Part 2: Carbon dioxide capture, storage etc and hydrogen production, transport and storage Chapter 1: Revenue Support Contracts Section 78: Modification of standard terms
Section 78 enables a hydrogen production or carbon capture counterparty to agree modifications to the standard terms with low carbon hydrogen producers or carbon capture entities, on a case-by-case basis, pre-signature. These adjustments may be required because while the standard terms should be applicable for most low carbon hydrogen producers or carbon capture entities, it is not possible for the standard terms to anticipate every technology or project specific issue.
	This flexibility is constrained in order to reduce the risk of applicants using it to negotiate improvements to the standard terms for competitive reasons. Subsection (3) specifies that a modification can only be agreed if it is both ‘minor’ and ‘necessary’, as determined by a hydrogen production or carbon capture counterparty, following any relevant provision made in regulations. Modification can also only be agreed if the standard term has not been designated under section 74(5) as a term that may not be modified under this section. Subsection (4) provides for further provision to be made in regulations, including regarding the circumstances in which an applicant may request a modification, the procedure to be followed in requesting a modification, and how a hydrogen production or carbon capture counterparty is to make a determination on such a request.