Feed in Tariff (FIT) Terms and Conditions

Transcription

1 Feed in Tariff (FIT) Terms and Conditions 1. Definitions The following definitions shall apply: Accreditation means the process of accreditation via either the MCS or ROO-FIT route and Accredited shall be construed accordingly; Act means (as appropriate) the Energy Act 1976, the Electricity Act 1989, the Utilities Act 2000, the Energy Act 2004 and the Energy Act 2008, the Feed in Tariffs (Specified Maximum Capacity and Functions) Order 2010, the Feed in Tariffs Order 2012 and Electricity Supply Licence Conditions (schedule A of conditions 33) (in each case as amended or updated from time to time); Application Date means the date on which we receive the completed FIT Application Form from you; Approved Export Meter means a meter, complying with the appropriate Meter Legislation, which measures the amount of electricity being exported to the Electricity Network; Approved Generation Meter means a meter which you are responsible for, complying with the appropriate Meter Legislation, which measures the quantity of electricity generated by your Generation Unit(s); Approved Meter(s) means either or a combination of (as applicable) an Approved Export Meter or Approved Generation Meter; Authority means the Gas and Electricity Markets Authority established pursuant to section 1(1) of the Utilities Act 2000; BEIS means the Department for Business, Energy & Industrial Strategy or its successor from time to time; Central FIT Register means the register kept and maintained by Ofgem for the purpose of recording details of the FIT Scheme; Commencement Date means the date on which we receive the signed FIT Agreement from you; Commissioning Date is the date on which a Generation Unit or an extension of capacity to an existing Generation Unit is commissioned by a MCS-certified installer using a MCS-certified product, or is certified under an equivalent scheme, or where applicable, is ROO-FIT accredited; Confirmation Date means the date of your successful registration onto the Central FIT Register; Degression means the regular review and potential reduction of the Generation Tariff for new Generation Units and extensions to existing Generation Units based on deployment in the preceding months as conducted by the Authority; Deployment Cap means a cap on the generation volume of a technology as may be set by Ofgem from time to time; Electricity Network means the local electricity distribution network or national transmission network as applicable; Eligibility Date means the later of; a) the date on which Ofgem receives a written request for ROO-FIT Accreditation or our receipt of a written request from you for MCS-certified accreditation; or b) the Commissioning Date of the Generation Unit; or for installations with an MCS certification start date after 15/01/2016, (c) the start date of the Tariff Period that the Generation Unit falls into; Eligibility Period means the maximum period for which you can receive payments from us pursuant to this FIT Agreement for a Generation Unit, commencing on the Eligibility Date. The Eligibility Period is set by Ofgem and varies depending on when an accredited FIT installation was commissioned and the technology type of the Generation Unit installed. The current Eligibility Periods are set out on the FIT Tariff Tables under the heading Tariff lifetime ; Energy Performance Certificate means an Energy Performance Certificate complying with the Energy Performance Buildings (EPB) Regulations 2007; Export Tariff means the rate per kwh determined by Ofgem for electricity generated and exported to the Electricity Network and as further detailed in the FIT Tariff Tables; Export Tariff Payment means a Quarterly payment made to you in respect of the electricity exported to the Electricity Network; FIT Agreement means collectively the FIT Plan and the Statement of FIT Terms; FIT Application Form means the application form provided to you by us which you shall complete and return to us to enable us to register you for participation in the FIT Scheme; Version: ENGIE Power Limited Page 1 of 9

2 FIT Duration means the term of this FIT Agreement starting on the Commencement Date and as a maximum being the Eligibility Period unless terminated earlier in accordance with Clause 16; FIT Licensee means either a Voluntary FIT licensee or a Mandatory FIT Licensee; FIT Plan means the document outlining the specific commercial details of your registration onto the Central FIT Register and forming part of the FIT Agreement; FIT Scheme means the Government scheme introduced to incentivise small-scale, low carbon electricity generation by providing payments for householders, communities and businesses to allow them to become generators of electricity using eligible Generation Units; FIT Tariff Tables means the table outlining