Electricity Networks Access Code Amendments 2006 (WA)

1 September 2006	GOVERNMENT GAZETTE, WA	3603
EN401*

ELECTRICITY INDUSTRY ACT 2006

ELECTRICITY NETWORKS ACCESS CODE AMENDMENTS 2006

I, Francis Logan, Minister for Energy for the State of Western Australia, hereby amend the Electricity
Networks Access Code 2004 established under section 104(1) of the Electricity Industry Act 2004.

Dated at Perth this 28th day of August 2006.

FRANCIS LOGAN.

Made by the Minister

1. Citation

These amendments may be cited as the Electricity Networks Access Code Amendments 2006.

2. Commencement

These amendments come into operation on the date on which these amendments are published in the

Gazette.

3. The Electricity Networks Access Code amended

These amendments are to the Electricity Networks Access Code 2004* ("Code").

['Published in Gazette 80 November 2004, p. 5517-5700]

4. Section 1.3 amended

Section 1.3 is amended as follows—

(a) in paragraph (a) of the definition of "anticipated incremental revenue" by deleting "tariff income" and inserting instead—

"income from charges (excluding any capital contributions)".

(b) in the definition of "approved total costs" by deleting paragraph (a) of the definition and inserting instead—

"(a) those capital-related costs which either-

(i) satisfy the new facilities investment test; or

capital baser .

(ii) satisfy the test for being added to the capital base under section 6.56;

and".

5. Section 6.50(b) amended

Section 6.50(b) is amended by deleting paragraph (b) and inserting instead—

"(b) at the time of inclusion is reasonably expected to meet either-

(i) the new facilities investment test; or

(ii)   the test for being added to the capital base under section 6.56,

when made.".

6. Section 6.51 amended

Section 6.51 is amended by deleting "to meet the new facilities investment test when the forecast new facilities investment is forecast to be made." and inserting instead—

"to meet either—

(a) the new facilities investment test; or

(b) the test for being added to the capital base under section 6.56,

when the forecast new facilities investment is forecast to be made.".

7. Note inserted into Section 6.52

After the heading to section 6.52 and before section 6.52, the following note is inserted—

"{Note: Section 6.56 provides another circumstance in which new facilities investment may be added to the

3604	GOVERNMENT GAZETTE, WA	1 September 2006
8. Section 6.56 inserted

After section 6.55 the following heading and section is inserted—

"Capital base may include capital contributions in certain circumstances

6.56 Despite section 6.52, if—

(a)	a capital contribution has been, or is expected to be, provided to the service provider, and
(b)	the new facilities investment in respect of which the capital contribution is made meets the requirements of section 6.52(a); and
(c)	an amount in respect of the capital contribution is deducted from the service provider's target revenue,

then an amount of new facilities investment in respect of the capital contribution may be

added to the capital base.".

9. Sections 4.70 and 4.71 inserted

After section 4.69 the following heading and sections are inserted—

"Suspension of deadlines for Code amendment

4.70 In section 4.71, "notice of proposed amendment" means a written notice, expressed to

be given under this section 4.70, from the Coordinator to the Authority in respect of a

proposed amendment to, or repeal and replacement of, this Code.

4.71 Despite anything else in this Code, if the Coordinator gives the Authority a notice of

proposed amendment, then—

(a)

the Authority may, by publishing a notice, suspend the operation of the deadline for the issue of a draft decision under section 4.12, a final decision under section 4.17 or an interim access arrangement under section 4.59, if the Authority reasonably considers that the proposed amendment, or repeal and replacement, would, if made, materially affect the Authority's determination of the draft decision, final decision or interim access arrangement; and

(b)

if the Authority suspends a deadline under section 4.71(a)—time ceases to run in respect of the relevant deadline until the suspension is ended by the Authority publishing a notice, which it must publish no later than 10 business days after the earlier of-

(i) the date the amendment, or repeal and replacement, takes effect; and

(ii)  the date the Coordinator gives the Authority written notice withdrawing the notice of proposed amendment.".

10. Opening words to Appendix 4 amended

Appendix 4 is amended in the opening words by inserting a new fourth paragraph before the paragraph commencing "Footnotes following each matter... "—

"If an access arrangement is to include capital contributions in the capital base under section 6.56, the Authority should consider whether, and if so how, the capital contributions policy in the access arrangement should differ from this model capital contributions policy.".