Common use of Replacement and enhancement of Connection Assets Clause in Contracts

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) applies: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards under this clause from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules, to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board to provisionally approve that value under rule 5.5 of section II of part F of the Electricity Governance Rules. If the Board does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules applies; and (3) if Transpower considers that the proposed value of Unserved Energy is reasonable, or the Board provisionally approves the different value under rule 5.5 of section II of part F of the Electricity Governance Rules, that different value must be used in applying the grid reliability standards under paragraphs (b) to (d) below; (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid to ensure that the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability report. (d) Transpower and the Customer must then attempt in good faith to reach an agreement, within six months of the date on which Transpower makes its proposals to the Customer under paragraph (c) or such longer period as agreed between the parties, for an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) that will have the effect of: (1) maintaining the level of reliability for the relevant connection location at the level of reliability in the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)); or (2) increasing or decreasing the level of reliability for the relevant connection location above or below the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower and the Customer complying with rules 5.1 to 5.3 of section II of part F of the Electricity Governance Rules. (e) If a different value of Unserved Energy from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules has been used under paragraphs (b) to (d) above, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board has provisionally approved the different value of Unserved Energy, either Transpower or the Customer must comply with rule 5.5 of section II of part F of the Electricity Governance Rules. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 to 5.3 of section II of part F of the Electricity Governance Rules; or (2) Transpower may ask the Board to request that Transpower submit a grid upgrade plan in respect of the Connection Assets and, if the grid upgrade plan is approved, carry out the investment set out in the grid upgrade plan. For the avoidance of doubt, if the grid upgrade plan is not approved, the Customer or a third party may carry out an investment under sub-paragraph (1) above.

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) appliesWhere: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards under this clause from the value specified Grid Reliability Report published by Transpower in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules, to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board to provisionally approve that value under accordance with rule 5.5 of section II of part F of the Electricity Governance Rules. If the Board does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 of schedule F4 12A of section III of part F of the Electricity Governance Rules appliessets out that the power system is not reasonably expected to meet the N-1 Criterion at all times over the next five years; and (32) if a Connection Asset is the cause of this, Transpower considers that will promptly notify the proposed value of Unserved Energy is reasonable, or Customer and consult with the Board provisionally approves the different value under rule 5.5 of section II of part F of the Electricity Governance Rules, that different value must be used in applying the grid reliability standards under paragraphs (b) to (d) below;Customer on options for addressing this. (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid to ensure that the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability report. (d) Transpower and the Customer must then attempt in good faith to reach an agreementUnless, within six months of the date on which publication of the Grid Reliability Report, Transpower makes its proposals to and the Customer under paragraph (c) or such longer period as agreed between the parties, for have reached an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) agreement that will have the effect of: (1) maintaining the level of reliability for the relevant connection location Point of Connection at the level of reliability required by in the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a))Grid Reliability Standards; or (2) increasing or decreasing the level of reliability for the relevant connection location Point of Connection above or below the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower level required by the Grid Reliability Standards and the Customer complying have complied with rules 5.1 to 5.3 rule 5 of section II of part F of the Electricity Governance Rules, then Transpower will: (3) within two months of the expiry of such six month period, submit to the Board for approval in accordance with the Electricity Governance Rules, a Grid Upgrade Plan that sets out the investments Transpower proposes to make to ensure that the level of reliability of the relevant Point of Connection meets the Grid Reliability Standards; and (4) if those investments are approved, undertake the investment: A. prior to the level of reliability of the Point of Connection falling below the Grid Reliability Standards; or B. where the level of reliability of the Point of Connection has already fallen below the Grid Reliability Standards or it is not reasonably practicable to make the investment within the time specified in clause 34.2(b)(4)A, as soon as reasonably practicable. (ec) If a different value of Unserved Energy from the value specified Transpower replaces or enhances any Connection Asset in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules has been used under paragraphs accordance with clause 34.2(b)(4), then: (b1) to (d) abovethe extent necessary as a result of such replacement or enhancement, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board has provisionally approved the different value of Unserved Energy, either Transpower or will send the Customer must comply with a revised Schedule 3 (Points of Service) that, on receipt, replaces Schedule 3 (Points of Service); and (2) the process in rule 5.5 3.1.6 of section II of part F of the Electricity Governance RulesRules applies. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 to 5.3 of section II of part F of the Electricity Governance Rules; or (2) Transpower may ask the Board to request that Transpower submit a grid upgrade plan in respect of the Connection Assets and, if the grid upgrade plan is approved, carry out the investment set out in the grid upgrade plan. For the avoidance of doubt, if the grid upgrade plan is not approved, the Customer or a third party may carry out an investment under sub-paragraph (1) above.

