Section 61Part 8 — Interconnection and Electricity Infrastructure Sharing
Terms for back up connection to a transmission and distribution system
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61. (1) Where an application for back-up electricity supply and standby connection is made to a T&D licensee by another person for his own exclusive consumption, the T&D licensee shall within a reasonable period offer the applicant the opportunity to enter into an agreement for back-up electricity supply and connection to the T&D licensee’s T&D system on reasonable commercial terms and conditions as approved by the Office from time to time.
Without prejudice to subsection (1), “reasonable commercial terms and conditions as approved by the Office from time to time” shall include —
the methods for determining the costs to be borne by the applicant for standby connection to the T&D licensee’s T&D system, being reasonable costs that are incurred in carrying out works under an agreement for making a standby connection or modifying an existing standby connection and reasonable costs that are incurred in providing backup service to the applicant;
the period of time within which an offer or refusal pursuant to an application is to be made by the T&D licensee; and
any other matters which the Office considers necessary or expedient for the purpose of an application to make a standby connection to the T&D licensee’s T&D system.
A T&D licensee shall not be required to enter into an agreement under subsection (1) where —
it has demonstrated to the satisfaction of the Office that it is not in the public interest to provide additional electricity generation to meet the requirements to be imposed by that agreement;
to enter into an agreement under this section would be likely to involve the T&D licensee in a breach of —
this Law;
the conditions of its T&D licence; or
the T&D code applicable to that T&D licensee’s T&D system; or
the T&D licensee can prove to the Office’s satisfaction that there are, or would be, legitimate technical, financial or legal reasons why it should not be required to enter into such an agreement.
Where a T&D licensee fails or refuses to offer to enter into an agreement under this section, it shall, within fourteen days, serve written notice on the applicant stating the reasons for such failure or refusal and shall at the same time serve a copy of that notice and reasons upon the Office which may Section 62 Electricity Sector Regulation Law (2019 Revision) Page 28 Revised as at 1st January, 2019 c determine the issue using dispute resolution procedures provided under this Law.