Key Benefits:
Minister of Economy and Finance and Minister of Ecology, Sustainable Development and Energy,
Considering the energy code, including articles L. 121-28 and L. 314-1;
Vu le Decree No. 2000-1196 of 6 December 2000 setting by category of installations the power limits of the installations that can benefit from the obligation to purchase electricity, including Article 2;
Vu le Decree No. 2001-410 of 10 May 2001 relating to the conditions for the purchase of electricity produced by producers under the obligation to purchase, including Article 8;
Considering the decision of 3 July 2001 setting out the technical characteristics of the cogeneration facilities that may benefit from the requirement to purchase electricity;
In light of the amended decision of 31 July 2001, setting out the conditions for the purchase of electricity produced by the cogeneration and heating systems, such as those covered by theArticle 3 of Decree No. 2000-1196 of 6 December 2000 setting by category of installations the power limits of the installations that can benefit from the obligation to purchase electricity;
In view of the 14 December 2006 decision on the refurbishment of valued electricity and heat cogeneration facilities such as those covered byArticle 3 of Decree No. 2000-1196 of 6 December 2000 ;
Considering the opinion of the Higher Energy Council of 24 September 2013;
In light of the opinion of the Energy Regulatory Commission dated 12 September 2013,
Stop:
Section 2 of the above-mentioned decision of 31 July 2001 is replaced by the following provisions:
"Art. 2.-The producer's installation is described in the purchase contract, which specifies its main features:
1. Number and types of generators.
2. Maximum electrical power installed.
3. Delivery point.
4. Delivery voltage.
5. Electric power guaranteed in winter.
6. Gas service area to which the installation is connected (Nord H, North B, South and TIGF). It is certified by a copy of the connection contract with the gas transmission or distribution network manager communicated to the purchaser or, if not, a certificate produced by the network manager to which the installation is connected.
7. Installation address."
Section 3 of the above-mentioned decision of 31 July 2001 is replaced by the following provisions:
"Art. 3.-The rate winter is between November 1, at 2 a.m., and April 1, at 2 a.m. The rate summer is between April 1, at 2 a.m., and November 1, at 2 a.m. The producer may also choose to start the rate winter on any day of November and, in the same way, may choose to end the rate winter on any day of March. The rate summer period is adjusted accordingly."
Section 5 of the above-mentioned decision of 31 July 2001 is replaced by the following provisions:
"Art. 5.-The producer guarantees an electrical power PGH during the (or) call period (s) during the tariff winter. The rates of the supplied electrical energy are different depending on whether or not this power is respected; the modalities are set out in annexes 1.2 and 3.
The guaranteed electric power is specified in the purchase contract. It may be amended by changing, on the anniversary dates of the contract, to the producer's initiative, within the limit of three amendments, for the duration of the contract, without changing the due date of the contract. »
After article 3 of the above-mentioned decision of 31 July 2001, an article 3 bis is added:
« Art. 3 bis.-1° During the rate winter defined in section 3, the producer may choose between three operating modes:
― the "continuous week full" mode. In this case, the call period is equal to the entire rate winter;
― the "continuous working days" mode. In this case, the producer only guarantees the PGH power during the working days of the winter rate, excluding holidays. The call period is Monday, 8 a.m., Friday, 8 a.m. For a holiday preceded by a working day, the appeal period ends the day before, at 20 hours. For a holiday followed by a working day, the appeal period resumes the next day at 8 a.m. The period between 24 December, 2 hours, and 2 January, 2 hours, may also be excluded from the producer's application period;
― the mode "available to the electrical system". The energy production decision is taken by the purchaser according to the needs of the electrical system. The minimum call period is twenty-four hours. The notice of appeal is at least fifteen hours. The appeal periods are contained in the tariff winter. The purchaser ensures that the call periods of the facilities at the disposal of the electrical system are determined so that the remuneration of the active electrical energy provided is, on average over the period, less than the market prices of the electricity used for the calculation of the CSPE compensation.
