Gas Transmission Regulations 1994 (WA)
P R INT POST APPROVED PP665002/00041
WESTERN 6895 AUSTRALIAN
GOVERNMENTt taze e
PERTH, THURSDAY, 22 DECEMBER 1994 No. 180 SPECIAL
PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 3.30 PM
GAS CORPORATION ACT 1994
GAS TRANSMISSION
REGULATIONS 1994
WESTERN AUSTRALIA
GAS TRANSMISSION REGULATIONS 1994
ARRANGEMENT
PART 1 — PRELIMINARY
1. Citation
2. Commencement
3. Definitions
4. 24 hour clock
5. Application of Interpretation Act 1984 preserved
6. SI units
7. Extended term of transmission contract
8. Capacity to be in terajoules per day
PART 2 — ACCOUNTABILITY
Division 2.1 — Reporting
9. Definitions
10.
Reports and forecasts 11. Individualised report
12. Protection of confidential information
13. Description of the gas transmission system
14. Maintenance schedules
Division 2.2 — Prevention of communication of inside information
15. Definitions
16. Procedures to prevent communication of inside information
17. Monitoring of compliance
18. Reporting of procedures to prevent communication of inside information
19. Minister to be notified if inside information communicated
20. Codes of conduct
Division 2.3 - Nondiscrimination
21. Gas transmission business must not discriminate
22. Exemptions from requirement of non-discrimination
23. Valid grounds for differential conduct
24. Non-discrimination to continue into contract
25. Minister to be notified of any finding of discrimination
Division 2.4 - Consultation and review
26. Definitions
27. Gas Transmission Consultation Committee
28. Minister to appoint persons
29. Appointed persons to consult with other shippers, prospective shippers and exempted contractors
30. Committee to meet and discuss
31. Powers of committee
32. Costs of committee
33. Corporation to appoint expert
34. Powers of expert
35. Corporation must assist expert
36. Expert's report
37. Costs of expert review
38. Corporation not fettered
PART 3- CAPACITY TRANCIJES AND
GAS TRANSMISSION SERVICES
Division 3.1 - Interpretation and general 39. Identification and prescription of tranches
40. Reporting of curtailments and interruptions
41. Seasonal capacities
42. Saving of remedies and saving of power to curtail
43. Each tranche to be treated separately
44. Firmand non-firm capacities
45. Tranches are full-haul capacity only
Division 3.2 - Capacity tranches
46. Minimum duration for grant of capacity
47. Curtailment and interruption between tranches
48. Capacity in Tranches 1 and 2 is take-or-pay
49. Tranche 1
50. Tranche 2
51. Tranche 3
52. Terms and conditions of Tranche 3 subject to contract
53. Major works
54. Maintenance
55. Curtailment or interruption for shipper's default
56. Advance notice of curtailment or interruption
57. Mechanism for curtailment or interruption
58. Expansion of the gas transmission system is subject to preservation of shippers in Tranche 2
Division 3.3 - Transmission and miscellaneous services
59. The corporation must accept gas up to a shipper's daily nomination
60. Corporation may refuse to accept gas
61. Miscellaneous goods and services
Division 3.4 - Part-haul and back-haul capacities
62. Terms and conditions for part-haul and back-haul negotiable
63. Corporation may prescribe terms and conditions for part-haul and back-haul
64. References to capacity exclude part-haul and back-haul capacities
PART 4- APPLICATION FOR A GRANT OF CAPACITY
Division 4.1 - Interpretation and general 65. Definitions
66. Access to gas transmission capacity must be under these regulations
67. Approved prospective shippers
68. Application process is at shipper's expense
Division 4.2 - The application
69. Lead times for applications
70. Application for grant of capacity
71. Shipper may increase capacity only by new application
72. Requests for advance information
73. Shipper requesting developable capacity to assist in environmental and safety matters
74. Customer wishing to become a shipper
Division 4.3 - Processing the application
75. Corporation must process application expeditiously
76. First come first served
77. Conditions precedent for grant of capacity
78. When the corporation must grant or may offer to grant capacity
79. Assessment of compliance with conditions precedent
Division 4.4 - Rejection of application
80. If application does not comply with a condition precedent
81. Applicant may elect to negotiate amendment
82. Application deemed rejected after 90 days in any event
83. Amendment of application
84. Priority of amended applications
85. Agreement to amend after rejection
Division 4.5 - Grant of capacity
86. Grant of capacity
PART 5- CONTRACTUAL MATTERS
Division 5.1 - The transmission contract
87. Provision of capacity to be by written contract
88. Provision of access to the corporation to be by arrangement in identical terms
89. Contracting out of non-essential terms
90. Essential terms
91. Other terms
Division 5.2 - Invoicing and payment
92. Definitions
93. Monthly payment of capacity reservation charge
94. Monthly invoicing
95. Payment within 10 working days
96. Disputed invoices
97. Correction of payment errors
Division 5.3 - Title to gas
98. Definitions
99.Shipper must have title to gas
100. No actions against the corporation in respect of gas delivered to the corporation
101. Delivery of gas is transfer of title and possession
102. Corporation may deal with gas
103. Shipper's entitlement to receive as from the corporation
104. Shipper's entitlement not reduced for lost gas or operational fuel
105.
