9 Exemption from network planning requirement may cease to apply
(1) Subregulation (4) applies in relation to an augmentation (the exempted augmentation), and to a provision of regulation 5 (the exempted provision), to which regulation 8(4) applies, if –
(a) the Provider in respect of the relevant transmission system to which the augmentation relates is of the opinion that there has been a material change in circumstances in relation to the part of the relevant transmission system to which the exempted augmentation relates; and
(b) the Provider is of the opinion that –
(i) regulation 8(4) ought to cease to apply in relation to the exempted augmentation and the exempted provision; and
(ii) the exempted augmentation, or another augmentation, is or may be necessary in relation to the part of the system in order for the system to be likely in the future to meet the requirements of that provision of regulation 5 if it ceases to be an exempted provision.
(2) An affected customer in relation to an augmentation to which regulation 8(4) applies may give a notice in writing, to the Provider in respect of the relevant transmission system to which the augmentation relates, stating that the customer is of the opinion that regulation 8(4) should cease to apply in relation to the augmentation.
(3) Subregulation (4) applies in relation to an augmentation (the exempted augmentation), and to a provision of regulation 5 (the exempted provision), to which regulation 8(4) applies, if a Provider receives a notice under subregulation (2) in relation to the augmentation.
(4) If this subregulation applies in relation to an exempted augmentation and an exempted provision –
(a) regulation 8(5) ceases to apply in relation to the exempted augmentation and the exempted provision; and
(b) regulation 8(4) does not, on and from the relevant date in relation to the exempted provision, apply in relation to the augmentation that was an exempted augmentation and the provision that was an exempted provision; and
(c) regulation 7 applies in relation to the augmentation specified in the relevant information in accordance with subregulation (6)(c) .
(5) For the purposes of subregulation (4)(b) , the relevant date in relation to the exempted provision is the publication date of the APR next published, after regulation 8(5) ceases, in accordance with subregulation (4)(a) , to apply to the exempted provision, by the Provider in respect of the relevant transmission system to which the augmentation relates.
(6) If subregulation (4) applies in relation to an exempted augmentation and an exempted provision, the Provider in respect of the relevant transmission system to which the augmentation relates must, in the APR next published by the Provider after that subregulation applies to the exempted provision, include a statement as to –
(a) the relevant opinion in relation to the exempted augmentation; and
(b) the application of the regulations to the exempted augmentation and the exempted provision; and
(c) the necessary augmentations.
(7) A statement as to the relevant opinion in relation to an exempted augmentation is –
(a) if subregulation (1) applies to the exempted augmentation and the exempted provision, a statement that the Provider is of the opinion that regulation 8(4) ought to cease to apply in relation to the exempted augmentation and the exempted provision; or
(b) if subregulation (3) applies to the exempted augmentation and the exempted provision, a statement that an affected customer in relation to the augmentation has notified the Provider that the customer is of the opinion that regulation 8(4) should cease to apply in relation to the exempted augmentation and the exempted provision.
(8) A statement as to the application of the regulations to the exempted augmentation and the exempted provision is a statement –
(a) that regulation 8(4) has, on the publication of the statement in the APR, ceased to apply to the exempted augmentation and the exempted provision; and
(b) that, accordingly, the exempted provision applies, on and from the publication date of the APR, in relation to the part of the relevant transmission system to which the exempted augmentation relates.
(9) A statement as to the necessary augmentations is a statement setting out the augmentation (which may be the same augmentation as, or a different augmentation to, the exempted augmentation), if any, that the Provider is of the opinion is necessary in order for the system to be likely to meet the requirements of the provision that was, before the publication of the statement, an exempted provision.