The choice of mode can be changed every month. The terms and conditions of this choice and the conditions of switching on the first day of the month are fixed in the purchase contract. These include minimum delays in the buyer's preference;
2° During the tariff summer set out in section 3, the producer has the ability to leave its installation in service and provide the purchaser with the energy produced. The active electrical energy provided is then paid at the rates of payment of the positive deviations on the adjustment mechanism, averaged over the day, provided that the producer complies with the time limits set in the contract;
3° During the rate winter and outside of the call periods defined in 1° above, the producer also has the ability to leave its installation in service and provide the purchaser with the energy produced. He then benefits from the remuneration set at 2° of this article. »
Section 4 of the above-mentioned decision of 31 July 2001 is replaced by the following provisions:
« Art. 4.-1° The applicable rates, expressed without VAT, include:
― an active electric energy compensation provided dependent on the chosen operating mode, guaranteed electric power, reference efficiency, availability and energy efficiency. The calculation methods are defined in Appendix 1;
– a fixed premium function of the connection voltage of the installation and the respect of the guaranteed electric power. The calculation methods are defined in annexes 2 and 3;
2° The date of the complete purchase contract application by the producer determines the reference electric output and the rates applicable to a facility. The date of the full contract application is the date of the stamp of the post on the envelope containing the letter of contract request sent by the producer to the purchaser, recommended with acknowledgement of receipt. This application is considered to be complete when it contains a technical annex to verify compliance with the technical characteristics defined by the modified July 3, 2001 order, established on the basis of the model made available by the obligated purchaser, supplemented and referred by an organization entitled to an accreditation issued by the national accreditation body according to the standard NF EN ISO/ CEI 17020 for the field of electricity and the copy of the recess mentioned in the urban code 23
If the date of the full purchase contract application is prior to October 19, 2013, and the commissioning is effective no later than November 1, 2014, the reference return used in Schedule 1 to calculate the active energy compensation provided is set at 54% and the pay proportional to the power is that set out in Appendix 2. In the case of cogeneration facilities whose contracts are referred to in Article L. 121-27 of the Energy Code, remuneration proportional to power is not amended and the remuneration of the active energy provided corresponds to that of Schedule 1.
If the date of the full purchase contract application is after October 19, 2013, the reference return used in Schedule 1 to calculate the remuneration of the active energy provided is set at 56% and the pay proportional to the power is that set out in Appendix 3;
3° If the full purchase contract application is made before December 31, 2001, the applicable rates are those in Appendices 1.2 and 3;
If the full purchase contract application is made after December 31, 2001, the applicable fixed premium set out in Annexes 2 or 3 as well as the term proportional pay (RP) defined in Schedule 1 and the energy efficiency premium defined in Schedule 1 3 is indexed to January 1 of the year of the application by application of the coefficient (0.99) n × K, where K is defined below and n is the number of 2002 This indexation does not apply to the other terms of Schedule 1.
K = 0.5 (ICHTrev-TS-IME/ ICHTTS1o) + 0.5 (IA/ PsdAo)
Formula in which:
1° ICHTrev-TS-IME is the last known value as of January 1st of the year of the application of the revised working hourly cost index (all employees) in the mechanical and electrical industries;
2° IA = 0.65 (FM0ABE0000/ PPEI0704) + 0.35 (TCH/TCH0704) × PsdA0704
Formula in which:
(a) TCH is the last known final value as of January 1 of the year of demand for the Transport, Communications and Hospitality Services Index, Coffee, Catering;
(b) FM0ABE0000 is the last known final value as of January 1st of the year of demand for the French industry's production price index for the "French market ― combined industry ― A10 BE ― starting factory price" series;
(c) TCH0704 is the final value of the transport, communications and hotel services index, cafes, catering for the month of July 2004, after division by the appropriate coefficient (from 112.3 to 1 September 2013);
(d) PPEI0704 is the final value of the PPEI index for the month of July 2004, after division by the values of the appropriate connection coefficients ( 89.6 to 1 September 2013);
(e) PsdA0704 is the value of the miscellaneous goods and services index A for July 2004, or 115,5;
3° (a) PsdAo is the last known value as 31 August 2001, 112.2;