Shipper's entitlement to receive gas is contractual 106. Exclusion of right to use and property rights
107. Only shipper may take delivery, title and possession of gas from the corporation
Division 5.4 - Default and termination
108. Default by shipper
109. Notice of shipper's default
110. When corporation may exercise remedy
111. Remedies for shipper's default
112. Saving of the corporation's other remedies
113. Effect of termination
Division 5.5 - Liability of parties
114. Definitions
115. Force majeure
116. Liability for negligence and default limited to direct damage
117. Liability for fraud
118. No liability for indirect damage
119. No liability arising out of any approval by the corporation
120. Saving of contractual payments
121. Shipper is responsible for its and its contractors' personnel and properti
122. Corporations liability to third persons
123. Each limitation separate
Division 5.6 - Miscellaneous contractual matters
124. Shipper's representations and warranties
125. Commercial status of shipper
126. Transmission contracts to be publicly available
127. Records and information
128. Insurances
129. No waiver
130. Entire agreement
131. Severability
132. Governing law
133. Assignment
134. Option to renew contract
PART 6- PRICING METHODS AND PRICES
135. Definitions
136. Pricing methods adopted by the corporation in accordance with clause 5 (2) of Schedule 5 to the Act
137. Full-haul gas transmission capacity most important
138. Transitional
139. Exempted contracts
140. Prices to be determined separately
141.
Capacity reservation charge 142. Capacity reservation charge for full-haul capacity in Tranche 1
143. Capacity reservation charge for full-haul capacity in Tranche 2
144. Commodity charge
145. Commodity charge for Tranches 1 and 2 full-haul
146. Discount in respect of Wesfarmers LPG Pty Ltd
147. No price variations for gas quality
148. Charges for part-haul capacity
149. Charges for back-haul capacity
150. Tranche 3 charge
151. Price redeterminations
152. Annual adjustment of commodity charge
153. Discount for opportunity cost pricing
154. Surcharge for developable capacity which is not commercially viable
155. Shipper specific charges
PART 7- NOMINATIONS AND BALANCING
Division 7.1 - Interpretation and general 156. Definitions
157. Shipper may delegate to a producer
158. Requests for advance information
159. Additional capacity is Tranche 3 capacity
160. Shipper's daily nominations do not affect contracted capacities
161. Nominations have priority over renominations
162. Nominations and renominations must be in good faith
Division 7.2 - Nominations
163. Corporation to make available bulletins of available capacity
164. Nominations only at contracted inlet and outlet points
165. Shipper's advance nominations
166. Shipper's initial nomination
167. The corporation's other business
168. Allocation of shipper's daily nominations
169. Default provision for shipper's daily nomination
Division 7.3 - Renominations
170. Definitions
171. Shipper may give renomination notice
172. Time for renomination
173. Renominations reducing shipper's daily nomination
174. Renominations increasing shipper's daily nomination
175. Default provision for renomination process
Division 7.4 -Balancing
176. Definitions
177. Negative numbers
178. Corporation to maintain balance
179. Apportionment of renominated shipper's daily nomination
180. Corporation's other business' WLPG plant usage and
gas transmission usage 181. Shippers' accumulated imbalances
182. Notice of shippers' imbalances
183. Balancing and peaking obligations pending prescription of surcharges
184. Surcharge for imbalances
185. Surcharge for peak hourly quantity
186. Surcharge for peak daily quantity
187. Surcharges do not affect a shipper's daily nominations
188. Corporation to keep imbalance and peaking records
189. Corporation may prescribe imbalance and peaking surcharges
190. Contracting out of peaking requirements for Tranche 3
191. Gas purchase and sale for balancing purposes
192. Trading in imbalances
193. Cashing out imbalances
PART 8 - TECHNICAL AND OPERATIONAL MATTERS
Division 8.1 - Inlet and outlet stations 194. Multi-shipper inlet and outlet stations
195. Sites for inlet and outlet stations
196. Reverse and excessive flow protection
197. Electrical isolation and earthing
198. Installation, operation and maintenance of inlet and outlet stations
199. Compatibility of new equipment with existing equipment
Division 8.2 - Gas specifications
200. Definitions
201. Minister may prescribe gas quality specifications
202. Prescribed specifications for outlet points must comply with
Gas Standards Act 1972
203. Prescribed specifications subject to prior contractual obligations
204. Minister to have regard to certain matters
205. Components of gas quality specifications
206. Gas to be free from certain substances
207. Transmission contracts to incorporate prescribed specifications
208. Gas must comply with prescribed specifications
209. Gas temperature and pressure
210. Corporation and shipper may refuse to accept out-of- specification gas
211. Corporation may accept out-of-specification gas
212. Shipper may accept out-of-specification gas
Division 8.3 - Metering
213. Definitions
214. Shipper's responsibility
215. Corporation's responsibility
216. Metering uncertainty
217. Primary metering equipment
218. Provision of information to shippers
219. Changes to requirements for metering equipment
220. Approval of inlet metering equipment
221.
