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

PART 3 CALCULATION AND PAYMENT OF COSTS INCURRED IN CONNECTION WITH PRELIMINARY WORKS

Calculation of costs incurred in connection with preliminary works

6.—(1) In respect of preliminary works for a qualifying project as determined in accordance with regulation 8(4)(b), the Authority shall calculate, based on all relevant information available to the Authority at that time, other than information that the Authority decides not to take into account in accordance with paragraph (7), the economic and efficient costs which ought to be, or ought to have been, incurred in connection with obtaining those works in respect of a qualifying project in accordance with paragraph (2).

(2) The calculation of costs in paragraph (1) shall be–

(a) where the preliminary works have not reached the stage at which all those preliminary works have been obtained by the developer in respect of a particular qualifying project, an estimate of the costs which ought to be incurred in connection with obtaining those preliminary works; or

(b) where the preliminary works have reached the stage at which all those preliminary works have been obtained by the developer in respect of a particular qualifying project, an assessment of the costs which ought to have been incurred in connection with obtaining those preliminary works.

(3) In order to provide bidders, qualifying bidders, the preferred bidder, reserve bidder or successful bidder with the most accurate estimate of the costs which ought to be incurred in connection with obtaining the preliminary works in respect of a qualifying project, the Authority may require the developer to provide further information at a particular stage of a tender exercise for the purposes of enabling those bidders, qualifying bidders, or that preferred bidder, reserve bidder or successful bidder to take into account the most accurate estimate of the costs in order to meet any requirements of that particular stage.

(4) Where the Authority requires the developer to provide further information in accordance with paragraph (3), the Authority shall specify the date by which the developer shall provide that information.

(5) Where the Authority considers that the information provided by the developer in accordance with paragraph (3) is a material change from the information already available to the Authority, it may, in order to provide bidders, qualifying bidders, the preferred bidder, reserve bidder or successful bidder with the most accurate estimate of the costs, undertake one or more further estimates of the costs which ought to be incurred in connection with obtaining the preliminary works, as it considers necessary, until such time as all those preliminary works have been obtained by the developer in respect of that qualifying project.

(6) Where the Authority–

(a) has previously estimated the costs in accordance with paragraph (2)(a) or (5); and

(b) is satisfied with the evidence provided by the developer that all those preliminary works have been obtained by the developer ,

the Authority shall, as soon as reasonably practicable, assess the economic and efficient costs which ought to have been incurred in connection with obtaining those works.

(7) The Authority may decide not to take into account any information that is provided after the date specified by the Authority in accordance with paragraph (4) in undertaking any estimates in accordance with paragraph (5) or assessment in accordance with paragraph (6).

(8) Where the Authority has determined to grant an offshore transmission licence to the successful bidder in respect of a particular qualifying project in accordance with regulation 27(2), the assessment undertaken in accordance with paragraph (2)(b) or (6) shall be used by the Authority to determine the value of the preliminary works to be transferred to the successful bidder.

Payment of costs incurred by the Authority in connection with preliminary works calculation of costs

7.—(1) Where the Authority has estimated the costs in accordance with regulation 6(2)(a) or 6(5) in relation to a particular qualifying project, it shall, prior to the grant of an offshore transmission licence to the successful bidder in relation to that qualifying project, give notice to the developer to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to its costs in estimating the economic and efficient costs which ought to be incurred in connection with obtaining the preliminary works in respect of that qualifying project.

(2) Where the Authority has assessed the costs in accordance with regulation 6(2)(b) or 6(6) in relation to a particular qualifying project, it shall, prior to the grant of an offshore transmission licence to the successful bidder in relation to that qualifying project, give notice to that successful bidder to make a payment to the Authority of a sum determined in accordance with the Authority’s cost recovery methodology in relation to its costs in assessing the economic and efficient costs which ought to have been incurred in connection with obtaining the preliminary works in respect of that qualifying project.