94KMatters to be included in final TSO cost calculation determination

1. A final TSO cost calculation determination must include,—

2. if the TSO instrument does not contain a specified amount, the net cost to the TSO provider of complying with the TSO instrument during the financial year and all material information that—
   1. relates to the calculation of the net cost; and
   2. would not, in the opinion of the Commission, be likely to unreasonably prejudice the commercial position of the TSO provider; and
3. if the TSO instrument does not contain a specified amount and is a deemed TSO instrument, the net revenue for the financial year of all providers under deemed TSO instruments, excluding the provider whose net cost is set out under paragraph (a), and all material information that—
   1. relates to the calculation of the net revenue; and
   2. would not, in the opinion of the Commission, be likely to unreasonably prejudice the commercial position of any TSO provider; and
4. if the TSO instrument contains a specified amount, the dollar amount of the specified amount and all material information that—
   1. relates to the calculation of that amount; and
   2. would not, in the opinion of the Commission, be likely to unreasonably prejudice the commercial position of the TSO provider; and
5. the amount (if any) by which the total amount that the TSO provider would receive from the Crown in relation to the TSO instrument must be reduced because the TSO provider has not complied with the TSO instrument; and
6. the amount payable by the Crown to the TSO provider in relation to the TSO instrument in respect of the financial year calculated,—
   1. in the case of a TSO instrument that does not contain a specified amount and is not a deemed instrument, by subtracting the amount of the reduction (if any) referred to in paragraph (c) from the net cost referred to in paragraph (a); and
   2. in the case of a TSO instrument that does not contain a specified amount and is a deemed TSO instrument, by subtracting the amount of the reduction (if any) referred to in paragraph (c) and the net revenue referred to in paragraph (ab) from the net cost referred to in paragraph (a); and
   3. in the case of a TSO instrument that contains a specified amount, by subtracting the amount of the reduction (if any) referred to in paragraph (c) from the specified amount referred to in paragraph (b); and
7. the amount payable by the Crown to the TSO provider in relation to the TSO instrument for the loss of use of the amount referred to in paragraph (d), calculated at the 90-day bank bill rate (as at the date of the final determination) for the period commencing from the end of the financial year and ending with the date of the final TSO cost calculation determination; and
8. the methodology used by the Commission in preparing the determination.

10. To avoid doubt, if the calculation under subsection (1)(a) or (b) results in a figure that is zero or less, the amount for the purposes of subsection (1)(d) and (e), and that must be included in the determination, is zero.