Check metering equipment 222. Preservation of accuracy
223. Presumptions of accuracy
224. Verification of primary metering equipment
225. Adjustment or replacement of defective equipment
226. Inaccurate equipment
227. Correction of measurements
228. Metering records
Division 8.4 - Other technical matters
229. SCADA
230. Standards generally
231. Gas losses and gas consumed by the corporation
232. Emergencies
PART 9- CAPACITY TRADING
233. Definitions
234. No transfer of shipper's contracted capacity other than by this Part
235. Approval of transfer terms
236. Replacement shipper must be a shipper or approved prospective shipper
237. Posting of tradeable capacity
238. Notification of traded capacity
239. Replacement contract
240. Original shipper's transmission contract
241. Resumption of traded capacity by original shipper
242. Administrative expenses
243. Further marketing service
PART 10 - MISCELLANEOUS
Division 10.1 -Dispute resolution
244. Definitions
245. Prescribed disputes
246. Parties to attempt to resolve
247. Disposition of unresolved disputes
248. Arbitration
249. Dispute not a default
Division 10.2 - Communication, documents, records etc 250. Notices for nominations, balancing and capacity trading
251. Electronic bulletin board
252. Notices generally
253. Receipt of notices
Division 10.3 - Other miscellaneous provisions
254. These regulations prevail over Goldfields Gas Pipeline by-laws 255. Access and inspection
256. Ownership, control, maintenance and risk
257. No common carriage
258. Corporation not a supplier of backup gas
PART 11- TRANSITIONAL
259. Exempted capacity and initial shippers' capacity not spare capacity
260. Initial shippers
261. Pre-scheme metering equipment deemed to comply
262. Pre-scheme gas specifications
SCHEDULE 1
TRANCHES AND Ti AND T2 CUTOFFS
SCHEDULE 2
CURTAILMENT PLAN
1. Interpretation
2. Absolute priority for gas transmission business' requirements
3. Corporation's other business' priority capacity
4. Alcoa's priority capacity
5. All other capacity pro-rated
SCHEDULE 3
GRANT OF CAPACITY ('fiLE TRANSMISSION CONTRACT)
1. Recitals
2. Interpretation
3. The contract
4. Duration of contract
5. Imported terms of this contract
6. Contracted capacities
7. Prices
8, 9, 10, etc. Other agreed terms of this contract
SCHEDULE 4
GAS QUALITY SPECIFICATIONS
SCHEDULE 5
CAPACITY UNDER EXEMPTED CONTRACTS
SCHEDULE 6
INITIAL SHIPPERS
GAS CORPORATION ACT 1994
GAS TRANSMISSION REGULATIONS 1994
Made by His Excellency the Governor in Executive Council.
