The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
28 Approval of applications
(1) Where the delivery body publishes a notice in accordance with regulation 24(1), as soon as reasonably practicable the Authority must determine whether to propose to grant an onshore transmission licence to the successful bidder in respect of the qualifying project. (2) Before granting the onshore transmission licence to the successful bidder, the Authority must give notice to each qualifying bidder— (a) stating that it proposes to grant the onshore transmission licence, (b) stating the reasons why it proposes to grant the onshore transmission licence, and (c) specifying the time (not being less than ten working days from the date of publication of the notice) within which representations or objections with respect to the proposed onshore transmission licence may be made, and must consider any representations or objections which are duly made and not withdrawn. (3) Where the Authority grants the onshore transmission licence to the successful bidder it must— (a) publish a notice to that effect, and (b) give notice to the reserve bidder (where such reserve bidder has been determined in accordance with regulation 17(2)) of the fact that it is being stood down. (4) Where the Authority does not grant the onshore transmission licence to the successful bidder it must give notice to the delivery body and the successful bidder in accordance with regulation 27(1). (5) If— (a) notice has been given in accordance with regulation 27(1), the Authority has considered any representations duly made and not withdrawn and the Authority maintains its decision not to grant on onshore transmission licence to the successful bidder, and (b) a reserve bidder has been determined in accordance with regulation 17(2), the Authority must direct the delivery body to discontinue the onshore transmission tender exercise with the successful bidder and to treat the reserve bidder as if that reserve bidder were the provisional preferred bidder. (6) Where a notice has been published— (a) by the Authority in accordance with paragraph (3)(a), and (b) by the delivery body under regulation 10(1)(b) stating that the Authority will reimburse a qualifying bidder’s bid costs in accordance with this regulation, the Authority must reimburse a qualifying bidder who has received a notice in accordance with paragraph (2) so much of the bidder’s bid costs that do not exceed the maximum amount stated in the notice. (7) Where the Authority publishes a notice in accordance with paragraph (3)(a), that onshore transmission tender exercise is finished. (8) In making a determination to approve an application in respect of a qualifying project, the Authority must not take account of information known to the Authority only as a result of that information being part of the delivery body functions assessment report.
28 Approval of applications
(1) Where the delivery body publishes a notice in accordance with regulation 24(1), as soon as reasonably practicable the Authority must determine whether to propose to grant an onshore transmission licence to the successful bidder in respect of the qualifying project. (2) Before granting the onshore transmission licence to the successful bidder, the Authority must give notice to each qualifying bidder— (a) stating that it proposes to grant the onshore transmission licence, (b) stating the reasons why it proposes to grant the onshore transmission licence, and (c) specifying the time (not being less than ten working days from the date of publication of the notice) within which representations or objections with respect to the proposed onshore transmission licence may be made, and must consider any representations or objections which are duly made and not withdrawn. (3) Where the Authority grants the onshore transmission licence to the successful bidder it must— (a) publish a notice to that effect, and (b) give notice to the reserve bidder (where such reserve bidder has been determined in accordance with regulation 17(2)) of the fact that it is being stood down. (4) Where the Authority does not grant the onshore transmission licence to the successful bidder it must give notice to the delivery body and the successful bidder in accordance with regulation 27(1). (5) If— (a) notice has been given in accordance with regulation 27(1), the Authority has considered any representations duly made and not withdrawn and the Authority maintains its decision not to grant on onshore transmission licence to the successful bidder, and (b) a reserve bidder has been determined in accordance with regulation 17(2), the Authority must direct the delivery body to discontinue the onshore transmission tender exercise with the successful bidder and to treat the reserve bidder as if that reserve bidder were the provisional preferred bidder. (6) Where a notice has been published— (a) by the Authority in accordance with paragraph (3)(a), and (b) by the delivery body under regulation 10(1)(b) stating that the Authority will reimburse a qualifying bidder’s bid costs in accordance with this regulation, the Authority must reimburse a qualifying bidder who has received a notice in accordance with paragraph (2) so much of the bidder’s bid costs that do not exceed the maximum amount stated in the notice. (7) Where the Authority publishes a notice in accordance with paragraph (3)(a), that onshore transmission tender exercise is finished. (8) In making a determination to approve an application in respect of a qualifying project, the Authority must not take account of information known to the Authority only as a result of that information being part of the delivery body functions assessment report.
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