(1)  For the Act, section 48(4)(a), a circumstance in which an LTES agreement shows outstanding merit includes the consumer trustee being satisfied the agreement shows more merit than other LTES agreements for generation infrastructure recommended by the consumer trustee.

(2)  For the Act, section 48(4)(b), the consumer trustee must take the following into account in making a recommendation that relates to generation infrastructure specified in the Act, section 43(1)(a) that is not, or will not be, part of a renewable energy zone—

(a)  the long-term financial interests of NSW electricity customers,

(b)  how the LTES agreement contributes to achieving the infrastructure investment objectives,

(c)  the non-financial value criteria of the LTES agreement,

(d)  the impact of generation infrastructure under the LTES agreement on congestion in the NSW region.