5. (1) There shall be imposed by the Commission on the Board a requirement to take such steps and make such arrangements as are necessary-

(a) construct and commission the peat generating station specified at paragraph 2 of Part 2of Schedule 1 in such manner as to ensure that such station is in operation not later than 28 February 2005, which station shall when constructed use indigenous peat as its primary energy fuel source and to ensure that, when constructed, and subject to the provisions of this Order, throughout the period referred to in Article 4, which relates to that generating station, the Board has available to it the amount of electricity generated by that generating station; and

(b) to construct and commission the peat generating station specified at paragraph 3 of Part 2 of Schedule 1 in such manner as to ensure that such station is in operation not later than 1 January 2005, which station shall when constructed use indigenous peat as its primary energy fuel source and to ensure that, when constructed, and subject to the provisions of this Order, throughout the period referred to in Article 4, which relates to that generating station, the Board has available to it the amount of electricity generated by that generating station; and

(c) to secure that, with effect from 1 January 2003, the Board has available to it and purchases the amount of electricity generated by the generating station the subject matter of the PPA referred to in Part 1 of Schedule 1 being a generating station which uses indigenous peat as its primary energy fuel source, and to ensure that, subject to the provisions of this Order, throughout the period referred to in Article 4 the Board has available to it the amount of electricity generated by that generating station; and

(d) to secure that, with effect from 1 January 2003, subject to paragraph (2) the Board has available to it and purchases the amount of electricity generated by the generating stations referred to in paragraph 1 of Part 2 of Schedule 1 being generating stations which use indigenous peat as their primary energy fuel source, and to ensure that, subject to the provisions of this Order, throughout the period referred to in Article 4 the Board has available to it the amount of electricity generated by those generating stations, and

(e) to purchase such amount of peat harvested within the State as is required to generate the electricity to be produced by the generating stations referred to in F27[subparagraphs (a) and (b)] on terms having equivalent economic effect (as determined by the Commission) as the terms of the fuel supply agreement made between Bord na Mona and Edenderry Power Limited which agreement relates to the generating station referred to at paragraph 1 of Part 1 of Schedule 1,

provided that the amount of peat used in any calendar year to generate that electricity shall not exceed 15 per cent of the overall primary energy necessary to produce the electricity consumed in the State in that year.

(2) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraph 1 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity from any of the individual stations for a period beyond the date specified in paragraph 4.16 of the Notification as the projected closure date in respect of each station concerned.

(3) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraphs 2 and 3 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity for a period in excess of 15 years and in any event not beyond 31 December 2019.

(4) The obligation to have available to it, and purchase, as appropriate, the electricity generated by the stations referred to at paragraph 1 of Part 2 of Schedule 1 shall not require the Board to have available to it, and purchase, as appropriate, such electricity from the Rhode U3 generating unit, the Board, having determined that the generating unit concerned is beyond economic repair.