(b) ICHTTS1o is the last value of the ICHTTS1 index known as 31 August 2001, after division by the value of the appropriate connection coefficient (i.e., 79.2 to 1 September 2013). »
Section 6 of the amended 31 July 2001 Order is replaced by the following provisions:
« Art. 6.-1° Can benefit from a contracting party, under section L. 121-28 of the Energy Code, in accordance with the tariff terms defined in section 4 of this Order, a cogeneration facility whose date of signature of the purchase contract is before 19 October 2013 and whose primary energy saving Ep, as defined in paragraph 2 of the above-mentioned amended decision of 3 July 2001, is equal to 5%. For these installations, the primary energy saving is calculated according to the formula defined in paragraph 2 (a) of the modified July 3 order referred to from the data observed during the last period of continuous operation. This amendment deals with the residual period of the current contract;
2° May be granted a contract in accordance with the tariff terms set out in Article 4 of this Order, to the extent that it respects, on the date of full application for the purchase contract by the producer, the conditions of the decrees of the 6 December 2000 and 10 May 2001 A cogeneration facility, referred to in the technical annex described in section 4 and as defined in paragraph 2(a) of the above-mentioned July 3, 2001, is greater than or equal to 10% and is first in service after August 31, 2001, if any, as part of a remodeling operation within the meaning of the Order of December 14, 2006. The contract is concluded for a period of twelve years from the commissioning of the facility;
3° Can also benefit from a contract in accordance with the tariff terms defined in section 4 of this Order a cogeneration facility that was first put into service after 31 August 2001, if applicable in the context of a renovation operation within the meaning of the 14 December 2006 order referred to above, the date of the full contract application is earlier than 19 October 2013 and the commissioning takes place no later than 1 November 2014, and the primary of which is The contract is entered into for a period of twelve years from the commissioning of the facility.
This service must take place within two years from the date of full application of contract by the producer. In the event that this period exceeds, the duration of the contract is reduced as much."
Section 7 of the above-mentioned Order of July 31, 2001 is repealed.
Section 8 of the above-mentioned Order of July 31, 2001 is repealed.
Section 9 of the above-mentioned decision of 31 July 2001 is replaced by the following provisions:
"Art. 9.-Each purchase contract contains the indexing provisions of the fixed premium set out in Annexes 2 or 3 as well as the proportional pay term (RP) defined in 1° of Schedule 1 and the energy efficiency premium defined in 3° of Schedule 1. This indexation is carried out annually by the application of the L coefficient defined below:
L = 0.2 + 0.6 (ICHTrev-TS-IME/ ICHTTS1o) + 0.2 (IA/ IAo)
Formula in which:
1° ICHTrev-TS1-IME is the last known value as of 1 November of each year of the hourly cost index of revised work (all employees) in the mechanical and electrical industries;
2° Before November 15, 2004, IA = PsdA, where PsdA is the last known value as November 1 of each year of the Miscellaneous Products and Services Index A.
After 15 November 2004:
IA = 0.65 FM0ABE0000/ PPEI0704 + 0.35 (TCH/ TCH0704) × PsdA0704)
Formula in which:
(a) TCH is the last known value on 1 November of each year of the Transport, Communications and Hospitality Services Index, Coffee, Catering;
(b) FM0ABE0000 is the last known value on November 1st of each year of the French industry's production price index for the "French market ― industry as a whole ― A10 BE ― factory start price" series;
(c) TCH0704 is the final value of the transport, communications and hotel services index, cafes, catering for the month of July 2004, after division by the appropriate coefficient (from 112.3 to 1 September 2013);
(d) PPEI0704 is the final value of the PPEI index for the month of July 2004, after division by the values of the appropriate connection coefficients ( 89.6 to 1 September 2013);
(e) PsdA0704 is the value of the miscellaneous goods and services index A for the month of July 2004;
3° (a) IAo is the last value of IA known at the effective date of the purchase contract;
(b) ICHTTS1o is the last value of the ICHTTS1 index or the ICHTrev-TS-IME index known as the effective date of the purchase contract. »
Appendix 1 to the above-mentioned decision of 31 July 2001 is replaced by Appendix 1 to this Order.
Appendix 2 to the above-mentioned decision of 31 July 2001 is replaced by Appendix 2 to this Order.
Appendix 3 to the above-mentioned decision of 31 July 2001 is replaced by Appendix 3 to this Order.
The Director General of Energy and Climate is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E 1
REMUNERATION OF ELECTRICAL ENERGY
The active electrical energy provided is charged to the purchaser on the basis of the amounts defined in this annex.
