8Exemption from network planning requirements

8 Exemption from network planning requirements

(1)  An affected customer in relation to a proposed augmentation of a part of a Provider's relevant transmission service may, within 3 months after receiving a notice under regulation 7(3) or (4) in relation to the augmentation, give to the Provider notice in writing in relation to the augmentation.

(2)  A notice under subregulation (1) , by an affected customer, in relation to an augmentation to which a notice under regulation 7(3) or (4) relates is to specify that the affected customer is of the opinion that there is 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 under regulation 7(3) or (4) was given.

(3)  If all affected customers have given a Provider a notice either –

(a) under subregulation (1) in relation to an augmentation to which a notice given under regulation 7(3) or (4) by the Provider relates; or

(b) under regulation 7(1) in relation to an augmentation proposed in an APR published by the Provider –

(whether or not all the notices have been given under the same provision), subregulation (4) applies in relation to the augmentation and the provision of regulation 5 to which the augmentation relates.

(4)  If this subregulation applies in relation to an augmentation and the provision of regulation 5 to which the augmentation relates, that provision –

(a) despite regulation 5 , is not to be taken to be a network performance requirement in relation to the relevant part of the system; and

(b) does not constitute a service standard under regulation 5(2) in relation to that part of the system –

for the 5-year period from the publication date of the APR that was most recently published by the Provider before a notice under or was given in relation to the augmentation.