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) applies: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards under this clause from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance RulesRules [the value of expected unserved energy in clause 4 of Schedule 12.2 of the Code], to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board [Authority] to provisionally approve that value under rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code]. If the Board [Authority] does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules [the value of expected unserved energy in clause 4 of Schedule 12.2 of the Code] applies; and (3) if Transpower considers that the proposed value of Unserved Energy is reasonable, or the Board [Authority] provisionally approves the different value under rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code], that different value must be used in applying the grid reliability standards under paragraphs (b) to (d) below; (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid to ensure that the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability report. (d) Transpower and the Customer must then attempt in good faith to reach an agreement, within six months of the date on which Transpower makes its proposals to the Customer under paragraph (c) or such longer period as agreed between the parties, for an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) that will have the effect of: (1) maintaining the level of reliability for the relevant connection location at the level of reliability in the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)); or (2) increasing or decreasing the level of reliability for the relevant connection location above or below the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower and the Customer complying with rules 5.1 to 5.3 of section II of part F of the Electricity Governance RulesRules [clauses 12.35 to 12.37 of the Code]. (e) If a different value of Unserved Energy from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules [the value of expected unserved energy in clause 4 of Schedule 12.2 of the Code] has been used under paragraphs (b) to (d) above, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board [Authority] has provisionally approved the different value of Unserved Energy, either Transpower or the Customer must comply with rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code]. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 to 5.3 of section II of part F of the Electricity Governance Rules; or (2) Transpower may ask the Board to request that Transpower submit a grid upgrade plan in respect of the Connection Assets and, if the grid upgrade plan is approved, carry out the investment set out in the grid upgrade plan. For the avoidance of doubt, if the grid upgrade plan is not approved, the Customer or a third party may carry out an investment under sub-paragraph (1) above.Rules [clauses

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) applies: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards under this clause from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance RulesRules [the value of expected unserved energy in clause 4 of Schedule 12.2 of the Code], to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board [Authority] to provisionally approve that value under rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code]. If the Board [Authority] does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules [the value of expected unserved energy in clause 4 of Schedule 12.2 of the Code] applies; and (3) if Transpower considers that the proposed value of Unserved Energy is reasonable, or the Board [Authority] provisionally approves the different value under rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code], that different value must be used in applying the grid reliability standards under paragraphs (b) to (d) below; (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid to ensure that the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability report. (d) Transpower and the Customer must then attempt in good faith to reach an agreement, within six months of the date on which Transpower makes its proposals to the Customer under paragraph (c) or such longer period as agreed between the parties, for an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) that will have the effect of: (1) maintaining the level of reliability for the relevant connection location at the level of reliability in the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)); or (2) increasing or decreasing the level of reliability for the relevant connection location above or below the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower and the Customer complying with rules 5.1 to 5.3 of section II of part F of the Electricity Governance RulesRules [clauses 12.35 to 12.37 of the Code]. (e) If a different value of Unserved Energy from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section III of part F of the Electricity Governance Rules [the value of expected unserved energyvalue of expected unserved energy in clause 4 of Schedule 12.2 of the Code] has been used under paragraphs (b) to (d) above, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board [Authority] has provisionally approved the different value of Unserved Energy, either Transpower or the Customer must comply with rule 5.5 of section II of part F of the Electricity Governance RulesRules [clause 12.39 of the Code]. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 to 5.3 of section II of part F of the Electricity Governance Rules; or (2) Transpower may ask the Board to request that Transpower submit a grid upgrade plan in respect of the Connection Assets and, if the grid upgrade plan is approved, carry out the investment set out in the grid upgrade plan. For the avoidance of doubt, if the grid upgrade plan is not approved, the Customer or a third party may carry out an investment under sub-paragraph (1) above.Rules [clauses

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) applies: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards under this clause from the value specified of expected unserved energy in clauses 8.3.4 and 8.4.3 clause 4 of schedule F4 of section III of part F Schedule 12.2 of the Electricity Governance RulesCode, to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board Authority to provisionally approve that value under rule 5.5 of section II of part F clause 12.39 of the Electricity Governance RulesCode. If the Board Authority does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 expected unserved energy in clause 4 of schedule F4 of section III of part F Schedule 12.2 of the Electricity Governance Rules Code applies; and (3) if Transpower considers that the proposed value of Unserved Energy is reasonable, or the Board Authority provisionally approves the different value under rule 5.5 of section II of part F clause 12.39 of the Electricity Governance RulesCode, that different value must be used in applying the grid reliability standards under paragraphs (b) to (d) below; (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid to ensure that the Connection Asset meets the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability report. (d) Transpower and the Customer must then attempt in good faith to reach an agreement, within six months of the date on which Transpower makes its proposals to the Customer under paragraph (c) or such longer period as agreed between the parties, for an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) that will have the effect of: (1) maintaining the level of reliability for the relevant connection location at the level of reliability in the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)); or (2) increasing or decreasing the level of reliability for the relevant connection location above or below the grid reliability standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower and the Customer complying with rules 5.1 clauses 12.35 to 5.3 of section II of part F 12.37 of the Electricity Governance RulesCode. (e) If a different value of Unserved Energy from the value specified of expected unserved energy in clauses 8.3.4 and 8.4.3 clause 4 of schedule F4 of section III of part F Schedule 12.2 of the Electricity Governance Rules Code has been used under paragraphs (b) to (d) above, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board Authority has provisionally approved the different value of Unserved Energy, either Transpower or the Customer must comply with rule 5.5 of section II of part F clause 12.39 of the Electricity Governance RulesCode. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 clauses 12.35 to 5.3 of section II of part F 12.37 of the Electricity Governance RulesCode; or (2) Transpower may ask the Board Commerce Commission to request that Transpower submit a grid upgrade plan an investment proposal in respect of the Connection Assets and, if the grid upgrade plan investment proposal is approved, carry out the investment set out in the grid upgrade planinvestment proposal. For the avoidance of doubt, if the grid upgrade plan investment proposal is not approved, the Customer or a third party may carry out an investment under sub-sub- paragraph (1) above.