the Generation Tariff and Export Tariff set by the Government (as updated from time to time) as set out on Ofgem s website ( Generation Tariff means the rate per kwh determined by the Authority for electricity generated by a Generation Unit, as further detailed in the FIT Tariff Tables; Generation Tariff Payment(s) means a Quarterly payment, based on the Generation Tariff, made to you in respect of electricity generated by an eligible Generation Unit(s); Generation Unit means a unit which generates electricity from one of the following technologies: solar photovoltaic, anaerobic digestion, hydro or wind, in each case with an installed electrical capacity up to 5MW; and combined heat and power units with an installed electrical capacity up to 2kW. Licence means our Electricity Supply Licence, as updated or varied from time to time; Mandatory FIT Licensee means a licensed electricity supplier that is obliged to participate in making payments under the FIT Scheme (and as such is not entitled to elect whether or not to participate in the FIT Scheme); MCS means the Microgeneration Certification Scheme, which certifies microgeneration products and installers in accordance with consistent standards for the purposes of the FIT Scheme; Meter Legislation means collectively, Schedule 7 to the Electricity Act 1989, the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 (SI/1565); the Meters (Certification) Regulations 1998 (SI/1566); the Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (SI/1329); the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (SI/ 2607), the Measuring Instruments (EC Requirements) (Electrical Energy Meters) (Amendment) Regulations 2002 (SI/3082); and the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (SI/1679); Meter Reading Date means the final Working Day of the Quarter; Nominated Recipient means the party receiving the Generation Tariff Payments and (if applicable) the Export Tariff Payment and will be you unless you notify us of a change in identity in accordance with the provisions of Clause 12; Ofgem means the Office of Gas and Electricity Markets, the role of which is to support the Authority; Quarter means a three monthly period, commencing with January, irrespective of the Commencement Date of this FIT Agreement and Quarterly shall be construed accordingly; Payment Statement means the self-billing invoice we will issue to you on a Quarterly basis in respect of the Generation Tariff Payment and Export Tariff Payment (as applicable); Retail Price Index means a measure of inflation as published by the Office of National Statistics; ROC or Renewable Obligation Certificate means a scheme separate from the FIT Scheme in which a certificate is issued to an accredited Generation Unit for eligible renewable electricity generated, pursuant to the Renewables Obligation Order 2009, and any replacement thereof under section 32 (and the subsequent related sections) of the 1989 Act; ROO-FIT means the process of accreditation by Ofgem for eligible Generation Units not covered by MCS; Site means the premises at which the Generation Unit(s) is situated; Solar PV Declaration means the declaration we will send to you for signature and return FIT Application Form where you inform us that your Generation Unit is solar photovoltaic; Statement of FIT Terms means the terms and conditions set out in this document; Tariff Period means the period of time applicable to a Deployment Cap as set by Ofgem from time to time; Transfer Date means the date on which we take over as your FIT Scheme supplier and are deemed to be responsible for your Generation Tariff Payments and Export Tariff Payments in accordance with the provisions of Clause 15.1; Voluntary FIT Licensee means a licensed electricity supplier that has voluntarily elected to participate in making payments under the FIT Scheme and which, as a result of such election is obligated to register and make FIT payments, when approached, to the owner of a Generation Unit with an installation capacity of 50kW or below and who is a supply customer of the licensed electricity supplier; We/Us/Our/ENGIE means ENGIE Power Limited (Company Number , VAT Number ), our internal and external agents and the other companies within the ENGIE group; Version: ENGIE Power Limited Page 2 of 9

