45Competitive assessment process—the Act, ss 30(5)(a) and 63(4)

45 Competitive assessment process—the Act, ss 30(5)(a) and 63(4)

45 Competitive assessment process—the Act, ss 30(5)(a) and 63(4)

(1) The infrastructure planner may carry out a competitive assessment process in relation to—

(a) a proposed REZ network infrastructure project, or

(b) a priority transmission infrastructure project in relation to which the infrastructure planner is appointed.

(2) The competitive assessment process must involve a request from the infrastructure planner for a binding bid from—

(a) 2 or more network operators proposing to carry out all or part of the project, or

(b) 2 or more persons who will assist network operators to carry out all or part of the project.

(3) The infrastructure planner must, for network operators and other persons who may be requested to make a binding bid, develop—

(a) eligibility criteria, and

(b) a selection process.

(4) Before and during a competitive assessment process, the infrastructure planner must—

(a) consult with the regulator, and

(b) provide the regulator with information about and obtained from the competitive assessment process, if requested.

(5) If the competitive assessment process is for a contestable augmentation, the infrastructure planner may work with the network operator for the related project when carrying out the functions under subclauses (1)–(4).

(6) In the exercise of the regulator’s functions under the Act, Part 5, the regulator must rely on and adopt information if—

(a) the information was given to the regulator—

(i) by the infrastructure planner, or

(ii) by the network operator under clause 48(1A)(a), and

(b) the infrastructure planner or network operator obtained the information from a competitive assessment process, and

(c) the regulator is satisfied the competitive assessment process was genuine and appropriate.