PART 1— PRELIMINARY
Citation
1. These regulations may be cited as the Gas Transmission Regulations 1994.
Commencement
2. These regulations come into operation on the day on which section 91 of the Act comes into operation.
Definitions
3. In these regulations, unless the contrary intention appears -
"Act" means the Gas Corporation Act 1994;
"additional T3 capacity" means capacity nominated by or allocated to a shipper under Part 7 in excess of the shipper's contracted capacity;
"approved prospective shipper" means a person who has been designated as such by the corporation under regulation 67;"AS" followed by a designation, refers to the text from time to time amended and for the time being in force of the document so designated issued by the Standards Association of Australia;
"back-haul capacity" means capacity at an outlet point located
upstream from the inlet point or points at which a shipper'sdelivery of gas gives rise to an entitlement to gas at the outlet point; "capacity" means the capacity of the gas transmission system to deliver gas;
"capacity reservation charge" means the capacity reservation charge adopted and determined in accordance with Part 6;
"commercially viable" means, in respect of any capacity, service or thing, that there is a reasonable commercial prospect that the corporation will recover within a reasonable time, from either shippers or prospective shippers or both, the costs and capital investment required to provide that capacity, service or thing, and a reasonable rate of return on that capital investment;
"committed", in respect of any capacity in any period, means that the capacity has been granted to a shipper for that period, or an option has been granted to a shipper to extend a transmission contract in respect of that capacity in respect of that period;
"commodity charge" means the commodity charge adopted and determined in accordance with Part 6;
"confidential information" means any matter or information which relates specifically to the affairs of an individual or a particular body of persons (whether corporate or unincorporated) which is claimed by the individual or body of persons to be confidential, where the disclosure of that matter or information would or might seriously and prejudicially affect the interests of that individual or body of persons;
"contracted capacity", in respect of a shipper, means the capacity which has been the subject of a grant of capacity to the shipper at an inlet point or in a tranche at an outlet point;
"Coordinator" means the Coordinator of Energy under the Energy Coordination Act 1994;
"corporation's other business" means all of the corporation's (or any subsidiary's) business and operations which are not the gas transmission business;
"CPI" means the Consumer Price Index (All Groups) for Perth, Western Australia, as published for each quarter by the Australian Bureau of Statistics or, if the Consumer Price Index (All Groups) for Perth ceases to be published, such alternative index as the corporation as a reasonable and prudent person may determine;
"CS9" means the compressor station site known as Compressor Station 9 and located 1257 pipeline kilometres south of Dampier;
"discriminate" means to engage in differential conduct towards 2 or or more shipper or prospective shipper is materially advantaged more shippers or prospective shippers in such a manner that one or disadvantaged as against the other or others, but does not
include engaging in conduct described in regulation 23;"environmental and safety law" means a law relating to environmental, building, construction, engineering, planning,
health, safety or occupational health and safety matters;
"emergency" has the meaning given to it by regulation 232 (6);
"exempted contract" means any contract or any provision of such a contract the subject of a Ministerial order under clause 6 of Schedule 5 to the Act;
"force majeure" means, except in regulation 91, any event or circumstance not within the corporation's control and which the corporation, by the exercise of the standards of a reasonable and prudent person, is not able to prevent or overcome, including without limitation -
(a) acts of God, including without limitation epidemics, land slides, lightning, earthquakes, fires, storms, floods, wash outs and cyclones; (b) strikes, lock outs, stoppages, restraints of labour and other industrial disturbances; (c) acts of the enemy including without limitation wars, blockades or insurrection; (d) riots and civil disturbances; (e) valid laws of the Commonwealth or any Commonwealth statutory authority; (U valid laws, having general application, of the State or a localgovernment or any State statutory authority (other than the corporation); (g) shortage of necessary equipment, materials or labour; (h) refusal or delay in obtaining any necessary consent or approval from any Commonwealth or local government or any Commonwealth or State statutory authority; (1) unavoidable accidents involving, or break down of or loss or damage to, any plant, equipment, materials or facilities necessary for the corporation's operations;
(j) any pipeline shutdown or interruption which is validly required or directed by any Commonwealth or local government agency or any Commonwealth or State statutory authority having authority to so require or direct; (k)
with design or regulatory limits on pipeline facilities, any pipeline shutdown or interruption required to conform whether arising due to environmental conditions or circumstances or otherwise;
(1) pipeline ruptures;
(m) collisions or accidents; and (n) any other matter reasonably beyond the control of the corporation; "full-haul capacity" means capacity at an outlet point located downstream from CS9;
"gas day" means the 24 hour period starting at 08:00 hours on a day and ending at 08:00 hours the following day;