3 Working Days means Monday to Friday inclusive but excluding days identified as Bank Holidays in England; You/Your means the person or organisation who has entered into this FIT Agreement with Us. 2. Interpretation 2.1 References to statutory or regulatory provisions include any amendments, variations, consolidations or replacements, regulations made there under, re-statements, or re-enactments made from time to time. 2.2 The expression including shall be construed without limitation. 2.3 Words in the singular shall include the plural and vice versa. 2.4 Should any conflict arise between the content of this FIT Agreement and any statutory or regulatory provision, then such provision shall take precedence. 2.5 These FIT Agreement documents shall be construed in the following order of priority in the event of a conflict of terms: any Variation or Amendment agreement; then any Side Letter; then the FIT Plan; then the Statement of FIT Terms; then the Solar PV Declaration. 3. Statement of Terms 3.1 This FIT Agreement is an agreement between you and us for the FIT Scheme. 3.2 We are a Voluntary FIT Licensee acting on behalf of the Government in making Generation Tariff Payments and Export Tariff Payments (where applicable and as further outlined in Clause 11) under the FIT Scheme. 3.3 This FIT Agreement details what is required for you to be eligible for payments under the FIT Scheme and under what terms you can obtain Generation Tariff Payments and Export Tariff Payments (where applicable) from us. 3.4 This Statement of FIT Terms applies only to the Generation(s) Unit identified in your FIT Plan. 4. Eligibility for FIT Scheme 4.1 Subject to any applicable Deployment Cap, your Generation Unit(s) may be eligible for Generation Tariff Payments if the following criteria are met and in entering into this FIT Agreement you warrant that your Generation Unit(s) meets the following criteria: You must directly own your Generation Unit(s); Your Generation Unit(s) has a total installed capacity of: no more than 5MW, if your Generation Unit generates electricity using Solar Photovoltaic, Anaerobic Digestion, Hydro or Wind; or no more than 2kW, if your Generation Unit generates electricity using CHP; Your Generation Unit(s) has the necessary Accreditation; the electricity generated by your Generation Unit(s) is measured by an Approved Meter; Version: ENGIE Power Limited Page 3 of 9

4 4.1.5 Your Generation Unit(s) is not registered to receive Generation Tariff Payments with any other energy supplier; the information you have provided to us regarding your Generation Unit(s) is complete and accurate; the Generation Units are installed in their final permanent position and have been commissioned; You are not in receipt of any grants from any authority relating to your FIT Generation Unit other than those permitted by the Authority unless you have given us evidence that the grants have been repaid in full; and Your Generation Unit(s) is not registered to claim ROCs. 4.2 In addition to the provisions of Clause above, you recognise and agree that you are responsible for promptly providing us with all information and evidence relating to both your Generation Units and your participation in the FIT Scheme on a continuing basis from the Commencement Date including without limitation: any change to your Generation Units, including a change to the capacity of the Generation Unit (recognising that in calculating the output of the Generation Unit, multiple installations of the same technology type commissioned at the same time and on the same Site will be regarded as one installation) or the ownership thereof (as further outlined in Clause 6.3); and meter readings from the Approved Generation Meter and, if applicable, the Approved Export Meter. 4.3 Additional Requirements for Anaerobic Digestion (AD) In addition to the criteria set out above, AD generators making a new application for accreditation on or after 1 May 2017 must comply with sustainability criteria and will also be subject to feedstock restrictions and reporting requirements which may affect payments of the Generation Tariff An AD generator will not be entitled to payment of the full Generation Tariff unless it complies with the sustainability criteria, feedstock restrictions and reporting requirements as set by Ofgem from time to time Payment of the Export Tariff will not be affected by the requirements set out above, 5. Entering into the FIT Scheme Documents we require to complete your application 5.1 You will agree to promptly provide us with the following documents and information to enable us to complete your entry into the FIT Scheme: a completed, signed FIT Application Form; a copy of your certificate of Accreditation of the Generation Unit(s); a meter reading from your Approved Meter(s) taken on or after the Eligibility Date; (if applicable) a signed copy of the Solar PV Declaration and your Energy Performance Certificate; satisfactory evidence of your ownership of the Approved Meter(s) (which may include a receipt or other documentation stating ownership or transfer of ownership from the previously stated owner, invoices (which may be redacted) and/or a sale and purchase agreement) and evidence that the Approved Meter(s) complies with the Meter Legislation; 5.2 We will check the information you have provided us with in accordance with Clause 5.1 above for the purposes of determining your eligibility for the FIT Scheme and if we accept that you are eligible for the FIT Scheme we will enter your details on to the Central FIT Register. 