Electricity, England And Wales Citation, commencement, extent and interpretation 1 1 This Order may be cited as the Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2017 and comes into force on the day after the day on which it is made. 2 This Order extends to England and Wales only. 3 In this Order, the “2015 Order” means the Renewables Obligation Order 2015 . Amendment to article 2 of the 2015 Order (interpretation) 2 In Article 2(1) of the 2015 Order, after the definition of “designated electricity supplier” insert— “EII excluded electricity” means electricity which constitutes EII excluded electricity within the meaning of regulation 6(1) of the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015 ; . Amendments to article 7 of the 2015 Order (the renewables obligation) 3 1 Article 7 of the 2015 Order is amended as follows. 2 In paragraph (2)— a for “electricity that it supplies to customers in England and Wales” substitute “relevant electricity that it supplies”; and b for “article 13” substitute “articles 13 to 13B”. 3 After paragraph (4), insert— 5 In this Part, “relevant electricity” means— a in respect of— i any obligation period beginning on or after 1st April 2019; or ii any month of an obligation period in respect of which a revised obligation level applies in accordance with article 13B(7)(a)(ii), (b)(ii), (8)(a) or (b)(ii), any electricity supplied to customers in England and Wales other than EII excluded electricity; and b in respect of any other period, any electricity supplied to customers in England and Wales. Amendment to article 10 of the 2015 Order (calculation A) 4 In article 10(3) of the 2015 Order, for “articles 12 and 13” substitute “this Part”. Amendment to article 11 of the 2015 Order (calculation B) 5 In article 11(5) of the 2015 Order, for “articles 12 and 13” substitute “this Part”. Amendment to article 12 of the 2015 Order (determining the total number of UK ROCs to be produced in an obligation period) 6 In article 12(4) of the 2015 Order, for “article 13” substitute “this Part”. Amendments to article 13 of the 2015 Order (determining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation) 7 1 Article 13 of the 2015 Order is amended as follows. 2 Before paragraph (1) insert— A1 This article applies in respect of an obligation period ending on or before 31st March 2019. 3 At the beginning of paragraph (1), insert “Subject to article 13B,”. 4 At the beginning of paragraph (2), insert “Subject to article 13B,”. New articles 13A and 13B (EII excluded electricity) 8 After article 13 of the 2015 Order, insert— Determining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019 13A 1 This article applies in respect of an obligation period beginning on or after 1st April 2019. 2 Before the start of an obligation period to which this article applies, the Secretary of State must estimate, in megawatt hours, the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during that period by designated electricity suppliers and electricity suppliers on whom the renewables obligation has been imposed by an order made under sections 32 to 32M of the Act by Scottish Ministers. 3 Where the total obligation for the obligation period is calculation A, the number of UK ROCs that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to— ( 0.154 × C ) ( C − D ) 4 Where the total obligation for the obligation period is calculation B, the number of UK ROCs that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to— ( E × C ) ( C − D ) 5 For the purposes of paragraphs (3) and (4)— a C is the estimate made by the Secretary of State under article 8(1) of the total amount of electricity likely to be supplied to customers in Great Britain during the obligation period; b D is the estimate made by the Secretary of State under paragraph (2) of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period; and c E is equal to— C a l c u l a t i o n B f o r t h e o b l i g a t i o n p e r i o d × 0.154 C a l c u l a t i o n A f o r t h e o b l i g a t i o n p e r i o d . 6 The Secretary of State must publish, by the 1st October preceding the obligation period, the number of UK ROCs that a designated electricity supplier is required to produce in respect of each megawatt hour of relevant electricity that it supplies during that period in order to discharge its renewables obligation for that period. Revising the number of UK ROCs to be produced by a designated electricity supplier for the 2017/18 and 2018/19 obligation periods 13B 1 This article applies in respect of— a the 2017/18 obligation period; and b the 2018/19 obligation period. 2 Subject to paragraph (3), following the publication under article 13(3) of an obligation level, the Secretary of State may revise that obligation level in accordance with paragraph (5). 3 The Secretary of State must not revise an obligation level under paragraph (2)— a after the 23rd November falling within the obligation period to which the obligation level relates; or b more than once in relation to any obligation period. 4 Before revising an obligation level under paragraph (2), the Secretary of State must estimate, in megawatt hours, the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period by designated electricity suppliers and electricity suppliers on whom the renewables obligation has been imposed by an order made under sections 32 to 32M of the Act by Scottish Ministers. 5 Any revision of an obligation level under paragraph (2) must be calculated in accordance with— a paragraph (3) of article 13A, where the total obligation for the obligation period is calculation A; or b paragraph (4) of article 13A, where the total obligation for the obligation period is calculation B, save that the references to “D” in the formulae set out in paragraphs (3) and (4) of article 13A are to be treated as references to the estimate made by the Secretary of State under paragraph (4) of this article of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period. 6 If the Secretary of State revises an obligation level under paragraph (2), the Secretary of State must publish the revised obligation level within seven days. 7 In the case of the 2017/18 obligation period— a if the Secretary of State has published a revised obligation level under paragraph (6) on or before 31st October 2017, the number of UK ROCs a designated electricity supplier is required to produce in order to discharge its renewables obligation is— i for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with 31st December 2017, the original obligation level; and ii for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with 1st January 2018 and ending with the last day of the obligation period, the revised obligation level; b if the Secretary of State has published a revised obligation level under paragraph (6) on or after 1st November 2017, the number of UK ROCs a designated electricity supplier is required to produce in order to discharge its renewables obligation is— i for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with the last day of the third month after the publication date, the original obligation level; and ii for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the fourth month after the publication date and ending with the last day of the obligation period, the revised obligation level. 8 In the case of the 2018/19 obligation period— a if the Secretary of State has published a revised obligation level under paragraph (6) on or before 31st December 2017, the number of UK ROCs a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during the obligation period, the revised obligation level; b if the Secretary of State has published a revised obligation level under paragraph (6) on or after 1st January 2018, the number of UK ROCs a designated electricity supplier is required to produce in order to discharge its renewables obligation is— i for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with the last day of the third month after the publication date, the original obligation level; and ii for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the fourth month after the publication date and ending with the last day of the obligation period, the revised obligation level. 9 In this article— “2017/18 obligation period” means the obligation period beginning on 1st April 2017; “2018/19 obligation period” means the obligation period beginning on 1st April 2018; “obligation level” means the number of UK ROCs that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in England and Wales during an obligation period in order to discharge its renewables obligation for that period as determined under article 13(1) or (2); “original obligation level” means the obligation level as published under article 13(3); “publication date” means the date of publication of the revised obligation level under paragraph (6); and “revised obligation level” means the obligation level as revised in accordance with paragraph (5). . Amendment to article 79 of the 2015 Order (provision of information to determine whether a supplier is discharging its renewables obligation) 9 In article 79(2) of the 2015 Order, omit “and” after sub-paragraph (b) and insert after that sub-paragraph— ba estimates of the amount of EII excluded electricity it has supplied to customers in England and Wales during each month— i of an obligation period beginning on or after 1st April 2019; or ii in respect of which a revised obligation level applies in accordance with article 13B(7) or (8), by no later than the 1st June following that period; bb figures showing the amount of EII excluded electricity it has actually supplied to customers in England and Wales during each month— i of an obligation period beginning on or after 1st April 2019; or ii in respect of which a revised obligation level applies in accordance with article 13B(7) or (8), by no later than the 1st July following that period; and . Claire Perry Minister of State for Climate Change and Industry Department for Business, Energy and Industrial Strategy 14th December 2017