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Electricity Reform Act 2000
16Consideration of application
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16 Consideration of application
(1) The Utilities Commission must consider an application for a licence
and may grant or refuse to grant the licence.
(2) The Utilities Commission must have regard to the general factors
specified in section 6(2) of the Utilities Commission Act 2000 and,
subject to this section, may only issue a licence if satisfied that:
(a) the applicant is a suitable person to hold the licence;
(b) in the case of a licence authorising the generation of
electricity – the generating plant (or proposed generating
plant) will have the necessary characteristics to generate
electricity of the appropriate quality for the relevant electricity
network;
(c) in the case of a licence authorising the operation of an
electricity network – the network has (or the proposed network
will have) the necessary characteristics for transmitting or
distributing electricity reliably and safely;
(d) in the case of a licence authorising selling of electricity – the
applicant will be able to meet reasonably foreseeable
obligations for the sale of electricity;
Electricity Reform Act 2000 10
(e) in the case of a licence authorising system control over a
power system – the applicant will be able to adequately
exercise system control functions;
(f) in the case of a licence authorising other operations in the
electricity supply industry for which a licence is required under
the Regulations – the applicant meets any special
requirements imposed by the Regulations for the holding of
the licence; and
(g) in the case of a licence of any class – the grant of the licence
would be consistent with criteria (if any) prescribed by the
Regulations for a licence of the relevant class.
(3) In deciding whether an applicant is a suitable person to hold a
licence, the Utilities Commission may consider:
(a) the applicant's previous commercial and other dealings and
the standard of honesty and integrity shown in those dealings;
(b) the financial, technical and human resources available to the
applicant;
(c) the officers and, if applicable, major shareholders of the
applicant and their previous commercial and other dealings
and the standard of honesty and integrity shown in those
dealings (including breaches of statutory and other legal
obligations); and
(d) other matters prescribed by the Regulations.
(4) If:
(a) a person carries on or proposes to carry on operations for
which a licence is required as agent of another person;
(b) the agent makes application for the licence on the agent's own
behalf and on behalf of the principal; and
(c) the Utilities Commission is satisfied that the criteria for
granting the licence are met in relation to the agent,
the Utilities Commission may dispense with the requirement that it
be satisfied that the criteria are met in relation to the principal and
grant the licence to the agent and the principal to be held by them
jointly.