5.3 Where you are successfully registered onto the FIT Scheme, we will forward you a copy of your FIT Plan providing the confirmed registration details and the Confirmation Date, Eligibility Date, Transfer Date and the relevant Generation Tariff and (if applicable) Export Tariff as soon as reasonably practicable, along with a copy of the Statement of FIT Terms, for your review. 5.4 On receiving your FIT Plan you will promptly countersign and return a copy of each to us and in doing so you acknowledge and agree that you have read and shall be bound by all provisions of the FIT Agreement. 5.5 You acknowledge and agree that our performance of any of our obligations pursuant to this FIT Agreement, including our payment obligations, are conditional upon you promptly signing and returning the FIT Plan to us. 5.5A You acknowledge and agree that an assessment of the site may be required as part of the application process and you agree to provide access to us and such other third parties as may be reasonably required for the purposes of the application. Version: ENGIE Power Limited Page 4 of 9

5 Acceptance of your application into the FIT Scheme 5.6 You acknowledge and agree that: we may share any and all information you supply to us pursuant to this FIT Agreement with Ofgem, or other such regulatory, governmental or industry body from time to time for the purposes of administering, reporting and auditing your participation in the FIT Scheme; and whether you are accepted to the FIT Scheme is entirely at the discretion of Ofgem based on the criteria outlined in Clause 4 and you will not be classified as such until we have received confirmation from Ofgem that you have been entered on to the Central FIT Register. 5.7 If your application to the FIT Scheme is rejected due to not having an Approved Meter in place, you will need to reapply once you have the appropriate meter and a new Eligibility Date will be calculated for you based on your successful Accreditation. Additional capacity/ installations 5.8 You acknowledge and agree that all accredited FIT Generation Units sharing the same Approved Meter should be accredited with the same Voluntary FIT Licensee and you shall notify us and keep us notified of any other Generation Units on your Site. 5.9 Where you wish to; add additional capacity of the same technology type to an existing Generation Unit that is not eligible for the FIT Scheme, we will treat this addition as a new application to the FIT Scheme and you recognise that in order for this to be eligible for the FIT Scheme it must be metered separately; add additional capacity of the same technology type to an existing Generation Unit that is eligible for the FIT Scheme, we will treat this as a separate installation, except when determining a total installed capacity. The original Generation Unit will retain its Generation Tariff rate and Eligibility period and the additional capacity will have its own Eligibility Period (based on its Commissioning Date only) and Generation Tariff rate. Payments in respect of the extension will accrue from its Eligibility Date and the Generation Tariff rate for the extension will be based on the combined capacity of the extended installation. If the original Generation Unit and extension share the same Approved Generation Meter, pro rata calculations from the Approved Generation Meter readings will be used to determine how much electricity generated is assigned to both the existing and additional Generation Units; and/or extend an Accredited Generation Unit with a different technology type, this shall be treated as a separate Generation Unit and you shall be required to make a new application. Should you be accepted in to the FIT Scheme, Generation Payments will apply from the Eligibility Date at the lower of the two applicable rates of Generation Tariff Payment where the extension shares the same Approved Generation Meter Where two different technologies share the same Approved Generation Meter, eligible generation will be pro-rated between Generation Units in proportion to their total installed capacity from the extension s Eligibility Date If one of the Generation Units becomes ineligible for FIT, the remaining Generation Unit must have a separate meter installed to ensure that it remains eligible for the FIT Scheme. The Generation Tariff for the remaining Generation Unit will be reset to the Generation Tariff that would have been assigned on its Eligibility Date The Generation Tariff applicable to any new Generation Unit and/or any extension to the generating capacity of an existing Generation Unit will be subject to Degression as determined by the Authority from time to time. We will apply the relevant Degression rate(s) as displayed on the Authority s website to the Generation Tariff(s) as required by the Authority. 