sec.189Consideration of application for authority

### sec.189 Consideration of application for authority The regulator must consider an application for the issue of a transmission authority and may issue, or refuse to issue, the authority. The regulator may issue the authority only if satisfied— the applicant is operating, or will operate, the transmission grid stated in the application; and the transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and the applicant is a suitable person to be a transmission entity; and the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations. In deciding whether the applicant is a suitable person to be a transmission entity, or the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations. A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator. In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and additional matters prescribed under the regulations. In deciding whether to issue the authority, the regulator must not consider the matters prescribed by regulation. s 189 amd 1997 No. 77 s 51 ; 2003 No. 28 s 16 (sec.189-ssec.1) The regulator must consider an application for the issue of a transmission authority and may issue, or refuse to issue, the authority. (sec.189-ssec.2) The regulator may issue the authority only if satisfied— the applicant is operating, or will operate, the transmission grid stated in the application; and the transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and the applicant is a suitable person to be a transmission entity; and the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations. (sec.189-ssec.3) In deciding whether the applicant is a suitable person to be a transmission entity, or the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations. (sec.189-ssec.4) A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator. (sec.189-ssec.5) In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and additional matters prescribed under the regulations. (sec.189-ssec.6) In deciding whether to issue the authority, the regulator must not consider the matters prescribed by regulation. - (a) the applicant is operating, or will operate, the transmission grid stated in the application; and - (b) the transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and - (c) the applicant is a suitable person to be a transmission entity; and - (d) the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and - (e) the applicant meets the additional criteria prescribed under the regulations. - (a) the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and - (b) any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and - (c) the person’s criminal history; and - (d) if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and - (e) for the applicant—the applicant’s competence to be the operator; and - (f) additional matters prescribed under the regulations. - (a) the objects of this Act; and - (b) relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and - (c) additional matters prescribed under the regulations.