19BAuthorisations by consumer trustee—the Act, ss 31(6), 60(4)(c) and 79(1)

19B Authorisations by consumer trustee—the Act, ss 31(6), 60(4)(c) and 79(1)

19B Authorisations by consumer trustee—the Act, ss 31(6), 60(4)(c) and 79(1)

(1) This clause applies to an authorisation by the consumer trustee under the Act, section 31(1)(b).

(2) The consumer trustee must not authorise a network operator to carry out a REZ network infrastructure project unless satisfied the project is in the long-term financial interests of NSW electricity customers.

(3) In determining whether it is satisfied the project is in the long-term financial interests of NSW electricity consumers under subclause (2), the consumer trustee must—

(a) undertake a cost benefit analysis of the project in accordance with clause 19C and give primary consideration to the analysis, or

(b) give primary consideration to the most recent infrastructure investment objectives report as at the time of the infrastructure planner’s recommendation in relation to the authorisation.

(4) If the quantitative measurements of the cost benefit analysis are negative, the consumer trustee may be satisfied the project is in the long-term financial interests of NSW electricity customers having regard to both the quantitative measurements and qualitative elements of the cost benefit analysis.

Note—

When authorising a network operator the consumer trustee is also required to do so in a way that is consistent with the objects of the Act. See the Act, section 3(3).

(5) In making an authorisation, the consumer trustee is not required to—

(a) investigate the accuracy of the infrastructure planner’s recommendations about the project, or

(b) consider technical information except for the technical information specified in clause 44, or

(c) consider the technical information provided to the consumer trustee in the infrastructure planner’s recommendation, or

(d) assess or review recommended contractual arrangements by the infrastructure planner before including them in an authorisation.

(6) An authorisation must require the network operator to enter into the recommended contractual arrangements.

(7) An authorisation ceases to have effect on the termination or expiry of the contractual arrangements entered into by the network operator under the authorisation.