6. Commencement date and duration 6.1 This FIT Agreement shall commence on the Commencement Date and, having regard to Clause 6.2 below, shall continue for the FIT Duration. 6.2 Each Generation Unit(s) is only eligible for the FIT Scheme: (a) during the period for which you comply with this FIT Agreement; (b) whilst the Generation Unit(s) are registered to us as your Voluntary FIT Licensee; and (c) provided that the Generation Unit(s) are within the requirements of the Eligibility Period. 6.3 If you have taken ownership of a Generation Unit(s) that is already registered on the Central FIT Register, you acknowledge and agree that the Central FIT Register will require updating to reflect the change in ownership of the Generation Unit(s) and following this update, you will receive Generation Tariff Payments for the remainder of the FIT Duration. The Confirmation Date in respect of the Generation Unit(s) is shown on your FIT Plan. Where the Confirmation Date is mid Quarter, you may receive a part Generation Tariff Payment for the first Quarter of your membership of the FIT Scheme. 7. Metering Metering requirements 7.1 You must have, and maintain for the FIT Duration, an Approved Generation Meter to measure the amount of electricity generated by your Generation Unit(s). Version: ENGIE Power Limited Page 5 of 9

6 7.2 If your Generation Unit(s) has: a total installed capacity above 30kW and the Generation Unit Site is connected to the Electricity Network, you must have, and maintain for the FIT Duration, an Approved Export Meter to measure the amount of electricity being exported back to the Electricity Network; or a total installed capacity of 30kW or below 30kW and the Generation Unit Site is connected to the Electricity Network, an Approved Export Meter is not mandatory in order to receive Export Tariff Payments and where this is the case your Export Tariff Payment is calculated at 50% of your total generation (or 75% for Hydro generators) as measured by your Approved Generation Meter. You recognise and agree that the percentages outlined in this Clause 7.2 are published by BEIS and are subject to alteration at BEIS discretion, with any such amendments issued by BEIS immediately replacing the percentages outlined in this Clause. Information provision and Access requirements 7.3 Each Approved Meter must be positioned in an accessible location for meter readings to be obtained. You recognise and agree that Ofgem requires us to check the Approved Meters once every two (2) years and you irrevocably agree to grant us unfettered access to the Site without notice for that purpose. In the event that we are denied such access to the Site, we shall be entitled to withhold Generation Tariff Payments and/or Export Tariff Payments (as applicable) in respect of that Site. 7.4 In addition to the initial meter read provided pursuant to Clause 5.1.3, you shall provide meter readings from each Approved Meter on the Meter Reading Date. We shall validate the meter readings against the expected generation capability of that type of Generation Unit(s). Meter readings must be sent to us at: FITmeterreadings@engie.com 7.5 If you fail to provide meter readings on the Meter Reading Date, or if the meter readings fail validation by us, your Generation Tariff Payment and your Export Tariff Payment (where applicable) for that Quarter will be carried over to the next Quarter for which we receive a fully updated valid meter reading within the required timescales. 7.6 You verify and represent that all Approved Meter readings you provide us with pursuant to this FIT Agreement are complete and accurate and you agree that where we doubt the accuracy of any reading provided to us by you, you shall where requested provide us with satisfactory evidence of the accuracy of such readings, including photographic evidence. 7.7 You agree to allow us or Ofgem safe and reasonable access to your Site to carry out services and exercise rights in connection with this FIT Agreement. 