Replacement and enhancement of Connection Assets. (a) Where Transpower has identified a Connection Asset to which clause 40.1(c) applies: (1) the Customer may propose the use of a different value of Unserved Energy, for the purposes of applying the grid reliability standards Grid Reliability Standards under this clause from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section part III of part section F of the Electricity Governance Rules, to Transpower within 15 Business Days of receiving notice under clause 40.1; (2) if Transpower considers that the value of Unserved Energy proposed under subparagraph (1) is not reasonable, either it or the Customer may ask the Board to provisionally approve that value under rule 5.5 5 of section II of part F of the Electricity Governance Rules. If the Board does not provisionally approve the different value of Unserved Energy, the value of Unserved Energy under clauses 8.3.4 and 8.4.3 of schedule F4 of section part III of part section F of the Electricity Governance Rules applies; and (3) if Transpower considers that the proposed value of Unserved Energy is reasonable, or the Board provisionally approves the different value under rule 5.5 5 of section II of part Part F of the Electricity Governance Rules, that different value must be used in applying the grid reliability standards Grid Reliability Standards under paragraphs (b) to (d) below; (b) Transpower must as soon as practicable after identifying a Connection Asset to which clause 40.1(c) applies, investigate whether the Connection Asset meets the grid reliability standards Grid Reliability Standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)). (c) If Transpower finds that the Connection Asset does not meet the grid reliability standards Grid Reliability Standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), it must develop proposals for investment in the grid Grid to ensure that the Connection Asset meets the grid reliability standards Grid Reliability Standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), and propose them to the Customer as soon as reasonably possible after the publication of the grid reliability reportGrid Reliability Report. (d) Transpower and the Customer must then attempt in good faith to reach an agreement, within six months of the date on which Transpower makes its proposals to the Customer under paragraph (c) or such longer period as agreed between the parties, for an investment or other solution (whether undertaken by Transpower or, subject to necessary land access being negotiated with Transpower, by the Customer or a third party in accordance with Good Electricity Industry Practice) that will have the effect of: (1) maintaining the level of reliability for the relevant connection location Point of Connection at the level of reliability in the grid reliability standards Grid Reliability Standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)); or (2) increasing or decreasing the level of reliability for the relevant connection location Point of Connection above or below the grid reliability standards Grid Reliability Standards (modified to take into account any different value of Unserved Energy that applies under paragraph (a)), subject to Transpower and the Customer complying with rules 5.1 to 5.3 rule 5 of section II of part F of the Electricity Governance Rules. (e) If a different value of Unserved Energy from the value specified in clauses 8.3.4 and 8.4.3 of schedule F4 of section part III of part section F of the Electricity Governance Rules has been used under paragraphs (b) to (d) above, before giving effect to any agreement reached under paragraph (d) and regardless of whether or not the Board has provisionally approved the different value of Unserved Energy, either Transpower or the Customer must comply with rule 5.5 of section II of part F of the Electricity Governance Rules. (f) If Transpower and the Customer have not been able to reach an agreement under paragraph (d) above within six months of the publication of the grid reliability reportGrid Reliability Report, or such longer period as agreed: (1) unless sub-paragraph (2) applies, the Customer or a third party shall be entitled to carry out an investment in respect of the Connection Assets, subject to necessary land access being negotiated with Transpower, Good Electricity Industry Practice and, if applicable, compliance with rules 5.1 to 5.3 rule 5 of section II of part F of the Electricity Governance Rules; or (2) Transpower may ask the Board to request that Transpower submit a grid upgrade plan Grid Upgrade Plan in respect of the Connection Assets and, if the grid upgrade plan Grid Upgrade Plan is approved, carry out the investment set out in the grid upgrade planGrid Upgrade Plan. For the avoidance of doubt, if the grid upgrade plan Grid Upgrade Plan is not approved, the Customer or a third party may carry out an investment under sub-paragraph (1) above.