These prices are expressed in c €/ kWh excluding VAT.
Apart from the appeal periods defined in Article 3 bis, the remuneration of the active energy provided is equal to the daily average of the rate of payment of positive deviations on the adjustment mechanism.
During the appeal periods defined in Article 3 bis, these amounts are determined by the sum of five components defined below: a proportional remuneration based on the guaranteed electrical power and the connection voltage; compensation for the gas price; a prime function of the primary energy economy; compensation for the taxes to which cogenerations are subject; compensation covering the cost of CO2.
1° Proportional pay (RP)
The level of remuneration is fixed according to the guaranteed electric power and the connection voltage, according to the conditions set out in the table below.
| HTA/BT (middle and low voltage) | 0.58 ― 0.015 × (0,001 × PGH ― 5) with PGH expressed in kW with 0.51 ≤ RP ≤ 0.6 |
| HTB (high voltage) | 0.58 ― 0.015 × (0,001 × PGH ― 5) with PGH expressed in kW with 0.48 ≤ RP ≤ 0.51 |
| 225 kV | 0.31 |
2° Compensation of gas price (RGaz)
This compensation is paid monthly. RGaz (M) is determined by the sum of three components:
| Remuneration of the gas molecule (c €/ kWh) | Monthly average day ahead price "end of day" (EOD), possibly capped according to the mechanism described below, expressed in c €/ kWh PCS, divided by 0.9 and divided by the reference PCI output defined in section 4. For facilities connected to North H and North B zones, the value is the North PEG EOD index. For installations connected to the South and TIGF areas, the value is the PEG EOD Sud index. |
| Reimbursement of gas delivery costs (c €/ kWh) | 0.241 c €/ kWh PCS, divided by 0.9, divided by the PCI reference output of the facility defined in section 4. The value of 0.241 c €/ kWh PCS corresponds to the application of the tariff for the use of natural gas transmission networks in effect as of April 1, 2013, with a capacity of more than 400 MW, connected to the gas transport network and having a NTR of 3.27, running 24 hours a day, available 95% of the time and benefiting from an oversubscription of 7.5%. This remuneration will be updated annually on the basis of changes in the use of natural gas transport networks as decided by the Energy Control Board. |
| Compensation for taking into account costs and costs related to the supply of gas on the market (c €/kWh) | 0,1 c €/ kWh PCS, divided by 0.9, divided by the PCI reference output of the facility defined in section 4. |
3° Energy Efficiency Award
It is defined by the following formula: 13 × (Ep ― 0.1) in c €/ kWh produced.
The Ep primary energy economy is defined by the formula in paragraph 2 (a) of the above-mentioned decision of July 3, 2001.
The total annual amount of this premium is capped at 190 k €/year. The energy efficiency premium has a positive or zero value.
In the configuration "available to the electrical system", and in the event that, during the time of making available, the purchaser does not call the installation in a sufficiently significant manner to allow the calculation of Ep, it will be taken equal to the value observed in the previous year. If the installation does not have a history, the two parts will come closer to adapting the existing rule.
4° Remuneration covering taxes
cogeneration and for which the law provides compensation
In accordance with the legislation in force on October 19, 2013, cogeneration facilities with a contract of purchase are offset by the domestic natural gas consumption tax referred to in theArticle 266 quinquies of Customs Code.
| ICTGN (c €/kWh) | |
| | 0,119 c €/ kWh PCS divided by 0.9, divided by the PCI reference output of the facility defined in section 4. The value of 0.19 c €/ kWh PCS corresponds to the value of the ICTGN on October 19, 2013. |
5° Carbon cost
| Quotas CO2 (c €/ kWh) | |
| | 0.0185 × CO2 price divided by 0.9, divided by PCI reference output of the facility defined in section 4. In this formula, the price of CO2 is equal to the average of the closing prices of the EUA for the Dec N contract (N year in progress), as published by ECX ― ICE, on the listed days, under the title "ECX EUA Futures". |
A N N E X E 2
PROPORTIONAL REMUNERATION TO THE GARANTAN PUISSANCE FOR INSTALLATIONS ON THE CONTRACTING DATE FOR THE 19 OCTOBER 2013
1° The buyer pays at the end of each winter month M, for the provision by the producer of the guaranteed electric power stipulated in the contract, a fixed premium. The amount of this fixed premium is calculated as below. Payment terms are specified at 5°.