7.8 We reserve the right to check your Generation Unit(s) and Approved Meter(s) from time to time to enable us to confirm the information held on the Central FIT Register. If we find the information you have provided to be incorrect we will notify Ofgem and they will take the appropriate action which may involve terminating this FIT Agreement in accordance with Clause You recognise and agree that it is a requirement that you retain documents and records (including electronic records) in relation to the Approved Generation Unit for a period of five (5) years and make these available for auditing by Ofgem and any organisation appointed by Ofgem. Approved Meter safety and maintenance 7.10 You will ensure that your Approved Meter is protected, maintained in good working order and is in a safe condition. You agree to inform us immediately if the Approved Meter is damaged or interfered with and shall provide us with any necessary details we require You agree that you own and maintain and are responsible for the replacement of Your Approved Generation Meter and your Approved Export Meter (where applicable) You are required to make an annual declaration that the information held by Ofgem on the Central FIT Register is complete and accurate. If at any time during the term of this FIT Agreement the information held by Ofgem on the Central FIT Register is incomplete or inaccurate you will provide us with such assistance as is required by us in updating the Central FIT Register. 8. Payments 8.1 You will only be eligible for Export Payments if your Generation Unit(s) is connected to the Electricity Network. If your Generation Unit(s) is not connected to the electricity network in entering into this FIT Agreement, you declare that it is your intention to use any and all electricity generated by your Generation Unit(s) and you understand and acknowledge that electricity generated but not so used will not be eligible for Export Tariff Payments. 8.2 Where we have received a valid meter reading in respect of the Approved Meter within the timescales specified in Clause 7.5 and subject to us receiving valid meter readings from you by the date two (2) Working Days after the end of the Quarter, we will make Generation Tariff Payments and (if applicable) Export Tariff Payments to you by BACS transfer from the Eligibility Date on the below basis: in accordance with rates published by Ofgem (and currently referenced in the FIT Tariff Tables), as amended from time to time. Where Ofgem revise these rates, we will inform you in your next Payment Statement and your payment will be adjusted to reflect this change; Version: ENGIE Power Limited Page 6 of 9

7 8.3.2 we will make payment to you of the invoiced amount within thirty (30) days of the date of the self-bill invoice; or on such other payment terms as may be agreed in writing between you and us. 8.4 If you dispute a Payment Statement, please contact us immediately and we will work with you to try and resolve the issue. 8.5 If we are notified by Ofgem that you are suspended or removed from the Central FIT Register we will cease Generation Tariff Payments and (if applicable) Export Tariff Payments until we are notified to recommence by Ofgem. In any event, we reserve the right to withhold any FIT Payments from you where we are instructed to do so by Ofgem. 8.6 We reserve the right to reduce, withhold or recoup Generation Tariff Payments and (if applicable) Export Tariff Payments if it has been identified that an error has occurred on behalf of either Ofgem, us or you, including without limitation where Ofgem identifies that you are involved in an abuse of the FIT Scheme and this has been identified on the Central FIT Register. 9. Self-Billing System 9.1 For the purposes of the regulations of HM Revenue and Customs as regards self-billing of payments and charges and the submission of value added tax invoices, the Parties consent to the operation of a self-billing system by us, with effect from the date any sum is due under this FiT Agreement until payment of the final sum due (subject to the implementation of the system hereunder), and will at all times throughout the term of this FiT Agreement maintain such consent. We will send you a self-billing invoice setting out the payments due for the previous quarter following receipt by us of the applicable payment from Ofgem. 9.2 You hereby undertake to do all acts and things reasonably necessary to enable us to comply with the regulations of HM Revenue and Customs as regards self-billing in accordance with this FiT Agreement, including, if applicable and without prejudice to the foregoing generality, confirm to us your value added tax number details immediately following the date of this FiT Agreement; agreeing not to raise any value added tax invoices raised in accordance with this FiT Agreement, (iii) advising us without delay if you cease to be registered for value added tax purposes, transfer your business as a going concern and/or become registered under another value added tax number, and (iv) providing us and/or HM Revenue and Customs with any necessary information pursuant to an audit exercise initiated by HM Revenue and Customs. 9.3 You agree to do all acts and things necessary so as to comply with the regulations of HM Revenue & Customs as regards self-billing, which may include entering into a self-billing agreement with us in our standard form. Any value added tax shall only be payable upon production of a valid VAT invoice. Payment of the self-billing invoice is due from the paying Party to the other Party on the payment date specified on the invoice. 