Small Scale Wind Generation

1.7

13

REFIT 1/5/17

Bolinrush Wind Power Supply Ltd

Bolinrush

Bolinrush, Bunclody, Co. Wexford

Small Scale Wind Generation

3.4

14

REFIT 1/5/18

Corrig Wind Power Supply Ltd

Corrig Wind

Ballycadden, Bunclody, Co. Wexford

Small Scale Wind Generation

1.7

15

REFIT 1/5/20

Airtricity Limited

Carrig Wind Farm Ltd.

Lacka, Carrig, Birr, Co. Offaly

Small Scale Wind Generation

2.55

16

REFIT 1/5/21

Gar Energy Power Supply Ltd

Gar Energy Ltd.

Ballycadden, Bunclody, Co. Wexford

Small Scale Wind Generation

0.85

17

REFIT 1/5/22

Energia

Corr Na Gaoithe Teo.

Sonagh Old, Loughrea, Co. Galway

Small Scale Wind Generation

0.85

18

REFIT1/5/23

Energia

Pallas Windfarm Ltd

Pallas, Banemore, Listowel, Co.Kerry

LargeScaleWind Generation

37.85

19

REFIT 1/5/24

Airtricity Limited

Mahon Hydro Ltd.

Mahon Bridge, Kilmacthomas, Co. Waterford

Hydro

0.7

20

REFIT 1/5/25

Bord Gáis Éireann

Highland Wind Energy

Lurganboy, Rathmullan, Co. Donegal

Small Scale Wind Generation

4.98

21

REFIT 1/5/27

ESB Independent Energy

Limerick County Council

Gortadroma Landfill, Ballyhahill, Co. Limerick

Biomass LFG

1.3

22

REFIT 1/5/28

Lackendarragh Wind Power Supply Ltd

Lackendarragh Wind Ltd.

Ballycadden, Bunclody, Enniscorthy, Co. Wexford

Small Scale Wind Generation

1.7

23

REFIT 1/5/30

Knocknalour Power Supply Ltd

Knocknalour Wind Farm Ltd.

Knocknalour, Bunclody, Co. Wexford

Small Scale Wind Generation

5

24

REFIT 1/5/32

Airtricity Limited

Gairdini

Lacka Cross, Ballydesmond, Co. Cork

Biomass CHP

2.9

25

REFIT 1/5/33

Airtricity Limited

Tornado Electrical Ltd

Beallough, Portlaw, Co. Waterford

Small Scale Wind Generation

1.7

26

REFIT 1/5/34

Energia

Ballybane Windfarms Ltd.

Glanta Commons Wind Farm, Bantry, Co. Cork.

Large Scale Wind Generation

19.55

27

REFIT 1/5/35

Airtricity Limited

Bindoo Windfarm (ROI) Ltd.

Mountain Lodge, Cootehill, Co. Cavan

Large Scale Wind Generation

48

28

REFIT 1/5/36

Airtricity Limited

Midas Energy Ltd.

Inchee, Kilgarvan, Co. Kerry

Large Scale Wind Generation

18

29

REFIT 1/5/37

Airtricity Limited

March Winds Ltd

Athea, Co. Limerick

Large Scale Wind Generation

27

30

REFIT 1/5/38

Energia

Carrigcannon Wind Farm Ltd.

Carragraigue, Rathcoole, Mallow, Co. Cork.

Large Scale Wind Generation

20

31

REFIT 1/5/39

Airtricity Limited

Kerry Power Ltd.

Foilgrenna, Kilgarvan, Co. Kerry

Small Scale Wind Generation

5

32

REFIT 1/5/40

Airtricity Limited

Everwind Ltd.

Coom, Kilgarvan, Co. Kerry

Large Scale Wind Generation

6.8

33

REFIT 1/5/41

Airtricity Limited

March Winds Ltd

Athea, Co. Limerick

Large Scale Wind Generation

24

34

REFIT 1/5/42

Energia

Mount Eagle Windfarm Ltd.

Mount Eagle, Cordal, Castleisland, Co. Kerry

Small Scale Wind Generation

1.7

35

REFIT 1/5/43

Energia

North West Wind Ltd.

Loughderry Duff Hill, Ardara, Glenties, Co. Donegal

Large Scale Wind Generation

7.65

36

REFIT 1/5/44

Airtricity Limited

Irish Power Systems

Arthurstown Landfill, Arthurstown, Kill, Co. Kildare

Biomass LFG

4.26

37

REFIT 1/5/45

ESB Independent Energy

SWS Knockawarriga Windfarm Ltd.

