Electricity Regulation Act, 2006 (Act No. 4 of 2006)RegulationsElectricity Transmission Infrastructure Regulations4. Deviation from IRP or TDP |
| (1) | The Minister must, when making a determination, consider the following factors: |
| (a) | The contents of the IRP and TPD, including— |
| (i) | the extent to which the IRP or TDP identifies transmission capacity requirements, including the impact, feasibility, and readiness; and |
| (ii) | the key components of the electricity transmission infrastructure that is necessary for the purposes of establishing the required transmission capacity; |
| (b) | whether an emergency necessitates a deviation from the IRP or TPD; and |
| (c) | whether the national interest necessitates a deviation from the IRP or TPD. |
| (2) | If the Minister, after a consideration of the factors listed in subregulation (1), intends to make a determination which deviates from the IRP or TDP, the Minister must, subject to section 34(8) of the Act, publish a notice in the Gazette that— |
| (a) | includes the reasons for the proposed deviation; and |
| (b) | invites the public to comment, during the period specified in the notice, on the proposed deviation. |
| (3) | The Minister must consider any comments received from the public as contemplated in subregulation (2)(b) and compile a summary of the comments received and the responses thereto. |
| (4) | A determination made in terms of this Regulation that relates to transmission capacity as identified in the TDP is considered to be consistent with the TDP even if it reduces the anticipated timeframe for the establishment of that transmission capacity. |