9.4 For the purposes of receiving payment from us, you will provide written confirmation of your bank details to us upon signature of this FiT Agreement (and as may be updated from time to time) and shall submit to a secondary check of those bank details by telephone, or in person. 10. Generation Units not connected to the Electricity Network (Off Grid) 10.1 If your Generation Unit is not connected to the Electricity Network (being Off Grid ): you will not be eligible for any Export Tariff Payment under the FIT Scheme; and by entering into this FIT Agreement, you will be deemed to have made the following declaration: I hereby declare that it is my intention to use any and all electricity generated by my FIT Scheme Generating Units and that I fully understand that any electricity generated but not so used will not be eligible for FITs payments. 11. Opting In and Out of Export Tariff Payments 11.1 Where you have a total installed capacity of more than 30kW and the ability to export by direct connection to the Electricity Network you may opt in to the Export Tariff on the Application Date and then on each subsequent anniversary of that date throughout the FIT Duration on written notice to us Where on the application date you do not have the ability to export by direct connection to the Electricity Network and you obtain this ability at a later date, you may opt in to the Export Tariff by written notice to us on the date an export meter is fitted and then on each subsequent anniversary of that date throughout the FIT Duration Where you have previously opted into the Export Tariff and subsequently wish to opt out on an anniversary of the Commencement Date, you shall provide us with written notice. You acknowledge and agree that we will stop making Export Tariff Payments to you with effect from the date requested providing that in doing so we are not required to act retrospectively. To ensure that you are paid the correct amount, you will need to provide us with the relevant meter readings for all Approved Export Meters. Version: ENGIE Power Limited Page 7 of 9

8 12. Changes of Ownership and Assignment of Rights 12.1 If you are planning to transfer ownership of the Generation Unit(s), you must contact us to request a Transfer of Ownership agreement form. When this form has been completed to our satisfaction we will update the Central FIT Register and write to you and the new Generation Unit owner to confirm that this change has taken place. You acknowledge and agree that you must notify us at least twenty eight (28) days prior to your planned change of ownership and you shall provide the relevant meter readings on the date of the change of ownership If you wish to nominate an alternative Nominated Recipient you should notify us in writing and we will action this instruction as soon as is reasonably practicable. You will remain responsible for complying with all of your obligations under this FIT Agreement, including the provision of meter readings, in order for the alternative Nominated Recipient to receive regular FIT payments. 13. Changes to Your Generation Unit(s) 13.1 You must notify us if you make any changes whatsoever to your existing Generation Unit(s), as this may affect your Generation Tariff and/or Export Tariff Payment. If you fail to notify us of any change (which is later discovered) Ofgem will take appropriate action. In this event, we reserve the right to withhold, adjust and/or recoup payments accordingly If the change to your Generation Unit affects your Generation Tariff rate then the change to the Generation Tariff will take effect from the date on which the change to your Generation Units occurred. We will update the Central FIT Register and a new FIT Plan will be sent to you. 14. Changes to this Statement of Terms and Tariffs 14.1 We may make changes to the Statement of FIT Terms without your consent by giving you written notice as soon as practicable The Generation Tariff and Export Tariff are Retail Price Index linked, so may be subject to change. If this happens, we will inform you of any changes in your next Payment Statement The Government reserves the right to change the Fixed Export Tariff rate and Generation Tariff at any point. If this happens, we will inform you of any changes in your next Payment Statement. 