Knockawarriga (Caherlevoy, Ballycommane and Glengort South) Mountcollins, Co. Limerick

Large Scale Wind Generation

22.5

38

REFIT 1/5/46

Airtricity Limited

Skehanagh Wind Farm Ltd.

Skehanagh, Ballingarry, Roscrea, Co. Tipperary

Small Scale Wind Generation

4.25

39

REFIT 1/5/47

Energia

Airoshin Wind Energy Ltd.

Meenachullalan, Killybegs, Co. Donegal

Large Scale Wind Generation

11.9

40

REFIT 1/5/48

Airtricity Limited

Mullananalt Wind Farm (ROI) Ltd.

Mullananalt Windfarm, Latton, Ballybay, Co. Monaghan

Large Scale Wind Generation

7.5

41

REFIT 1/5/49

Energia

Glackmore Wind Power Ltd.

Glackmore Hill, Aught, Glackmore, Muff, Co. Donegal

Small Scale Wind Generation

0.6

42

REFIT 1//5/50

Energia

Lackan Wind Energy Ltd.

Lackan, Enniscrone, Co. Sligo

Large Scale Wind Generation

6

43

REFIT 1/5/51

Bord Gáis Éireann

Sorne Wind Ltd.

Sorne Hill, Buncrana, Co. Donegal

Large Scale Wind Generation

31.5

44

REFIT 1/5/53

Airtricity Limited

Knockastanna Windfarm (ROI) Ltd.

Curraghfoil, Doon, Co. Limerick

Large Scale Wind Generation

7.5

45

REFIT 1/5/54

Airtricity Limited

Rathcahill Windfarm (ROI) Ltd.

Rathcahill West, Tournafulla, Co. Limerick

Large Scale Wind Generation

12.5

46

REFIT 1/5/55

Airtricity Limited

Coomacheo Windfarm Ltd.

Coomacheo, Millstreet, Co. Cork

Large Scale Wind Generation

41.225

47

REFIT 1/5/56

Airtricity Limited

Richfield Windfarm (ROI) Ltd.

Richfield, Bridgetown, Co. Wexford

Large Scale Wind Generation

27

48

REFIT 1/5/57

Airtricity Limited

Meentycat Ltd.

Meentycat, Cark, Co. Donegal

Large Scale Wind Generation

14

49

REFIT 1/5/58

Airtricity Limited

Tournafulla Windfarm (ROI) Ltd.

Killaculleen, Tournafulla, Co. Limerick

Large Scale Wind Generation

24.7

50

REFIT 1/5/59

Airtricity Limited

Teevurcher Ltd.

Teevurcher, Co. Meath

Large Scale Wind Generation

7.5

51

REFIT 1/5/61

Energia

North Tipperary Windpower Ltd.

Ballinveny, Toomevara, Nenagh, Co. Tipperary

Small Scale Wind Generation

2.55

52

REFIT 1/5/63

Energia

Killybegs Wind Power Ltd.

Cornachan Hill, Killybegs, Co. Donegal

Small Scale Wind Generation

2.55

53

REFIT 1/5/64

Airtricity Limited

Meenacloghspar Ltd.

Meenacloghspar, Near Donegal Town, Co. Donegal

Small Scale Wind Generation

0.9

54

REFIT 1/5/65

Airtricity Limited

Brosna Hydro Energy

Erry Mills, Frederick Street, Clara, Co. Offaly

Hydro

0.109

55

REFIT 1/5/66

ESB Independent Energy

Mountainlodge Power Ltd.

Mountain Lodge, Co. Cavan

Large Scale Wind Generation

5.82

56

REFIT 1/5/68

Energia

Eco Wind Power Ltd.

Meenadreen, Co. Donegal

Large Scale Wind Generation

82

57

REFIT 1/5/69

Energia

Eco Wind Power Ltd.

Glenough Upper, Hollyford, Co. Tipperary

Large Scale Wind Generation

9

58

REFIT 1/5/71

Bord Gáis Éireann

Dublin City Council

Roundwood, Bray, Co. Wicklow

Hydro

0.09

59

REFIT 1/5/72

Airtricity Limited

Bioverda Power Systems Ltd.

Arthurstown, Kill, Co. Kildare

Biomass LFG

3.2

60

REFIT 1/5/74

Energia

Sheeragh Wind Ltd.

Meenkeragh Wind Farm, Buncrana, Co. Donegal

Small Scale Wind Generation

4.6

61

REFIT 1/5/75

Airtricity Limited

Bioverda Power Systems Ltd.

Arthurstown Landfill Site, Kill, Co. Kildare

Biomass LFG

1.42

62

REFIT 1/5/76

Dunmore Power Supply Ltd.

