7Notices as to proposed augmentations

7 Notices as to proposed augmentations

(1)  If –

(a) an augmentation of a part of a Provider's relevant transmission system would be required in order for the system to be likely to meet a network performance requirement set out in regulation 5 that applies in relation to the system; and

(b) the augmentation is proposed in an APR of the Provider –

an affected customer may, within 3 months of the publication date of the APR, give to the Provider a notice in relation to the proposed augmentation.

(2)  A notice under subregulation (1) by an affected customer in relation to an augmentation proposed in an APR is to specify that the customer is of the opinion that there is insufficient customer benefit to justify requiring the proposed augmentation to be provided in the 5-year period from the publication date of the APR.

(3)  A Provider that receives from an affected customer a notice under subregulation (1) in relation to a proposed augmentation must, within 30 days, give to all other affected customers in respect of the augmentation a notice, in accordance with subregulation (5) , in relation to the proposed augmentation.

(4)  A Provider must give to all affected customers in relation to a proposed augmentation of a Provider's relevant transmission system a notice, in accordance with subregulation (5) , in relation to the augmentation, if –

(a) the augmentation would be required in order for the system to be likely to meet a network performance requirement set out in regulation 5 that applies in relation to the system; and

(b) the Provider is of the opinion that there may be insufficient customer benefit to justify requiring the augmentation to be provided in the 5-year period from the publication date of the APR that was most recently published by the Provider before the notice is given by the Provider.

(5)  A notice under subregulation (3) or (4) given by a Provider to an affected customer in relation to a proposed augmentation is to –