S.L. 623.7 Art. 31Repeal. S.L. 545. 16.

(1) The Energy Efficiency and Cogeneration

Regulations are hereby being repealed.

(2) The repeal of the regulations referred to in sub-regulation

(1) shall not affect anything done or required to be done under those regulations. First Schedule (regulation 29)

General principles for the calculation of electricity from cogeneration

Part I. General principles

Values used for calculation of electricity from cogeneration shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use. For micro-cogeneration units the calculation may be based on certified values.

(a) Electricity production from cogeneration shall be considered equal to total annual electricity production of the unit measured at the outlet of the main generators.

(i) in cogeneration units of type (b), (d), (e), (f), (g) and (h) referred to in Part II with an annual overall efficiency at a level of at least seventy-five per cent (75%), and

(ii) in cogeneration units of type (a) and (c) referred to in Part II with an annual overall efficiency at a level of at least eighty per cent (80%).

(b) In cogeneration units with an annual overall efficiency below the value referred to in paragraph (a)(i) (cogeneration units of type (b), (d), (e), (f), (g) and (h) referred to in Part II) or with an annual overall efficiency below the value referred to in paragraph (a)(ii) (cogeneration units of type

(a) and (c) referred to in Part II) cogeneration is calculated according to the following formula:

E = H *C CHP CHP

where:

E is the amount of electricity from cogeneration CHP

C is the power to heat ratio

H is the amount of useful heat from cogeneration (calculated CHP for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).

The calculation of electricity from cogeneration must be based on the actual power to heat ratio. If the actual power to heat ratio of a cogeneration unit is not known, the following default values may be used, notably for statistical purposes, for units of type (a), (b), (c), (d) and (e) referred to in Part II provided that the calculated cogeneration electricity is less or equal to total electricity production of the unit:

Default power to heat ratio, C Type of the unit Combined cycle gas turbine with heat 0,95 recovery Steam back pressure turbine 0,45 Steam condensing extraction turbine 0,45 Gas turbine with heat recovery 0,55 Internal combustion engine 0,75

If the Regulator introduces default values for power to heat ratios for units of type (f), (g), (h), (i), (j) and (k) referred to in Part II, such default values shall be published and shall be notified to the Commission.

(c) If a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled, this share can be subtracted from the fuel input before calculating the overall efficiency used in paragraphs (a) and (b) of this Schedule.

(d) The Regulator may determine the power to heat ratio as the ratio between electricity and useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.

(e) The Regulator may use other reporting periods than one year for the purpose of the calculations according to paragraphs (a) and (b) of this Schedule.

Part II. Cogeneration technologies covered by these regulations

(a) Combined cycle gas turbine with heat recovery;

(b) Steam backpressure turbine;

(c) Steam condensing extraction turbine;

(d) Gas turbine with heat recovery;

(e) Internal combustion engine;

(f) Microturbines;

(g) Stirling engines;

(h) Fuel cells;

(i) Steam engines;

(j) Organic Rankine cycles;

(k) Any other type of technology or combination thereof falling under the definition "cogeneration" laid down in regulation 2.

When implementing and applying the general principles for the calculation of electricity from cogeneration, the Minister shall use the detailed Guidelines established by Decision 2008/952/EC.

Second Schedule (regulations 21(13) and 29(3))

Methodology for determining the efficiency of the cogeneration process

Values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(a) High-efficiency cogeneration

For the purpose of these regulations high-efficiency cogeneration shall fulfil the following criteria:

(i) cogeneration production from cogeneration units shall provide primary energy savings calculated according to paragraph (b) of this Schedule of at least ten per cent (10%) compared with the references for separate production of heat and electricity;

(ii) production from small scale and micro cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration.

(b) Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration production defined in accordance with the First Schedule shall be calculated on the basis of the following formula:

Where: PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration.

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue guarantees of origin in accordance with sub-regulation (13) of regulation 21.

Ref Eη is the efficiency reference value for separate electricity production.

(c) Calculations of energy savings using alternative calculation

The Minister may calculate primary energy savings from a production of heat and electricity and mechanical energy as below without using the First Schedule to exclude the non-cogenerated heat and electricity parts of the same process. Such a production can be regarded as high-efficiency cogeneration provided it fulfils the efficiency criteria in paragraph (a) of this Schedule and, for cogeneration units with an electrical capacity larger than 25 MW, the overall efficiency is above seventy per cent (70%). However, specification of the quantity of electricity from cogeneration produced in such a production, for issuing a guarantee of origin and for statistical purposes, shall be determined in accordance with the First Schedule.

If primary energy savings for a process are calculated using alternative calculation as above the primary energy savings shall be calculated using the formula in paragraph (b) of this Schedule replacing: "CHP Hη" with "Hη" and "CHP Eη" with "Eη", where:

Hη shall mean the heat efficiency of the process, defined as the annual heat output divided by the fuel input used to produce the sum of heat output and electricity output.

Eη shall mean the electricity efficiency of the process, defined as the annual electricity output divided by the fuel input used to produce the sum of heat output and electricity output. Where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration maybe increased by an additional element representing the amount of electricity which is equivalent to that of mechanical energy. This additional element will not create a right to issue guarantees of origin in accordance with sub-regulation (13) of regulation 21.

(d) The Regulator may use other reporting periods than one year for the purpose of the calculations according to paragraphs (b) and (c) of this Schedule.

(e) For micro-cogeneration units the calculation of primary energy savings may be based on certified data.

(f) Efficiency reference values for separate production of heat and electricity

The harmonised efficiency reference values shall consist of a matrix of values differentiated by relevant factors, including year of construction and types of fuel, and must be based on a well-documented analysis taking, inter alia, into account data from operational use under realistic conditions, fuel mix and climate conditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and electricity in accordance with the formula set out in paragraph (b) shall establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the following principles: