The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015

Qualifying projects

8.—(1) A developer who wishes the Authority to publish a notice in accordance with regulation 12(1) in order to commence a tender exercise must make a request to that effect in writing to the Authority.

(2) The request must specify whether the project is intended to meet the requirements of paragraph (6)(a) or (b).

(3) Where a project is intended to meet the requirements of paragraph (6)(b), the request must include notice of—

(a) the preliminary works that the developer has obtained or intends to obtain;

(b) each construction phase contract, if any, that is to be executed by, or novated to, or the benefit of which is to be transferred to, the successful bidder or a person nominated by the successful bidder.

(4) Where a request includes notice of a construction phase contract, the request must be accompanied by a payment of an amount determined by the Authority in accordance with regulation 9(4).

(5) Where the Authority has received one or more requests in accordance with this regulation, the Authority must, as soon as reasonably practicable, determine whether each of those requests relates to a qualifying project in accordance with paragraph (6).

(6) A qualifying project is a project in respect of which the Authority is satisfied that–

(a) in the case of a request for a generator build tender exercise, each requirement specified in paragraph 2 of Schedule 1—

(i) has been met; or

(ii) is deemed to have been met pursuant to paragraph 3 of Schedule 1; or

(b) in the case of a request for an OFTO build tender exercise, each requirement specified in paragraph 1 of Schedule 1—

(i) has been met; or

(ii) is deemed to have been met pursuant to paragraph 3 of Schedule 1.

(7) The Authority may require the developer to provide any other information it considers necessary in order to carry out its assessment in relation to paragraph 1, 2 or 3 of Schedule 1.

(8) Where the Authority determines that a request relates to a qualifying project in accordance with paragraph (5), it must give notice to that effect to the developer who made the request.

(9) Where the Authority determines that a request does not relate to a qualifying project in accordance with paragraph (5), it must give notice to that effect to the developer who made the request and give reasons for its determination.

(10) Where the developer disagrees with the Authority’s determination as notified to the developer in accordance with paragraph (9), the developer may make representations in writing to the Authority within seven days after the day on which the notice is received.

(11) The Authority must consider any representations received from a developer in accordance with paragraph (10) and decide whether to amend its determination made in accordance with paragraph (5).

(12) The Authority must give notice to the developer of the decision made in accordance with paragraph (11) and give reasons for its decision.