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23 1999

ELECTRICITY REGULATION ACT, 1999

PART V

Access to Transmission and Distribution Systems

Preparation of grid code and distribution code.

33. —(1) Subject to subsection (2), within such time and following such consultation as the Commission may direct, the Board shall make regulations, subject to the approval of the Commission, setting out a grid code in relation to the transmission system of the Board and a distribution code in relation to the distribution system of the Board.

(2) The Commission may from time to time give directions to the Board in respect of—

(a) the matters to be specified in the grid code and the distribution code, and

(b) the review and revision by the Board from time to time of the grid code and the distribution code,

and the Board shall comply with directions given by the Commission under this section.

(3) All releases of information under this section shall be made available within one month of any request for same.

Terms for connection to and use of transmission or distribution system.

34. —(1) Subject to subsection (4), where an application is made to the Board by any person, the Board shall offer to enter into an agreement for connection to or use of the transmission or distribution system, subject to terms and conditions specified in accordance with directions given to the Board by the Commission under this section from time to time.

(2) Without prejudice to the generality of subsection (1), directions given by the Commission under this section may provide for:

(a) the matters to be specified in an agreement for connection to and use of the transmission or distribution system;

(b) the matters to be specified in an agreement for use of the transmission or distribution system;

(c) the terms and conditions upon which an offer for connection to the transmission or distribution system is made;

(d) the methods for determining the proportion of the costs to be borne by the person making the application for connection to the transmission or distribution system and to be borne by the Board being costs which are directly or indirectly incurred in carrying out works under an agreement or making a connection or modifying an existing connection;

(e) the terms and conditions upon which applications for an agreement are to be made and the period of time within which an offer or refusal pursuant to an application is to be made by the Board; and

(f) any other matters which the Commission considers necessary or expedient for the purpose of making an offer for connection to or use of the transmission or distribution system,

and the Board shall comply with directions given by the Commission under this section within such time period as may be specified by the Commission.

(3) An offer made under subsection (1) to a person who is not the holder of a licence under section 14 or an authorisation under section 16 or an eligible customer shall be subject to the grant of a licence or authorisation to that person or to that person becoming an eligible customer.

(4) The Board shall not be required under subsection (1) to enter into an agreement where—

(a) it has demonstrated to the satisfaction of the Commission that it is not in the public interest to provide additional capacity to meet the requirements to be imposed by that agreement,

(b) to enter into an agreement under this section would be likely to involve the Board:

(i) in a breach of this Act;

(ii) in a breach of regulations made under this Act;

(iii) in a breach of the grid code or distribution code; or

(iv) in a breach of the conditions of any licence or authorisation granted to the Board under this Act,

or

(c) the person making the application does not undertake to be bound by the terms of the grid code or distribution code in so far as those terms are applicable to that person.

(5) Where the Board refuses to offer to enter into an agreement under this section the Board shall serve notice on the applicant of the reasons for such refusal.

(6) Any dispute between the Board and any person who is, or claims to be, a person to whom the Board is obliged to make an offer for connection to and use of the transmission or distribution system (and whether as to the making of an offer, the terms offered, the proposed charges or otherwise)—

(a) where an offer is made by the Board, or

(b) where an offer is refused by the Board,

may, upon the application of that person, be determined by the Commission and the Board shall comply with and be bound by any such determination.

(7) In order to secure compliance with a determination made under this section the Commission may apply in a summary manner on notice to the High Court for an order requiring the Board to comply with the determination of the Commission made under this section.

(8) Where providing for use of the transmission or distribution system or where offering terms for the carrying out of works for the purpose of connection to the transmission or distribution system of the Board, the Board shall not discriminate unfairly as between any persons or classes of persons.

Charges for connection to and use of transmission or distribution system.

35. —(1) Subject to subsection (2), within such time as the Commission may direct, the Board shall prepare a statement for the approval of the Commission setting out the basis upon which charges are imposed—

(a) for use of the transmission or distribution system of the Board, and

(b) for connection to the transmission or distribution system of the Board.

(2) The Commission may give directions to the Board from time to time in respect of the basis for charges for use of and connection to the transmission or distribution system of the Board.

(3) Notwithstanding the generality of subsection (2), directions given by the Commission under this section may provide for—

(a) the methods of charging to be included in the statement to be prepared by the Board,

(b) the form and the extent of the information to be provided by the Board to applicants,

(c) the form of charges and information about those charges to be included in the statement to be prepared by the Board,

(d) the procedure to be adopted in the submission by the Board of a statement of charges and the approval by the Commission of such statement, and

(e) the nature of information to be provided to applicants seeking connection to or use of the transmission or distribution systems and its presentation and transparency,

and the Board shall comply with directions given by the Commission under this section.