Dunmore Windpower Ltd.

Dunmore Wind Farm, Dunmore, Collon, Co. Louth

Small Scale Wind Generation

3

63

REFIT 1/5/80

SWS Green Energy Ltd

Inish Wind Ltd.

Flughland & Crockahenny, Quigleys Point, Lifford, Co. Donegal

Large Scale Wind Generation

9.2

64

REFIT 1/5/82

Slievereagh (CS) Ltd

Slievereagh Power Ltd.

Slievereagh Windfarm, Kilfinane, Co. Limerick

Small Scale Wind Generation

3.1

65

REFIT 1/5/86

Energia

Gortahile Windfarm Limited

Gortahile Windfarm, Ardough, Co. Laois.

Large Scale Wind Generation

21

66

REFIT 1/5/87

Energia

Glenough Windfarm Limited

Glenough Windfarm, Glenough, Co. Tipperary

Large Scale Wind Generation

33

67

REFIT 1/5/88

Slievereagh (CS) Ltd

Slievereagh Power Ltd.

Bruree Hydro, The Old Mill, Bruree, Co. Limerick

Hydro

0.138

68

REFIT 1/5/90

Fingleton White & Co. Ltd

Castledockrell Windgroup Ltd

Castledockrell Windfarm, Ballenahillan, Ballycarney, Enniscorthy, Co. Wexford

Large Scale Wind Generation

41.4

69

REFIT 1/5/95

Energia

Glackmore Wind Power Ltd

Glackmore Hill, Aught, Glackmore, Muff, Co. Donegal

Small Scale Wind Generation

2.3

70

REFIT 1/5/98

SWS Green Energy Ltd

Garracummer Wind Farm Ltd

Garracummer & Moanvaun, Hollyford, Co. Tipperary

Large Scale Wind Generation

25

71

REFIT 1/5/101

Energia

M.D. South Windfarm Ltd.

Loughcuill Windfarm, Co. Donegal

Small Scale Wind Generation

3.6

72

REFIT 1/5/104

Falleen Power Supply Ltd

Falleenafinnoga Windfarm Ltd

Foileen, Rossmore, Cashel, Co. Tipperary

Small Scale Wind Generation

4

73

REFIT 1/5/109

Tooreen Power Supply Ltd

Tooreen Windfarm Ltd

Tooreen Windfarm, Tooreen, Hollyford, Co. Tipperary

Small Scale Wind Generation

4

74

REFIT 1/5/111

Energia

Ballybane Windfarms Ltd.

Glanta Commons 2 Windfarm, Dromourneen, Derreennacna, Glanaphuca & Lackenafasoge Townlands, Bantry, Co. Cork.

Large Scale Wind Generation

8.4

75

REFIT 1/5/112

SWS Green Energy Ltd

SWS Inchincoosh Windfarm Ltd

Sillahertane, Inchincoosh & Lettercannon, Glanarought, Co.Kerry.

Large Scale Wind Generation

41

76

REFIT 1/5/114

Bearna Gaoithe Power Supply Ltd.

Bearna Gaoithe Teo

Cronelea Upper Windfarm Extension, Cronelea, Shillelagh, Co. Wicklow

Small Scale Wind Generation

1.8

77

REFIT 1/5/118

SWS Green Energy Ltd

Lisheen Windfarm Ltd

Lisheen Mine, Killoran, Moyne, Thurles, Co. Tipperary

Large Scale Wind Generation

36

78

REFIT 1/5/119

Ballynancoran Supply Company Ltd.

Ballynancoran Wind Farm Ltd.

Ballynancoran Windfarm, Ballynancoran, Donishal, Ferns, Co. Wexford

Small Scale Wind Generation

4

79

REFIT 1/5/121

Energia

Carrons Windfarm Ltd.

Carrons Windfarm, Dunmoylan, Shanagolden, Co. Limerick

Small Scale Wind Generation

5

80

REFIT1/5/122

G.A.E.L Force Power Ltd.

