Advice to EDF Energy
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- From
- EDF Energy
- Date advice given
- 9 December 2010
- Enquiry type
I work for EDF Energy in Asset Development. One of our projects relates to increasing our biomass co-firing capability within an existing coal-fired power station. We have co-milling capability within the coal-fired station that equates to circa 100MW equivalent of biomass. This has been in operation since 2005. We are currently developing a biomass direct injection trial that will equate to approximately 50MW max equivalent of biomass burn. The relevant planning application with the local Council and the EA has been sought.
We are also developing plans for direct injection on another unit within the same coal-fired power station – equivalent to another 50MW max of biomass burn.
With regards to the EN-2, EN-3 and the IPC, do these plans need to be included in the IPC frameworks as such for approval?
Our understanding is that the IPC would apply for instance to new coal-fired power station that can include biomass co-firing at greater than 50MW and not to existing power stations. Is this assumption correct?
Looking forward to hearing from you.
Advice given
Thank you for your email. The IPC can give procedural advice about making an application for development consent, or making representations upon an application. We cannot give legal advice.
The Development Consent regime, set out in the 2008 Act and administered by the IPC, applies to Nationally Significant Infrastructure Projects (NSIP) as defined by the 2008 Act.
EN-2 and EN-3 are policy documents, currently in draft, which set out the government's policy on some types of energy infrastructure. When adopted, the merits of NSIP applications under the 2008 Act will be considered against them.
I have read the scenario you set out in your email, and can direct you to sections 14, 15 and 32 of the 2008 Act which you may find useful in reaching your own conclusion on the matter.
You may first want to consider whether or not the modification constitutes development for the purposes of the 2008 Act. Section 32 of the Act could assist you in this determination.
If you consider that the proposals would constitute development, you may want to consider whether or not they constitute an NSIP under the definitions in Sections 14 and 15. Section 15 provides that the extension of a generating station can be an NSIP under certain circumstances; principally, if it the total output of the station is or is expected to be 50MW generating capacity or more.
However, we cannot comment on whether or not the specific project you refer to meets the definition of a NSIP. You should take you own legal advice upon which you can rely.