Section 109: Private sector investment in transmission network.

(1) Investment in the national grid may be made in accordance with such regulations the Commission may issue and shall be undertaken by -
(a) the successor transmission licensee with the approval of the Commission for the expansion or integration of technology into existing transmission infrastructure provided under this Act; or
(b) a non-licensee in the existing transmission owned, operated and maintained by the successor transmission licensee based on project agreement between such a non - licensee and the licensee.
(2) Nothing in subsection (1) prohibits the Commission in consultation with the appropriate Authority from approving an application by a non-licensee for -
(a) a long term concession of old or new transmission lines under any concession or commercial arrangement with the TSP as may deem necessary;
(b) any concession or commercial arrangement between concessioners and successor transmission licensee for expansion of the transmission network; and
(c) project finance by private investors whereby such investors finance, build, own and maintain parts of the transmission network.