S.L. 545.41 Art. 12Substations.

(1) Unless the distribution system operator determines otherwise, having regard to the particular circumstances of a case, and in accordance with objective criteria which are published in advance, a new substation shall be required in any one (1) of the following circumstances:

(a) within any new development with multiple customers where the number of connection units is more than eighteen (18), none of which requires a bulk network connection, when any one (1) or more of the five (5) criteria set out in regulation 9(4) are not satisfied;

(b) for a network connection exceeding 60 Amps on any phase when any one (1) or more of the criteria set out in regulation 10(1) are not satisfied; or

(c) with respect to a single building unit, when there is no suitable low voltage connection point and no suitable substation in the vicinity from which it is technically possible to extend a network connection to the relevant single building unit.

(2) An applicant and, or developer, as applicable, shall be bound to provide a suitable substation room within a development where this is required in terms of this regulation.

(3) Substations shall be financed as follows:

(a) in the case of a development with multiple customers which development requires a substation in accordance with regulation 9(6), the distribution system operator shall:

(i) finance all costs relating to the civil works and, or any structural alterations; and

(ii) compensate the owner of the substation land for providing the substation land, where this is granted to the distribution system operator in full ownership:

Provided that customers within the development with multiple customers that do not require a network connection exceeding 60 Amps on any phase shall pay the applicable fees for the connection of each building unit to the network stipulated in the Sixth Schedule:

Provided further that bulk network connections within the multiple customers development shall be treated in accordance with regulation 9(8):

Provided further that the distribution system operator shall however retain the right to extend network connections from the said substation to applicants outside the development wherein the substation is situated, without making any additional payment or compensation to the applicant;

(b) in the case of bulk network connections:

(i) by the applicant or developer, as applicable; or

(ii) by the applicant or developer, as applicable and the distribution system operator on a cost-sharing basis where, at the time the substation is commissioned, the distribution system operator requires the utilisation of the substation to provide connections to third parties. In such a case the distribution system operator shall retain the right to extend network connections from the said substation to applicants inside or outside the development wherein the substation is situated, without making any additional payment or compensation to the applicant;

(c) in the case of a network connection for a single building unit requiring a new substation, the substation shall be financed entirely by the applicant and, or the developer, as applicable.

(4) The distribution system operator shall obtain title over the substation land in accordance with the criteria set out in regulation 13.

(5) Notwithstanding the title held by the distribution system operator over a substation and, or the substation land:

(a) the ownership of all the equipment and apparatus contained therein shall be and remain of the distribution system operator; and

(b) access to the substation shall be given at all times to personnel, officers and contractors of the distribution system operator.

(6) Where the distribution system operator and the applicant and, or the developer, as applicable, share the substation costs, the cost sharing shall be applied on a pro rata basis on the proportion of the kVA load used by each of the distribution system operator on the one hand, and the applicant and, or the developer, as applicable, on the other.

(7) Where the applicant and, or the developer, as applicable, provides the substation land and, or civil works and, or any structural alterations to the substation land, the applicant and, or the developer, as applicable, shall be compensated in accordance with regulation 14.

(8) The amount of compensation to be paid by the distribution system operator for the relevant substation land shall be determined as follows:

(a) any compensation paid by the distribution system operator shall be added to the cost to connect and equip the relevant substation for the purpose of cost sharing under regulation 12(6), as the case may be;

(b) when the relevant substation has been totally financed by the applicant and, or the developer, as applicable, the applicant and, or the developer, shall be entitled to compensation at the rate specified in item 11 of the Sixth Schedule;

(c) when the relevant substation has been totally financed by the applicant and, or the developer, as applicable, additional compensation as stipulated in item 10 of the Sixth Schedule shall also be due to the applicant and, or the developer, as applicable where the distribution system operator decides to extend low voltage connections to third parties from the relevant substation. The refund in accordance with this paragraph shall continue to apply only for up to ten (10) years from the commissioning date of the relative substation; or

(d) when the substation has been financed on a cost-sharing basis by the distribution system operator on the one hand, and the applicant and, or the developer, as applicable, on the other hand, the latter shall not be entitled to any of the compensation referred to in paragraphs (b) and (c).

(9) Civil works maintenance within the substation land and the substation itself shall be carried out by the applicant and, or the developer, as applicable or distribution system operator depending on the title held by the distribution system operator over a substation at any point in time:

(a) where the distribution system operator holds the substation in full ownership it shall be responsible for civil works maintenance; or

(b) where the distribution system operator holds the substation by title of lease or the owner of the commodatum, substation land, the applicant and, or the developer, as applicable shall be responsible for civil works maintenance.

(10) As long as the substation is used exclusively for the applicant and, or the developer, as applicable, the energy consumption shall be measured as follows:

(a) from the high voltage side of the transformer;

(b) from both the high voltage side and low voltage side of the transformer where this is required and the difference between HV/MV meter reading and the sum of the individual low voltage meters readings, shall be paid by the applicant and, or the developer, as applicable; and

(c) from the low voltage side of the transformer and the connection losses shall be calculated as set out in item 20 of the Sixth Schedule:

Provided that the distribution system operator may require customers to enter into a loss-sharing agreement to regulate such matters.

(11) Extensions for network connections at 11kV or above shall be charged at cost in addition to a high voltage contribution for existing infrastructure use.