Gas Transmission Amendment Regulations 1996 (WA)
GOVERNMENT GAZETTE, WA [29 March 1996
GAS
| GS301 | GAS CORPORATION ACT 1994 |
GAS TRANSMISSION AMENDMENT REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Gas Transmission Amendment
Regulations 1996.
Principal regulations
2. In these regulations the Gas Transmission Regulations 1994* are
referred to as the principal regulations.
t* Published in Gazette of 22 December 1994 at pp. 1-125.]
Regulation 3 amended
3. Regulation 3 of the principal regulations is amended in the definitions of
"summer" and "winter" by deleting —
(a)
"October" where it occurs in each definition and substituting in each case the following —
a November ''; and (b)
"April" where it occurs in each definition and substituting in each case the following —
91A. Subject to regulation 71, the corporation and a shipper may at any time agree in writing to revoke, substitute or amend any provision of the shipper's transmission contract. ff. a May
Regulation 90 amended
4. Regulation 90 (1) of the principal regulations is amended by inserting
after paragraph (i) the following paragraph —
a (ia) each regulation in Part 9A; ff .
Regulation 91A inserted
5. Division 5.1 of the principal regulations is amended by inserting after
regulation 91 the following regulation —
aRevocation, substitution and amendment of transmission contract
29 March 19961 GOVERNMENT GAZETTE, WA 1525 Regulation 185 amended
6. Regulation 185 (1) (b) of the principal regulations is amended by deleting
"110%" and substituting the following -
120%
Part 9A inserted
7. After regulation 243 of the principal regulations the following Part is
inserted -
PART 9A - RELINQUISHMENT OF CAPACITY
Definitions
243A. In this Part - "relinquishable capacity" means capacity which is the
accepted under regulation 243F (1); subject of a relinquishment offer which has not been
"relinquished capacity" means capacity which is the
subject of a relinquishment acceptance;
"relinquishing shipper" means a shipper which has made a relinquishment offer which has not been withdrawn;
"relinquishment acceptance" means a notice in writing
a relinquishing shipper; given by the corporation under regulation 243F (1) to
"relinquishment offer" means an offer (as amended or
and not withdrawn under regulation 243D (1) (a). shipper to the corporation under regulation 243C (1) modified, if applicable, under this Part) made by a
Shipper's contracted capacity not relinquishable except under this Part
243B. A shipper cannot relinquish any of its contracted capacity other than in accordance with this Part.
Shipper may make relinquishment offer 243C. (1) A shipper may offer to relinRuish all or part of its contracted capacity by giving notice in writing to the corporation specifying the amount of contracted capacity offered to be relinquished at an inlet point and in a tranche at an outlet point.
acceptance is to apportion any relinquished capacity between the (2) A relinquishment offer may specify how a relinquishment
relinquishing shipper's contracted capacities for each season.
(3) A relinquishment offer, unless accepted under regulation
243F (1), has no effect on the relinquishing shipper's transmission contract. Withdrawal of relinquishment offer
243D. (1) A relinquishing shipper may at any time give notice in writing to the corporation that it wishes -
(a) to withdraw its relinquishment offer; or (b) to amend its relinquishment offer,
| 1526 | GOVERNMENT GAZETTE, WA | 129 March 1996 |
and that relinquishment offer is by force of this subregulation withdrawn or amended, as the case requires, from the time when that notice is received by the corporation.
Regulation 253 (1) and (2) does not apply to notices given
under subregulation (1).
Notification of relinquishable capacity
(2)
243E. ensure that all shippers are notified of the current total of (1) The corporation must use reasonable endeavours to
relinquishable capacity in such a way that they all receive notice in writing at, or at approximately, the same time as the corporation makes available to all shippers a bulletin under regulation 163.
The corporation must, whenever requested by a person to
do so, provide the person, at the expense of the person, with a
statement of the current total of relinquishable capacity.
(2)
Corporation may accept relinquishment offer
243F. (1) The corporation may at any timegive notice in writing to a relinquishing shipper accepting its relinquishment offer. (2) A relinquishment acceptance - (a) may be given in respect of all or part only of any relinquishable capacity; and
(b) must not apportion relinquished capacity between the relinquishing shipper's contracted capacities for each season in a manner inconsistent with any
specification under regulation 243C (2).(3) Subject to subregulation (2), the corporation's discretion in determining -
(a) whether or not to give a relinquishment acceptance; (b) in respect of how much of any relinquishable capacity to give a relinquishment acceptance;
(c) how any relinquished capacity is to be apportioned between the relinquishing shipper's contracted
capacities for each season; and
(d) acceptances to relinquishing shippers,
the order in which it gives relinquishment is to be absolute and unfettered.
(4) Without limiting the generality of subregulation (3) - (a) the corporation's discretion is not to be limited by -
(i) any circumstances of the relinquishing shipper; (ii) capacity in the gas transmission system; the current or projected level of utilization of
(iii) anticipated applications under Part 4; or the number (if any) or magnitude of current or
(iv) the order in which relinquishment offers are received by the corporation;
and
(b) nothing in this Part obliges the corporation to give a
relinquishment acceptance in preference to providin
Schedule 5 to the Act. any developable capacity as defined by clause 15
29 March 19961 GOVERNMENT GAZETTE, WA 1527 Effect of relinquishment acceptance
243G. (1) Upon receipt by the relinquishing shipper of a
relinquishment acceptance -
(a) the relinquishing shipper's transmission contract is by force of this subregulation amended so that the relinquishing shipper's contracted capacity at the inlet point and in the tranche at the outlet point is reduced by the amount of the relinquished capacity;
(b) if, as a result of a reduction under paragraph (a) the sum (across all tranches and all outlet points) o' the relinquishing shipper's contracted capacities is reduced to zero, the relinQuishing shipper's transmission contract is by force of this subregulation terminated; and
(c) if the relinquishment acceptance is given in respect of -
(i) part only of the relinquishable capacity, the relinquishment offer remains in effect, subject to regulation 243D, in respect of the
relinquishable capacity which has not become
relinquished capacity; or
all of the relinquishable capacity, the shipper's transmission contract, as amended under subregulation (2) Subject to subregulation (1) (b), the relinquishing relinquishment offer ceases to have effect. (ii)
(1) (a), remains in effect after receipt by the relinquishing shipper of the relinquishment acceptance and the corporation is not obliged to release all or any part ot any bond, deposit, security or other form of assurance provided by the relinquishing shipper.
relinquished capacity is to be taken to be spare capacity. (3) For all purposes under the Act and these regulations, (4)
Without limiting the generality of subregulation (3), relinquished capacity may subsequently be the subject of agrant
of capacity at a different inlet point or in a different tranche at
the same or a different outlet point.
(5) In subregulation (4), a reference to - (a) a different inlet point is a reference to a different
inlet point to the inlet point at which;
(b) a different tranche is a reference to a different tranche to the tranche in which;
(c) the same or a different outlet point is a reference to the same outlet point as, or a different outlet point to,
the outlet point at which,
the relinquished capacity had been granted to the relinquishing
shipper.
Administrative expenses
243H. A relinquishing shipper must, when requested by the corporation to do so, reimburse the corporation for all reasonable expenses incurred by the corporation by reason of any -
(a) relinquishment offer; (b) notice given under regulation 243D (1); or (c)
relinquishment acceptance. ,,
By His Excellency's Command,
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