The annual fixed PF premium is equal to:
PF = PGH × { TB × F (DM) + AG × Ndispo + CD × Ndem }
Formula in which:
― PGH is the electric power guaranteed by the producer in winter, included in the contract;
TB is the annual base rate of the fixed premium defined at 2° of this annex;
AG is the annual amount of fixed costs associated with the natural gas supply, the value of which is set out in 4° of this annex;
Ndispo is the number of winter months where the installation is made available to the electrical system;
Ndem is a number of start-ups defined as follows:
― when the installation works in "continuous full week" mode, Ndem equals zero;
― when the installation works in "continuous working days" mode, Ndem is equal to the number of start-ups expected during the winter period resulting from the application of this operating mode. This number is defined before each winter period by considering the first start of Mondays and the day after holidays followed by a working day;
― when the installation is in the mode "available to the electrical system", Ndem is equal to the number of first effective startups of the installation in response to a buyer's call;
― CD is the fixed payment corresponding to the boots defined above. Its value is at 4° of this annex;
F (DM) is the following coefficient:
| If DM < 0,90 | F (DM) = 0.95 ― (0.90 ― DM) × 1.5 | With F (DM) ≥ 0 |
| If 0.90 ≤ DM < 0.95 | F (DM) = 1 ― (0.95 ― DM) | |
| If DM = 0.95 | F (DM) = 1 | |
| If DM = 0.95 | F (DM) = 1 + (DM – 0.95) x 0.5 | With F (DM) ≤ 1.025 |
2° Values of annual base rate
| HTA and BT (middle and low voltages) | 144.94 ― 1.71 × (0,001 × PGH ― 5) with PGH expressed in kW (with 136,39 ≤ TB ≤ 153,49) |
| HTB (high voltage) | 144.94 ― 1.71 × (0,001 × PGH ― 5) (with 132.97 ≤ TB ≤ 136.39) |
| 225 kV | 85.11 |
3° Availability
The actual availability in winter (DE) is defined as the ratio of energy actually delivered during the call periods under an instantaneous power of less than or equal to 1.075 times the PGH guaranteed electric power, on the energy that the installation would have delivered if it had operated under the electrical power guaranteed permanently during the call period.
The energy generated by the cogeneration facility outside the call periods is not recorded in the calculation of the actual availability.
For installations in "continuous full week" mode or "continuous working days" mode, the average availability DM is equal to the effective availability DE.
1. Special case for the mode "available to the electrical system":
In the event that the producer has chosen the mode "available to the electrical system" and if the installation uses turbines, the producer may choose to correct the actual availability according to the average outside temperature observed on the call periods, as described below. If the Tm external temperature, calculated on average over the call periods, exceeds 5° C, the actual availability of DE is corrected by applying the following multiplier coefficient:
KTm = 100/ ( – 0.67 × Tm + 103.35).
The average availability (DM) is calculated by weighting the actual availability of DE, possibly corrected according to the above provisions, by the reference availability (0.95) applied over a reference call period (Hr), as follows:
DM = (DE × H + 0.95 × (Hr ― H))/ Hr if H ≤ Hr.
DM = DE if H ✱ Hr.
Formulas in which:
H is the number of hours corresponding to the appeal periods;
Hr = (N/5 × Ho) ― Hi;
― Hi is the number of hours of scheduled unavailability of the facility, capped at 300 hours;
― Ho = 1,440 hours;
― N is the number of months when the installation is in the mode "available to the electrical system".
4° Fixed payments
| 7.62 | 1.83 |
5° Payment method
The premium is paid monthly as follows:
– the monthly fixed PFM premium, except March, is equal to: PFM = PGH × TBM × 0.95;
– the March fixed premium PFMmars is equal to: PFMmars = PF ― 4 × (PGH × TBM × 0.95),
formulae in which TBM is the base rate of the monthly fixed premium, equal to the fifth of the annual TB base rate defined above.
