The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2013

Information in respect of successful bidder

28.—(1) Subject to paragraph (3), the Authority shall as soon as practicable after a determination has been made in accordance with regulation 27(2), give notice to each qualifying bidder of its determination in relation to the successful bidder in respect of that qualifying project.

(2) The notice referred to in paragraph (1) shall include–

(a) the evaluation criteria applied by the Authority in evaluating tenders;

(b) the reasons for the determination, including the characteristics and relative advantages of the successful tender;

(c) the result obtained by–

(i) the qualifying bidder which is to receive the notice; and

(ii) the successful bidder;

(d) the name of the successful bidder; and

(e) a statement of when the period specified in paragraph (5) is expected to end.

(3) The Authority may withhold any information to be provided in accordance with paragraph (1) where the disclosure of such information–

(a) would impede law enforcement;

(b) would otherwise be contrary to law;

(c) would otherwise be contrary to the public interest;

(d) would prejudice the legitimate commercial interests of any qualifying bidder; or

(e) may prejudice fair competition between qualifying bidders.

(4) Where paragraph (1) applies, the Authority shall not grant an offshore transmission licence to the successful bidder before the end of the period specified in paragraph (5).

(5) Where the Authority gives notice to each qualifying bidder in accordance with paragraph (1), it shall allow a period to elapse ending not before midnight at the end of the tenth working day after the date on which the notices referred to in paragraph (1) are given.

(6) As soon as reasonably practicable after the end of the period specified in paragraph (5), the Authority shall confirm its determination made pursuant to regulation 27(2), to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project and shall-

(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 18(3) or 19(5)) of the fact that it is being stood down.

(7) As soon as reasonably practicable after the Authority has published a notice in accordance with paragraph (6)(a), it may reimburse a qualifying bidder who has received a notice in accordance with paragraph (1) its bid costs or a proportion of those bid costs in accordance with the Authority’s cost recovery methodology.

(8) Where the Authority publishes a notice in accordance with paragraph (6)(a), that tender exercise is finished.