26.2  Request by Service Provider

(a)  If the Service Provider believes that the exercise by the Authority of any statutory power is essential to enable the Service Provider to perform any obligation under this Contract, the Service Provider shall give written notice to that effect to the Authority and such notice shall:

(i)  clearly specify the action requested of the Authority, the duty of the Service Provider under this Contract in respect of which such action is requested and the reasons why such action by the Authority is required;

(ii)  indicate the time by which the requested action is required; and

(iii)  set out any recommendation by the Service Provider in respect of the requested action.

(b)  No later than fifteen (15) Business Days after receipt of the notice referred to in clause 26.2(a), the Authority shall acknowledge receipt of such notice and shall give its estimate of the date on which it will respond on the merits of the request, which date shall be as soon as reasonably practicable in the circumstances, taking into consideration, among other things, any requirement for consultation with the public or other Interested parties in connection with such request.  No such estimate shall be binding on the Authority.

(c)  The Authority shall consider on its merits in accordance with its statutory duties any request for action contained in the notice referred to in clause 26.2(a). Without limiting the discretion of the Authority in responding to any such request, the Authority shall, in reaching any such decision, give consideration, among other things, to the matters set out in clause 26.3. The decision of the Authority on the merits of the request shall not be subject to review under the Dispute Resolution Procedure.