A N N E X E 3
PROPORTIONAL REMUNERATION TO THE GARANTAN PUISSANCE FOR INSTALLATIONS ON THE CONTRACTING DATE IS POSTOR TO 19 OCTOBER 2013
1° The buyer pays at the end of each winter month M, for the provision by the producer of the guaranteed electric power stipulated in the contract, a fixed premium. The amount of this fixed premium is calculated as below. Payment terms are specified at 6°.
The annual fixed PF premium is equal to:
PF = PGH × CE × { TB × F (DM) + AG × Ndispo + CD × Ndem }.
Formula in which:
PGH is the electric power guaranteed by the producer in winter, included in the contract;
TB is the annual base rate of the fixed premium defined at 2° of this annex;
CE is the coefficient to the energy efficiency of the fixed premium, the value of which is defined in 5° of this annex;
AG is the annual amount of fixed costs associated with the natural gas supply, the value of which is set out in 4° of this annex;
Ndispo is the number of winter months where the installation is made available to the electrical system;
Ndem is a number of start-ups defined as follows:
― when the installation works in "continuous full week" mode, Ndem equals zero;
― when the installation works in "continuous working days" mode, Ndem is equal to the number of start-ups expected during the winter period resulting from the application of this operating mode. This number is defined before each winter period by considering the first start of Mondays and the day after holidays followed by a working day;
― when the installation is in the mode "available to the electrical system", Ndem is equal to the number of first effective startups of the installation in response to a buyer's call;
CD is the fixed payment corresponding to the boots defined above. Its value is at 4° of this annex;
F (DM) is the following coefficient:
| If DM < 0,90 | F (DM) = 0.90 ― (0.90 ― DM) × 3 | With F (DM) ≥ 0 |
| If 0.90 ≤ DM < 0.95 | F (DM) = 1 ― (0.95 ― DM) × 2 | |
| If DM = 0.95 | F (DM) = 1 | |
| If DM = 0.95 | F (DM) = 1 + (DM – 0.95) × 0.5 | With F (DM) ≤ 1.025 |
2° Values of annual base rate
| HTA and BT (middle and low voltages) | 144.94 ― 1.71 × (0,001 × PGH ― 5) with PGH expressed in kW (with 136,39 ≤ TB ≤ 153,49) |
| HTB (high voltage) | 144.94 ― 1.71 × (0,001 × PGH ― 5) (with 132.97 ≤ TB ≤ 136.39) |
| 225 kV | 85.11 |
3° Availability
The actual availability in winter (DE) is defined as the ratio of energy actually delivered during the call periods under an instantaneous power of less than or equal to 1.075 times the PGH guaranteed electric power, on the energy that the installation would have delivered if it had operated under the electrical power guaranteed permanently during the call periods.
The energy generated by the cogeneration facility outside the call periods is not recorded in the calculation of the actual availability.
For installations in "continuous full week" mode or "continuous working days" mode, the average availability DM is equal to the effective availability DE.
1. Special case for fashion
"available to the electrical system"
For an installation in the "Electronic System" mode over a given month of the tariff winter, the average availability of DM (M) over this month is equal to the actual availability of DE if at least one call has been made, or to the availability of reference (0.95). DM (M) can also not be less than 60% for a month in which the installation is in the mode "available to the electrical system".
In all cases, the average winter DM availability is the average monthly availability.
4° Fixed payments
| 7.62 | 1.83 |
5° Value of the coefficient to energy efficiency
fixed premium
| If Ep = 10% | EC = 0.9 |
| If Ep = 16% | EC = 1 |
| If Ep = 40% | EC = 1.05 |
6° Payment method
The premium is paid monthly as follows:
– the monthly fixed PFM premium, except March, is equal to: PFM = PGH × TBM × 0.95;
– the March fixed premium PFMmars is equal to: PFMmars = PF ― 4 × (PGH × TBM × 0.95).
Formulas in which TBM is the base rate of the monthly fixed premium, equal to the fifth of the annual TB base rate defined above.
Done on 11 October 2013.
The Minister of Ecology,
Sustainable Development
and energy,
For the Minister and by delegation:
Deputy Director of Energy,
Mr. Pain
Minister of Economy and Finance,
For the Minister and by delegation:
Chief of Service
Protection of Consumers
and the regulation of markets,
S. Martin