"gas month" means a calendar month starting at 08:00 hours on the first day of the month and ending at 08:00 hours on the first day of the following month;
"Gas Referee Regulations" means regulations made under section 95 (1) (c) of the Act;
"gas transmission business" means that part of the corporation's (or any subsidiary's) business and operations involved in the granting of capacity, and the maintenance and provision of gas transmission capacity;
"gas transmission capacity" means the capability of thegas transmission system to transport gas, consistent with the need to preserve that system's capability to transport gas from Dampier to points south of CS9;
"gas transmission system" means the gas pipeline system between Dampier and Bunbury operated by the corporation and more particularly described in accordance with regulation 13, including all associated equipment;"gas year" means the 12 month period starting at 08:00 hours on 1 October and ending at 08:00 hours the following 1 October;
"grant of capacity" means a grant of capacity (commencing immediately or at any future time) under and in accordance with the Act and these regulations, on the terms and conditions set Out in the notice of grant in accordance with Division 4.5, and includes a deemed grant of capacity;
"higher heating value" is to be determined using ISO 6974 for the analysis of natural gas and using ISO 6976 for the calculations from that analysis, and means the gross number of megajoules produced by the complete combustion of one cubic metre of dry gas at MSC with air of the same temperature and pressure, when the products of combustion are cooled to the initial temperature of the gas and air and when all water formed by combustion is condensed to the liquid state, corrected to a water-vapour free basis and expressed at MSC;
"initial shipper" means a person deemed by regulation 260 to have received a grant of capacity; "inlet point" means the flange or joint or other point specified in the transmission contract as the point at which the shipper delivers gas to the corporation under a transmission contract, and if the shipper delivers such gas at more than one inlet point, means each of them separately;
"inlet station" means the metering equipment site upstream of the inlet point and includes all facilities installed at the site to perform overpressure protection, reverse flow protection, excessive flow protection,gas quality monitoring, gas metering and measurement, and telemetry, and all standby, emergency and safety facilities, and all ancillary equipment and services;
"insolvency event" means any one or more of -
(a) the shipper (being a natural person) becoming bankrupt or in any way taking advantage of or seeking relief under any
statute relating to bankruptcy or the relief of debtors;
(b) any execution or other process of any court or authority being issued against or levied upon any material part of the
shipper's property or assets;
(c) a petition or application being presented or an order being made or a resolution being passed or a meeting being summoned or convened for the purpose of considering a resolution for the winding up or dissolution without winding up of the shipper otherwise than for the purpose of reconstruction or amalgamation under a scheme to which the corporation has given consent; (d) a receiver or receiver and manager of the undertaking or any material part thereof of the shipper being appointed or
any steps being taken for such appointment by any person;
(e) the shipper proposing to enter or entering into any arrangement, reconstruction or composition with or for the
benefit of its creditors;
(0 an administrator of the shipper being appointed or the board of directors of the shipper passing a resolution or convening a meeting for the purpose of considering a resolution to the effect of that specified in section 436A (1) of the Corporations Law;
(g) the shipper failing (as defined by section 459F of the Corporations Law) to comply with a statutory demand;
(h) a controller (as defined in the Corporations Law) being appointed in respect of the shipper or the whole or a material part of the shipper's undertaking, property or assets, or any steps being taken for the appointment of such a person;
(i)
application being made to a Court for an order in respect of the shipper under section 260 of the Corporations Law; or
(j) any event referred to in section 459C(2) of the Corporations Law occurring in respect of the shipper;
"ISO" means an International Standards Organisation standard;
"law" means a statute, ordinance, code, regulation, by-law, local law, official directive, order, instrument, undertaking, obligation or applicable judicial, administrative or regulatory decree, judgement or order and includes the terms and conditions of any licence, permit, consent, certificate, authority or approval issued thereunder or any assurance or bond or similar requirements including all applicable standards and obligations under the common law;
"load characteristics" means the relationships between gas flow and
time;
"maintain" includes, where necessary, renew or replace;
"metering equipment" means all equipment used to measure the physical quantity and quality of gas entering the gas transmission system at an inlet point or exiting the gas transmission system at an outlet point, and all ancillary equipment required to compute derived variables and to produce printed reports at the inlet or outlet station and to test and maintain the reliability and calibration accuracy of that equipment (including any metering facilities or equipment that are or could be used for proving, testing and calibration of the equipment);
"MSC" means metric standard conditions, being a pressure of 101.325 kPa and a temperature of 15°C;
"notice" includes invoice, statement, demand, consent, request, application, notification and any other written communication;
