Part 6AContestable services

Part 6A—Contestable services 39A—Contestable services (1) For the purposes of section 36AF(3)(a) of the Act, a connection service— (a) which is provided to a standard— (i) that is of a higher or lower quality or reliability than the standard of quality or reliability required by the National Electricity Rules, any code made by the Commission under the Essential Services Commission Act 2002 relating to electricity distribution or any other relevant instrument; or (ii) that exceeds the levels of service or plant ratings required by the connection assets of the operator of the distribution network to which the connection relates; and (b) to which a customer is required to contribute to the cost of providing the service, is prescribed. (2) For the purposes of section 36AF(3)(b) of the Act, the following requirements are specified and must be applied in relation to the provision of a contestable service prescribed under subregulation (1): (a) a customer may request the operator of a distribution network to prepare technical specifications for the construction of connection assets or an extension to the network (assets or an extension); (b) if a request is made under paragraph (a), the operator must only prepare technical specifications if the customer— (i) supplies the operator with the information that is reasonably required to allow the preparation of the specifications; and (ii) pays a reasonable fee (which must not exceed an amount approved by the Commission) to the operator for the preparation of the specifications; (c) the technical specifications prepared by the operator must set out the general design parameters and operating requirements for the assets or an extension to enable connection to the network and must— (i) contain sufficient details to allow the customer to call for tenders from third parties for the design and construction of the assets or an extension; and (ii) contain details of the voltage of the connection, required current rating, minimum transformer sizes, and other equipment requirements; and (iii) contain details of the operator's technical and maintenance requirements, to ensure the works, when designed and completed— (A) are compatible with the network; and (B) are capable of being operated and maintained by the operator in accordance with its operations and maintenance procedures; and (C) do not adversely affect the network or other persons connected to the network; and (iv) inform the customer that tenderers must submit separate amounts for designing and constructing the connection assets or designing and undertaking an extension; and (v) inform the customer of a reasonable period for conducting the tender, given the nature of the works and the technical specifications; (d) the operator must prepare the technical specifications as requested by the customer— (i) if the preparation of the specifications involves complex work—within a reasonable period agreed with the customer after receipt of the request (and that period must not exceed 20 business days); or (ii) in any other case—within the period of 10 business days after receipt of the request; (e) a customer may call for tenders for the design and construction of the assets or an extension, based on the technical specifications prepared by the operator; (f) if, within the period specified under paragraph (c)(v), the customer notifies the operator that it has selected a successful tenderer, the operator must liaise, in a reasonable manner having regard to paragraph (g), with the customer and the successful tenderer about the following matters: (i) the design and construction of the assets or an extension; (ii) payments from the customer and payments to the successful tenderer; (iii) warranties in relation to the work performed and the equipment installed; (iv) the program for undertaking the works; (v) handing over the assets or an extension to the operator on completion of the works; (g) the operator is not obliged to accept the design and construction of the assets or an extension by a successful tenderer if the operator considers on reasonable grounds that— (i) the successful tenderer does not have the requisite skill and competence to undertake the design and construction of the works in accordance with the technical specifications; or (ii) the proposed design and construction does not meet the technical specifications, in particular, the matters referred to in paragraph (c)(iii); (h) if a dispute between a customer and an operator arises under paragraph (g), the customer or operator may refer the dispute to the Technical Regulator for resolution. connection means a physical link between a distribution network and a customer's premises to allow the flow of electricity; connection alteration means an alteration to an existing connection including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration; connection assets means those components of a distribution system which are used to provide a connection service; connection service means the design and construction of connection assets that may be built separate to, or in isolation from, the existing distribution network relating to either or both of the following: (a) a service relating to a new connection for premises; (b) a service relating to a connection alteration; extension means works (outside the boundaries of the operator's distribution network (as it existed before the construction of any connection assets or an extension on behalf of a customer in accordance with this regulation)) required for the connection requested by the customer; new connection means a connection established or to be established in accordance with Chapter 5A of the National Electricity Rules and relevant energy laws, where there is no existing connection.