(4) A charge for connection to or for the use of the transmission or distribution system of the Board shall be calculated in accordance with directions given by the Commission under this section so as to enable the Board to recover—

(a) the appropriate proportion of the costs directly or indirectly incurred in carrying out any necessary works, and

(b) a reasonable rate of return on the capital represented by such costs.

(5) The Commission, solely, will determine what constitutes an “appropriate proportion” referred to in subsection (4)(a) and a “reasonable rate of return” referred to in subsection (4)(b).

Approval by Commission of statement of charges.

36. —(1) The Board shall send each statement prepared in accordance with section 35 to the Commission for its approval (in this section referred to as the “statement”) and the statement, and in particular any charges referred to therein, shall not apply until such time as it has been approved of by the Commission.

(2) The Commission shall consult with the Board and have regard to any submission made by the Board to the Commission prior to making a decision as to whether to approve of or not, as the case may be, a statement submitted by the Board to the Commission for approval.

(3) A statement and, in particular, charges referred to therein, shall not take effect until such time as it is approved of by the Commission, subject to such modifications, if any, as the Commission considers appropriate.

(4) Any charges imposed by the Board on or before the commencement of this section shall, subject to the approval of the Commission, continue in force until a statement has been approved of by the Commission under this section and thereafter all charges shall be in accordance with a statement approved of by the Commission.

Direct lines.

37. —(1) Where access to the transmission or distribution system for holders of licences or authorisations or eligible customers is refused by the Board due to lack of capacity the Commission may permit the holder of the licence or authorisation or eligible customer to whom such refusal is made to construct a direct line not connected to the transmission or distribution system for the purpose of facilitating the supply of electricity for which the application for use of the transmission or distribution system concerned was made and refused.

(2) A permission to construct a direct line granted by the Commission under this subsection shall require the person to whom the permission was granted to comply with such technical and other conditions, including those which may be necessary to ensure that direct lines are compatible with the transmission or distribution system, to such extent as the Commission may specify in the permission.

(3) The owner of a direct line constructed under subsection (1) may allow the direct line to be used for the transport of electricity to other eligible customers.

(4) (a) Where there is a connection made between a direct line and the transmission or distribution system of the Board, on the application of the Board, the Commission may direct the owner of a direct line constructed under subsection (1) to transfer the ownership of the direct line to the Board on such terms, including terms as to compensation, as may be agreed between the Board and the owner of the direct line.

(b) In default of agreement between the Board and the owner as to compensation, such compensation shall be assessed under the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, and for this purpose the Board shall be deemed to be a public authority.

Estimate of capacity, forecast flows and loading.

38. —(1) On and after the commencement of this section, and at such intervals as the Commission may direct, the Board shall prepare a statement, (to be known and in this Act referred to as a “forecast statement”) based on the information available to it, in a form approved of by the Commission.

(2) A forecast statement shall include forecasts in respect of capacity, forecast flows and loading on each part of the transmission system of the Board and fault levels for each electricity transmission node together with:

(a) such further information as shall be reasonably necessary to enable any person seeking use of the transmission or distribution system to identify and evaluate the opportunities available when connecting to and making use of the transmission or distribution system;

(b) a statement identifying those parts of the transmission system of the Board most suited to new connections and to the transport of further quantities of electricity;

(c) the generating capacity which is likely to be connected to the transmission system;

(d) the demand for electricity in the period to which the statement relates; and

(e) a statement on the demand for electricity generated from renewable, sustainable or alternative sources generally and a statement on arrangements for the supply of electricity to customers who have opted to purchase such electricity.

(3) The Board may revise from time to time the information set out in and, with the approval of the Commission, alter the form of each forecast statement and shall, at least once in every year, revise such statements.

(4) The Board shall give a copy of a forecast statement and of each revision of the forecast statement under subsection (3) to the Commission.

(5) Subject to subsection (6), the Board shall give a copy of a forecast statement or, as the case may be, of the latest revision of the forecast statement, to any person who requests a copy of such statement or statements within fourteen days of the date that the request was received.

(6) The Board may, with the prior consent of the Commission, omit from a forecast statement given under subsection (4) any confidential details as to the capacity, loading or other information, where disclosure of that information would, in the opinion of the Commission, prejudice the commercial interests of the Board or any other person.

(7) The Board may make a charge for each forecast statement given under subsection (4) of an amount which shall not exceed the maximum amount specified by the Commission for the purpose of this section.

(8) In this section the period to which the forecast statement relates shall be seven calendar years on and after the date on which the statement is prepared by the Board.