77Participating percentage determination made on the Regulator’s own initiative

#### 77 Participating percentage determination made on the Regulator’s own initiative Making of determination (1) The Regulator may, on the Regulator’s own initiative, make a determination that provides that, for each participant in a specified designated joint venture, a percentage specified in, or ascertained in accordance with, the determination is the participating percentage of that participant in relation to the facility. (2) Different percentages may be specified in, or ascertained in accordance with, the determination for different participants. (3) The total of the percentages specified in, or ascertained in accordance with, the determination must equal 100%. Consultation (4) Before making a determination under subsection (1), the Regulator must: (a) give each participant in the joint venture a copy of a draft of the determination; and (b) invite the participant to make a written submission to the Regulator on the draft within the period specified in the invitation; and (c) have regard to any submission made by the participant within the deadline. (5) The period specified in the invitation must not be shorter than 28 days.