"operationally feasible" means technically feasible consistent with the safe and reliable operation of the gas transmission system, in the view of a reasonable and prudent person;
"outlet point" means the flange or joint or other point specified in the transmission contract as the point at which the corporation delivers gas to the shipper under a transmission contract, and if a shipper receives such gas at more than one outlet point, means each of them separately;
"outlet station" means the metering equipment site upstream of the outlet point and includes all facilities installed at the site to perform overpressure protection, reverse flow protection, excessive flow protection, gas metering and measurement, and telemetry, and all standby, emergency and safety facilities, and all ancillary equipment and services;
"part-haul capacity" means capacity at an outlet point located upstream from CS9, and downstream from the inlet point or points at which a shipper's delivery of gas gives rise to an entitlement to gas at the outlet point; "party" means the corporation or the shipper as a party to a transmission contract;
"priority" means an application's ranking in the first come first served process under regulation 76;
"prospective shipper" means an applicant for a grant of capacity, or any person of whom the corporation is aware who is in good faith preparing or has foreshadowed an application for a grant of capacity;
"reasonable and prudent person" means a person acting in good faith with the intention of performing his or her contractual obligations and who in so doing and in the general conduct of his or her undertaking exercises that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be exercised by a skilled and experienced person complying with recognised standards and applicable laws engaged in the same type of undertaking under the same or similar circumstances and conditions;
"referee" means the person appointed under the Gas Referee Regulations to the office of referee;
"related body corporate" has the meaning given to that expression in the Corporations Law;
"season" means either summer or winter;
"SEC WA" means the State Energy Commission of Western Australia, a body corporate which was preserved and continued in existence under the State Energy Commission Act 1979 until the coming into effect of Part 2 of the Energy Corporations (Transitional and Consequential Provisions) Act 1994;
"shipper" means any person who has received a grant of capacity, and includes the corporation's other business and an initial shipper;
"shipper's daily nomination" means, in respect of an inlet point, the capacity for the quantity of gas allocated under Part 7 that the shipper is to deliver to the corporation at the inlet point on a gas day, and in respect of a tranche at an outlet point, the capacity for the quantity of gas allocated under Part 7 that the shipper is to receive from the corporation in a tranche at the outlet point on a gas day, and in each case includes the capacity for a revised quantity of gas allocated under Division 7.3;
"shipr's Ti capacity" means a shipper's contracted capacity in
ganche 1;
"shiper's T2 capacity" means a shipper's contracted capacity in
iranche 2;
"shipper's T3 capacity" means a shipper's contracted capacity in Tranche 3;
"SI" means the International System of Units set out in Australian Standard 1000-1979;
"spare capacity" means, subject to regulation 259, in respect of any tranche in any period, that portion of the tranche which is not committed to any shipper in respect of the period;
"summer" means the period from 08:00 hours on 1 October to 08:00
hours on 1 April;
"tranche" means any one or more of Tranche 1, Tranche 2 or
Tranche 3;
"Tranche 1" means that portion of gas transmission capacity prescribed from time to time under regulation 39 as Tranche 1;
"Tranche 2" means that portion of gas transmission capacity prescribed from time to time under regulation 39 as Tranche 2;
"Tranche 3" means that portion of gas transmission capacity which is not Tranche 1 or Tranche 2;
"Tranche 3 charge" means the charge for capacity in Tranche 3 determined in accordance with regulation 150;
"transmission contract" means a contract or deemed contract between a shipper and the corporation arising from the grant of capacity in one or more tranches;"winter" means the period from 08:00 hours on 1 April to 08:00 hours
on 1 October;
"WLPG Agreement" means the agreement entitled "Gas Supply Contract relating to the LPG Extraction Facility in Western Australia" between SEC WA, Wesfarmers LPG Pty Ltd and Wesfarmers Limited dated 30 January 1987, and including any amendment to that agreement;
"WLPG plant" means the LPG extraction plant located adjacent to Kwinana Junction and operated by Wesfarmers LPG Pty Ltd under the WLPG Agreement;"working day" means any Monday, Tuesday, Wednesday, Thursday or Friday which is not gazetted as a public holiday in the Perth metropolitan area.
24 hour clock
4. In any transmission contract, all time is to be expressed in a 24-hour format, with each day commencing at 00:00 hours and ending at 24:00 hours.
Application of Interpretation Act 1984 preserved 5. The Interpretation Act 1984 applies to the interpretation of any of these regulations which are incorporated as terms of a transmission contract.
SI units
6. Unless otherwise indicated, all units in these regulations and a transmission contract are SI units.
Extended term of transmission contract
7. Where the term of a transmission contract has been extended by the exercise of an option in accordance with regulation 134, a reference in these regulations or the transmission contract to the transmission contract or the term thereof, includes a reference to the contract as extended and the extended term, respectively.