W.E.D Cross Energy Ltd

WED Cross Windfarm, Lacka Cross, Ballydesmond, Co. Cork

Small Scale Wind Generation

4

81

REFIT 1/5/124

Keelderry Windfarm Supply Ltd

Keelderry Windfarms Ltd

Keelderry Windfarm, Keelderry, Peterswell, Gort, Co. Galway

Large Scale Wind Generation

29.75

82

REFIT 1/5/125

Esk Windfarm Supply Ltd

Esk Windfarm Ltd

Esk Windfarm, Esk, Lyre, Banteer, Co. Cork

Large Scale Wind Generation

5.95

83

REFIT 1/5/126

Cloghaneleskirt Windfarm Supplies Ltd

Cloghaneleskirt Windfarm

Cloghaneleskirt Windfarm, Knocknagashel, Tralee, Co. Kerry

Large Scale Wind Generation

10

84

REFIT 1/5/127

Dromadda Beg Windfarm Supplies Ltd

Dromadda Beg Windfarm

Dromadda Beg Windfarm,Knocknagashel, Tralee, Co. Kerry

Small Scale Wind Generation

2.55

85

REFIT 1/5/133

IQ.Wind Supply Ltd

I.Q.Wind Ltd

Crocane Windfarm, Crocane, Cloyne, Midleton, Co. Cork

Small Scale Wind Generation

1.7

86

REFIT 1/5/134

Keelderry Windfarm Supply Ltd

Pluckanes Windfarm

Pluckanes, Donoughmore, Co. Cork

Small Scale Wind Generation

0.85

87

REFIT 1/5/135

Blakefield Windfarm Supply Ltd

Blakefield Windfarm

Blakefield Windfarm, Blakefield, Toomevara, Nenagh, Co. Tipperary

Small Scale Wind Generation

0.85

88

REFIT 1/5/136

Keelderry Windfarm Supply Ltd

Greenhills Windfarm Ltd

Knocknagappagh Windfarm, Greenhills, Knocknagappagh, Killeagh, Co. Cork

Small Scale Wind Generation

1.7

89

REFIT 1/5/137

Energia

Caherdowney Windfarm Ltd.

Caherdowney Windfarm, Caherdowney, Carriganimma, Macroom, Co. Cork

Large Scale Wind Generation

10

90

REFIT 1/5/138

Airtricity Limited

Gortnagross Wind Energy Ltd.

Tooradoo Windfarm, Tooradoo, Athea, Co. Limerick

Small Scale Wind Generation

5

91

REFIT 1/5/141

Airtricity Limited

March Winds Ltd.

Athea Windfarm Phase 3, Tooradoo, Co. Limerick

Large Scale Wind Generation

17

92

REFIT 1/5/142

Saorgus Energy Ltd.

Glanaruddery Windfarms Ltd

Dromadda More Wind Farm,Dromadda More, Knocknagoshel,Tralee, Co. Kerry

Large Scale Wind Generation

20

93

REFIT 1/5/143

Saorgus Energy Ltd.

Cordal Windfarms Ltd.

Cordal Windfarm, Cordal, Co. Kerry

Large Scale Wind Generation

37.8

94

REFIT 1/5/150

Airtricity Limited

Airtricity Developments Ltd

Dunneil Windfarm, Ballyglass, Co. Sligo

Large Scale Wind Generation

11.05

95

REFIT 1/5/152

Airtricity Limited

Coomatallin Windfarm (ROI) Ltd

Coomatallin Windfarm, Dunmanway, Co. Cork

Small Scale Wind Generation

3.05

96

REFIT 1/5/153

Airtricity Limited

Dromada Windfarm (ROI) Ltd

Dromada Windfarm, Clash South, Athea, Co. Limerick

Large Scale Wind Generation

46

97

REFIT 1/5/158

SWS Green Energy Ltd

Knockacummer Wind Farm Ltd

Knockacummer Windfarm, Meentinny West, Cummerduff & Knockacluggin, Co. Cork

Large Scale Wind Generation

87

”.

GIVEN under my Official Seal,

18 July 2008

EAMONN RYAN.

Minister for Communications, Energy and Natural Resources.

EXPLANATORY NOTE

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

This S.I. extends the number of projects in the AER/REFIT programme which supports the construction of new renewable energy powered electricity generating plants. The Order permits the CER to include additional costs arising from the selected REFIT projects in its calculations of the PSO levy and to authorise payments from the levy to participants.

S.I. No. 284 of 2008

ELECTRICITY REGULATION ACT 1999 (PUBLIC SERVICE OBLIGATIONS) (AMENDMENT) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

25

th July

, 2008.

I, EAMON RYAN, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by

section 39

of the

Electricity Regulation Act 1999

(No. 23 of 1999) (as adapted by the Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (

S.I. No. 706 of 2007

)) in consideration of general social, economic and environmental factors and following consultation with the Minister for the Environment, Heritage and Local Government, and having, in accordance with section 39(10) of the

Electricity Regulation Act 1999

, given a draft of this Order to the persons listed in column (2) of Schedule 3 to this Order, these being the persons upon whom the obligations are to be imposed, hereby order as follows

Citation