Legal development

NSW LTESA Firming Tender Announced

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    What you need to do:

    Stakeholders should note the key dates below if interested in participating in the tender.

    We would be pleased to assist you in the preparation of your bid, and share some insights based on our review of the tender materials and similar government-run auctions that we have assisted clients on in the past.

    Tender Round 2 - Firming Infrastructure Opening Soon

    As a part of the NSW Electricity Infrastructure Roadmap, the Consumer Trustee (AEMO Services) will be commencing a competitive tender for firming infrastructure on 3 April 2023

    This second tender round aligns with the Consumer Trustee's 10 Year Tender Plan for built energy infrastructure in NSW released in its 2022 Infrastructure Investment Objectives Report. This competitive tender round will be for an indicative amount of 380 MW of firming infrastructure. The Consumer Trustee has stated that this is the only planned tender for firming infrastructure.

    Any scheduled firming technology is expected to be able to participate in this tender round, provided it meets the Eligibility Criteria set out in the Tender Round 2 –Guidelines. Examples of potentially applicable technologies include battery storage, thermal storage, gas peaker plants and loads capable of participating in the Wholesale Demand Response mechanism.

    Tender Guidelines and Documentation

    The Tender Round 2 –Guidelines outline the key information needed to participate in the firming tender.

    The following documents are also available for download here:

    • Tender Rules;
    • Draft Firming Supply Project development Agreement (PDA);
    • Draft long form Demand Response LTESA;
    • Draft long form Firming Supply LTESA;
    • Tender Process Deed (which will be published at a later date);
    • Draft Tripartite Deed - Firming Supply LTESA and PDA;
    • Draft Tripartite Deed - Demand Response LTESA;
    • Social Licence Market Briefing; and
    • Guidance on completing the social licence returnable schedules.

    Key Dates

    Below are some of the key dates for the Tender Round 2 that proponents should be aware of:

    Tender Commencement Date
    3 April 2023
    Project Bid Closing Date and Time
    18 May 2023 at 5.00pm AEST
    Invite to submit Financial Value Bid
    June 2023
    Financial Value Bid Closing Date and Time
    July 2023
     Tender Announcement Outcomes September 2023

    Click here to see our latest Energy Alerts, as part of our Energy Alert Series.

    Authors: Paul Newman, Partner; Andre Dauwalder, Counsel; and Alexia Cuss, Associate.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.


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