Capacity to be in terajoules per day
8. Unless the contrary intention appears -
(a)
wherever these regulations or a transmission contract require capacity to be quantified, it is to be expressed in terajoules per day; and
(b)
a reference in these regulations or a transmission contract to capacity is to capacity averaged across a day.
PART 2— ACCOUNTABILITY
Division 2.1 - Reporting Definitions
9. In this Division "individualised report" means the report and forecast of capacity in Tranche 1, Tranche 2, or Tranche 3 and spare capacity, as applicable to a person's particular requirements, which the corporation is required by clause 3 (2) of Schedule 5 to the Act to prepare, in accordance with regulation 11.
Reports and forecasts
10. (1) The corporation must ensure that the annual reports and forecasts, which the corporation is required by clause 3 (1) of Schedule 5 to the Act to prepare and provide, collectively contain sufficient detail and cover a sufficient period to assist any person to assess whether or not gas
the short, medium and long terms. transmission capacity is likely to be available, and if so in what quantities, in (2) The corporation is to prepare the forecasts required by clause 3 (1) of Schedule 5 to the Act using a number of growth or other scenarios, and must provide in the forecasts a summary of the major assumptions underlying each growth or other scenario.
Individualised report
11. (1) A person may at any time request the corporation to prepare an
individualised report for and at the expense of that person by notice in
writing containing at least the following information -
(a) the name and address of the person making the request;
(b)
the requested start date and the requested end date for the report to address;
(c)
the source (namely the producer, field and well) of the gas which the person making the request contemplates delivering to the corporation;
(d)
the expected gas quality, temperature and pressure at the inlet point or points;
(e) the proposed inlet point or points and outlet point or points;
(i)
the proposed capacity at each inlet point and in each tranche at each outlet point; and
(ii)
the expected load characteristics, including the expected load factor, peak factor, maximum daily quantity and peak hourly flow, for each season.
The corporation must as soon as practicable confirm receipt of the request, and notify the person making the request whether the request appears to be in acceptable form and contains sufficient information to enable the corporation to prepare the individualised report, and if so the anticipated cost of preparing the report, and if not what is required to remedy the request.
(2)
The corporation must, as soon as practicable but in any event within 8 weeks of receipt of a request (or, if the person making the request was notified under subregulation (2) that the request was inadequate, within 8 weeks of receipt of sufficient supplementary information) prepare -
(3)
(a) a report indicating current levels; and (b)
a forecast indicating expected levels throughout the requested period,
of capacity and spare capacity at each specified inlet point and in each
trancbe at each specified outlet point.
(4) The corporation may, notwithstanding any notification under
subregulation (2), at any time prior to providing the individualised report,require the person making the request to provide such further information as is reasonably necessary to enable the corporation to prepare the individualised report. (5) The corporation must use reasonable endeavours to complete the individualised report in the shortest practicable time.
Protection of confidential information 12. (1) The corporation must, except to the extent that the disclosure of any confidential information is necessary for making a full report or forecast, exclude from any report or forecast required by clause 3 (1) of Schedule 5 to the Act, or any individualised report, any confidential information.
(2) No action for damages lies against the corporation in respect of any disclosure of confidential information under this Division, except -
(a)
in the case of a wilful or deliberate disclosure of confidential information in circumstances where such disclosure is not necessary for making a full report or forecast; or
(b)
where the corporation has breached any undertakings as to confidentiality given under regulations 72 (1) or 158 (1).
Description of the gas transmission system
13. (1) The corporation must, as soon as practicable after 1 January 1995, and thereafter as soon as practicable after any material change in the gas transmission system, prepare a detailed description of the gas transmission system, indicating all inlet points and outlet points and all ownership boundaries, and indicating those parts which for the purposes only of the definition of "investment in the gas transmission system" in regulation 135 are to be excluded from the gas transmission system.
(2) The corporation must make available to anyperson upon request a copy of the description prepared under subregulation (1).
Maintenance schedules
14. The corporation must make available to all shippers from time to time reasonable details, for the week, month and year following the provision of details, of any scheduled maintenance, any major works under regulation 53, and the estimated availability of capacity in Tranche 1, Tranche 2 and Tranche 3.
