Lynn Boylan (Sinn Fein) | Oireachtas source

I move amendment No. 12:

In page 13, between lines 10 and 11, to insert the following: “(c) in section 10A, by the substitution of the following for subsection (7):

“(7) Subject to subsection (7A), an operator may refuse to enter into an agreement under subsection (2)—

(a) on the basis of a lack of capacity in its facility save where it is economical for the operator to make the necessary enhancements to the capacity of the facility in accordance with such conditions as may be specified by the Commission in a direction made under subsection (4);

(b) on the basis of a lack of connection to that facility save where the person making the request is willing to pay for such a connection in accordance with such conditions as may be specified by the Commission in a direction made under subsection (4);

(c) where, to enter into an agreement under this section would be likely to involve the operator in a contravention or a breach of—

(i) this Act, the Electricity Regulation Act 1999, the Gas (Amendment) Act 2000, or the Gas (Interim) (Regulation) Act 2002,

(ii) regulations made under any of the aforesaid Acts,

(iii) the conditions of any licence granted or consent given to the pipeline operator under this Act or the Gas (Interim) (Regulation) Act 2002,

(iv) the code of operations (within the meaning of section 13 of the Gas (Interim) (Regulation) Act 2002) of the operator, or

(v) a public service obligation imposed on the operator by an order made under section 21(1) of the Gas (Interim) (Regulation) Act 2002;

(d) where the person making the application does not undertake to be bound by the terms of the code of operations of the operator referred to in paragraph (c)(iv) in so far as those terms are applicable to that person; or

(e) where, to enter into an agreement under this section would be likely to involve the breach of the carbon budget programme or sectoral emissions ceilings as made under the Climate Action and Low Carbon Development (Amendment) Act 2021.”,”.