Leo Varadkar (Dublin West, Fine Gael)
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Question 159: To ask the Minister for Communications, Energy and Natural Resources when he will respond to correspondence from this Deputy in respect of a person (details supplied) and directly to the person; if he will address in detail the points raised by the person; and if he will make a statement on the matter. [45514/10]

Eamon Ryan (Dublin South, Green Party)
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The individual is the operator of a 4.62 MW wind farm based in County Cork. He built his wind farm in November 1999 under the Alternative Energy Requirement (AER) 3 competitive tendering scheme. He was successful in the tender entered a 15 year power purchase agreement with ESB (the contracting partner (as Public Electricity Supplier) for all AERs). The AER scheme is funded via the PSO levy.

In late 2008, after some nine years in AER, the individual chose of his own volition to leave the AER scheme and enter the Single Electricity Market (SEM) on a stand-alone basis. One of the conditions of leaving the AER scheme is that individuals/companies have no right of return. In January 2010, the individual requested an application form for the REFIT scheme. The Department advised him that REFIT is only open for renewable generation to be newly constructed. Under European Commission State Aid environmental rules, it is not possible to provide a feed in tariff to existing renewable generation projects which has already benefitted from a support scheme.

Officials from my Department and myself have met the individual concerned and discussed matters relating to the REFIT scheme (meetings took place in January and April 2010) and have endeavoured to respond to queries and concerns. My latest substantive reply to the individual on matters raised by him was on 14 October 2010. The individual has also made a complaint to the European Commission in relation to Ireland's State aid application for the extension of the existing REFIT scheme. My Department is not in a position to respond to these specific complaints pending conclusion of the deliberative process with the Commission on the State Aid application.