The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
18 Notification of preferred bidder and reserve bidder
(1) As soon as reasonably practicable after the delivery body has determined the preferred bidder in respect of a qualifying project in accordance with regulation 17(1), it must publish a notice to that effect. (2) As soon as reasonably practicable after the delivery body has determined the reserve bidder in respect of a qualifying project in accordance with regulation 17(2), the delivery body must give notice to that effect to that reserve bidder. (3) The notice referred to in paragraph (1) must— (a) be approved by the Authority; (b) specify the name and address of the preferred bidder; (c) describe, in general terms, the matters to be resolved by the preferred bidder to the delivery body’s satisfaction as specified in paragraph (4) before that preferred bidder becomes the successful bidder in accordance with regulation 24(1). (4) The matters referred to in paragraph (3)(c) must include— (a) that the preferred bidder has established necessary arrangements to commence the delivery of the qualifying project; (b) that the preferred bidder has in place a bilateral agreement with the holder of an electricity system operator licence to provide transmission services for the qualifying project; (c) that the preferred bidder has acceded to, or has a robust plan in place to enable it to accede to, the contractual framework which defines the relationship between the holder of an electricity system operator licence and any provider of transmission services that an electricity system operator licence requires the holder of an electricity system operator licence to have in force; (d) any other matters which the delivery body may determine are necessary in relation to the qualifying project. (5) As soon as reasonably practicable after the delivery body has published a notice in accordance with paragraph (1), the delivery body must give notice to the preferred bidder— (a) as to the detail of the matters referred to in paragraph (4), how such matters must be resolved and by what date, and (b) requiring the bidder to— (i) make a payment to the Authority of an amount determined by the Authority to be reasonable for the purpose of recovering each tender party’s tender costs, or (ii) provide the Authority with security, in a form approved by the Authority, in respect of any liability that the bidder has, or may in the future have, under these Regulations in respect of each tender party’s tender costs. (6) Where— (a) the matters referred to in paragraph (4) are not resolved by the preferred bidder to the delivery body’s satisfaction in accordance with the notice issued by virtue of paragraph (5)(a), (b) the preferred bidder fails to make the payment or provide the security referred to in paragraph (5)(b), (c) the preferred bidder withdraws from the onshore transmission tender exercise in accordance with regulation 19(1), or (d) the preferred bidder is disqualified from an onshore transmission tender exercise in accordance with regulation 23(1) or 23(2), the delivery body may withdraw the notice published in accordance with paragraph (1) by publishing a further notice to that effect. (7) Where the delivery body has published a further notice in accordance with paragraph (6), the delivery body must discontinue the onshore transmission tender exercise with the preferred bidder and the delivery body must treat the reserve bidder (where such reserve bidder has been determined in accordance with regulation 17(2)), as if that reserve bidder were the preferred bidder in respect of the qualifying project. (8) Paragraphs (1), (3), (4), (5) and (6) apply where the delivery body treats the reserve bidder as if it were the preferred bidder. (9) The delivery body must give notice to any qualifying bidder of the fact that it is not a preferred bidder or a reserve bidder.
18 Notification of preferred bidder and reserve bidder
(1) As soon as reasonably practicable after the delivery body has determined the preferred bidder in respect of a qualifying project in accordance with regulation 17(1), it must publish a notice to that effect. (2) As soon as reasonably practicable after the delivery body has determined the reserve bidder in respect of a qualifying project in accordance with regulation 17(2), the delivery body must give notice to that effect to that reserve bidder. (3) The notice referred to in paragraph (1) must— (a) be approved by the Authority; (b) specify the name and address of the preferred bidder; (c) describe, in general terms, the matters to be resolved by the preferred bidder to the delivery body’s satisfaction as specified in paragraph (4) before that preferred bidder becomes the successful bidder in accordance with regulation 24(1). (4) The matters referred to in paragraph (3)(c) must include— (a) that the preferred bidder has established necessary arrangements to commence the delivery of the qualifying project; (b) that the preferred bidder has in place a bilateral agreement with the holder of an electricity system operator licence to provide transmission services for the qualifying project; (c) that the preferred bidder has acceded to, or has a robust plan in place to enable it to accede to, the contractual framework which defines the relationship between the holder of an electricity system operator licence and any provider of transmission services that an electricity system operator licence requires the holder of an electricity system operator licence to have in force; (d) any other matters which the delivery body may determine are necessary in relation to the qualifying project. (5) As soon as reasonably practicable after the delivery body has published a notice in accordance with paragraph (1), the delivery body must give notice to the preferred bidder— (a) as to the detail of the matters referred to in paragraph (4), how such matters must be resolved and by what date, and (b) requiring the bidder to— (i) make a payment to the Authority of an amount determined by the Authority to be reasonable for the purpose of recovering each tender party’s tender costs, or (ii) provide the Authority with security, in a form approved by the Authority, in respect of any liability that the bidder has, or may in the future have, under these Regulations in respect of each tender party’s tender costs. (6) Where— (a) the matters referred to in paragraph (4) are not resolved by the preferred bidder to the delivery body’s satisfaction in accordance with the notice issued by virtue of paragraph (5)(a), (b) the preferred bidder fails to make the payment or provide the security referred to in paragraph (5)(b), (c) the preferred bidder withdraws from the onshore transmission tender exercise in accordance with regulation 19(1), or (d) the preferred bidder is disqualified from an onshore transmission tender exercise in accordance with regulation 23(1) or 23(2), the delivery body may withdraw the notice published in accordance with paragraph (1) by publishing a further notice to that effect. (7) Where the delivery body has published a further notice in accordance with paragraph (6), the delivery body must discontinue the onshore transmission tender exercise with the preferred bidder and the delivery body must treat the reserve bidder (where such reserve bidder has been determined in accordance with regulation 17(2)), as if that reserve bidder were the preferred bidder in respect of the qualifying project. (8) Paragraphs (1), (3), (4), (5) and (6) apply where the delivery body treats the reserve bidder as if it were the preferred bidder. (9) The delivery body must give notice to any qualifying bidder of the fact that it is not a preferred bidder or a reserve bidder.
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