Section 19B applies to a storage facility, except as provided in subsections (1A) and (1B).
Section 19B does not apply to a storage facility if it is subject to a minor facility exemption under section 8S.
Section 19B does not apply to a storage facility if, or to the extent that, it is exempt under this section.
The Authority must maintain on its website a list of the facilities to which section 19B applies.
If only part of the capacity of a storage facility is exempt under this section, the list under subsection (1C) must specify the extent to which section 19B applies to the facility.
A person who is or expects to be an owner of a storage facility may apply in writing to the Director for an exemption under this section with respect to the facility.
An application under subsection (2) must relate to—
A modification (or proposed modification) falls within this subsection if it is—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An exemption under this section must be given in writing and on the following terms—
When determining a term under subsection (3) the Authority must take into account—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the Authority receives an application under subsection (2) in relation to a facility or modification, it must give an exemption if it is satisfied that —
An exemption given in accordance with subsection (6) may apply to all of the capacity of the facility concerned or to part of that capacity only, regardless of the extent of the exemption applied for; but this is subject to subsection (7).
In respect of a facility which is or is to be modified to provide for a significant increase in its capacity, an exemption by virtue of subsection (6)(b) may only be given in relation to that increase in its capacity or part of that increase in its capacity.
When deciding whether the requirements of subsection (8)(a), (d) and (e) are met, the Authority must take into account the way in which capacity is to be allocated under the capacity allocation mechanism approved in accordance with section 19DB.
The requirements of this subsection are that—
Subject to subsections (9A) and (10), an exemption may not be given by virtue of subsection (6)(b) more than once in respect of the same facility.
Subsection (9) does not prevent a further exemption being given by virtue of subsection (6)(b) in respect of a facility if the previous exemption given by virtue of that provision in respect of the facility has been revoked under section 19AA(5).
Subsection (9) does not prevent a further exemption being given by virtue of subsection (6)(b) in respect of a facility if—
the facility is or is to be modified to provide for a significant increase in its capacity or to enable the development of new sources of gas supply;
the exemption has effect only in relation to that modification; and
no previous exemption has been given by virtue of subsection (6)(b) in relation to that modification.
The Authority shall publish its decision to give or refuse to give an exemption under this section, together with the reasons for its decision, in such manner as it considers appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .