Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Regulations

Electricity Transmission Infrastructure Regulations

6. Determinations

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(1)The Minister must, in a determination in terms of section 34(3) of the Act—
(a)identify the transmission capacity required;
(b)specify the identity of the buyers, users, and procurers, where applicable, for the transmission capacity required; and
(c)specify the responsibilities of the procurer, which may include the preparation, management and implementation of activities required for the procurement of transmission capacity, including negotiation of the applicable transmission services agreements.

 

(2)If the Minister makes a determination in respect of transmission capacity in respect of which the TSO SOC has undertaken management or development activities prior to the date of publication of the determination in the Gazette, the TSO SOC must provide the procurer with information relating to such management or development activities, and cooperate with the procurer where necessary, in relation to the procurement process for such transmission capacity.

 

(3)A determination is binding including on the buyer, user and procurer stipulated in such determination, and such buyer, user and procurer must comply with the terms of the determination and do all that is necessary to implement such determination timeously.

 

(4)The buyer or user is bound by the outcome of a procurement process conducted by the procurer in accordance with a determination and must do all that is necessary to give effect thereto and conclude the transmission services agreement with the appointed transmission service provider.