15. Switching to or from another supplier 15.1 If we agree to take over payment of your Generation Tariff Payments and (if applicable) Export Tariff Payments from another supplier, you: (iii) authorise us to cancel your existing statements of terms or agreement(s) with your present FIT Scheme supplier on your behalf; allow us to ask for information about you from your previous FIT Scheme supplier and disclose this information to relevant parties in order to carry out our responsibilities; and agree to provide us with meter readings from your Approved Generation Meter and (where applicable) Approved Export Meter as at the Transfer Date If you inform us that you wish another supplier to take over payment of Your Generation Tariff Payments and/or (if applicable) Export Tariff Payments, you (iii) (iv) agree that you must give us at least twenty eight (28) days prior written notice of such take over if you are to obtain Generation Tariff Payments and/ or (if applicable) Fixed Export Tariff Payments from another supplier; agree to give us meter readings on or prior to the date of takeover by the other supplier in order for us to calculate any outstanding Generation Tariff Payments and/or (if applicable) Export Tariff Payments due to you; hereby authorise us to provide information about you to your new supplier; and hereby authorise us to participate with your new supplier to transfer your FIT Scheme supply to them. 16. Ending this FIT Agreement 16.1 You may terminate this FIT Agreement at any time by giving us prior written notice We may terminate this FIT Agreement forthwith on notice to you where: (iii) (iv) the installed capacity of your Generation Unit(s) exceeds 50kW (on the basis that we are a Voluntary FIT Licensee); you are in breach of any of the terms of this FIT Agreement or the FIT Scheme and we are advised by either Ofgem or the Authority that as such they have removed you from the FIT Scheme; we cease to be a Voluntary FIT Licensee (other than as a result of us becoming a Mandatory FIT Licensee); if the Government withdraws or materially changes the FIT Scheme; or (v) you are no longer our customer pursuant to an electricity supply contract with us. Version: ENGIE Power Limited Page 8 of 9

9 16.3 This FIT Agreement will terminate automatically if you elect to receive Generation Tariff Payments and (if applicable) Export Tariff Payments from another licensed electricity supplier. In these circumstances this FIT Agreement will terminate from the date that the Central FIT Register is updated to reflect that change and Ofgem informs us that the relevant changes have been made. 17. Miscellaneous 17.1 This FIT Agreement is exclusively governed by the laws of England and Wales. Nothing in this FIT Agreement affects your statutory rights We reserve the right to reduce, withhold or recoup FIT payments if it has been identified that you, we or Ofgem have made an error in relation to the FIT Scheme or if Ofgem has identified an abuse of the FIT Scheme We shall not be liable to you in respect of any costs and/or losses that you incur as a result of any incorrect or incomplete information provided by you to us and/or any third party in respect of the matters to which these Terms and Conditions relate Our liability to you arising out of or in connection with these Terms and Conditions shall be limited in its entirety to payment of the Generation Tariff and/or Export Tariff (as applicable) in accordance with these Terms and Conditions, provided always that nothing in these Terms and Conditions shall limit our liability in respect of death or personal injury resulting from our negligence or in respect of any other liability that cannot be limited or excluded by law If you have any issues or complaints relating to this FIT Agreement please contact us immediately and we will work with you to resolve them. If we are unable to resolve your complaint the provisions of the DECC Dispute Resolution Procedure shall apply (accessible at: and where we are unable to resolve your complaint within twelve (12) weeks of you referring the matter to us, you could forward your complaint to the Energy Ombudsman, or where your complaint relates to FIT Accreditation, you may consult the relevant FIT Accreditation body (being Ofgem or MCS) If you dispute any of the information held on the Central FIT Register, please contact us in the first instance and where we find such information to be inaccurate, we will update the Central FIT Register as soon as is reasonably practicable This FIT Agreement is completely separate from any supply agreement which you may hold with us. Any charges for an electricity supply are separate from this Agreement. 18. Data Protection 18.1 We and Ofgem will use information we have about you, your Generation Unit(s) and any Nominated Recipient to administer your participation in the FIT Scheme, including reporting and auditing and for performing our obligations contained in this FiT Agreement and in relation the scheme generally We will use the information we have about you and your Generation Unit for purposes including market research, billing and providing up to date information on energy efficiency and safety issues Any calls between you and us may be monitored or recorded for training purposes. Version: ENGIE Power Limited Page 9 of 9