Division 2.2 - Prevention of communication of inside information Definitions 15. In this Division -
"corporation's other staff" means any servant, consultant, independent contractor or agent of the corporation who is engaged wholly or partly in the corporation's other business, but does not include the board or any senior officer;
"gas trader" means any person other than the corporation who is, and to the extent that the person is, engaged in business and operations involved in trading in, distributing or supplying gas, and is thereby in or potentially in competition with the corporation in the conduct of the corporation's other business;
"generally available" means, in relation to information, that -
(a) it consists of a readily observable matter; (b) without limiting the generality of paragraph (a) of this
definition -
(i) it has been made known in a manner that would, or would be likely to, bring it to the attention of gas traders; and
(ii) since it was so made known, a reasonable time for it to be disseminated to gas traders has elapsed; or
(c) it consists of deductions, conclusions or inferences made or drawn from either or both of readily observable matter and information that has been made known in a manner that would, or would be likely to, bring it to the attention of gas traders; "inside information" means information obtained by the corporation or by its servants, consultants, independent contractors or agents in the course of conducting the gas transmission business which is not generally available and which might reasonably be expected to materially affect the commercial decisions of a gas trader;
"senior officer" means any director, the chief executive officer, and any other servant or agent of the corporation who by virtue of his or her senior position in the management of the corporation cannot properly discharge his or her duties without -
(a) being partly engaged in both the gas transmission business and the corporation's other business; and (b) receiving inside information; "transmission staff" means any servant, consultant, independent contractor or agent of the corporation who is engaged wholly or partly in the gas transmission business, but does not include the board or any senior officer.
Procedures to prevent communication of inside information 16. (1) The corporation must implement, and may substitute or amend, procedures that could reasonably be expected to ensure that no inside information is directly or indirectly communicated to the corporation's other staff by transmission staff.
Without limiting the generality of subregulation (1), the corporation
must to the maximum extent practicable implement, and may substitute or
amend, procedures which could reasonably be expected to -
(2)
(a) ensure that the corporation's other staff and transmission staff
function independently of each other;(b)
prevent any person from being a member of both the corporation's other staff and transmission staff;
(c)
to the extent that a person is a member of both the corporation's other staff and transmission staff, prevent that person from communicating or utilising any inside information in the course of his or her duties as a member of the corporation's other staff;
(d)
prevent the dissemination of inside information from the board or any senior officer to the corporation's other staff; and
(e)
ensure that decisions in the gas transmission business are taken with no special regard for the interests of the corporation's other business, and decisions in the corporation's other business are taken with no special regard for the interests of the gas transmission business.
Monitoring of compliance
17. The corporation must monitor compliance with procedures implemented, substituted or amended under regulation 16, and must implement, and may substitute or amend, procedures which might reasonably be expected to detect the direct or indirect communication of inside information to the corporation's other staff by transmission staff.
Reportin of procedures to prevent communication of inside information
18. The corporation must prepare, and must make available to any person on request, a detailed description of—
(a)
the procedures it has implemented, substituted or amended in accordance with regulation 16; and
(b)
how it has monitored compliance, and the procedures it has implemented, substituted or amended in accordance with regulation 17.
Minister to be notified if inside information communicated
19. (1) The corporation must, if it becomes aware of any direct or indirect communication of inside information to the corporation's other staff, as soon as practicable notify the Minister and any person who was, or might reasonably be expected to have been, affected by the communication, of the communication and of all the surrounding circumstances.
(2) If, in any proceedings, a referee, court, arbitrator or other tribunal finds that any inside information has been directly or indirectly communicated to the corporation's other staff, the referee, court, arbitrator or tribunal is as soon as practicable to notify the Minister and the corporation of the communication.
Codes of conduct
20. The board in preparing and issuing any code of conduct under
section 24 of the Act is to give consideration to the requirements of this
Division.
Division 2.3 - Non-discrimination Gas transmission business must not discriminate
21. (1) Subject to regulations 22 and 23, the corporation must not
discriminate in performing its functions under Schedule 5 to the Act or these
regulations.
(2) Without limiting the generality of subregulation (1), and subject to regulations 22 and 23, the corporation must not discriminate in respect of -
(a)
the manner, content and timing of any provision of any information connected with, arising out of or related to Schedule 5 to the Act or these regulations to shippers or prospective shippers;
(b)
the manner and timing of processing of applications and granting of capacity;
(c)
the terms and conditions of any grant of capacity and any other service to be provided to any shipper or prospective shipper;
(d)
pricing methods and prices, including without limitation the offering and granting of any discount and the imposing of any surcharge;
(e) nominations and balancing; (f) scheduling of maintenance activities; and (g) capacity trading. Exemptions from requirement of non-discrimination 22. Regulation 21 does not apply to discrimination in respect of the
following matters -
(a) curtailment under regulation 49 in accordance with the curtailment plan; (b) interruption under regulation 51 in accordance with the terms of any transmission contract; (c) negotiation of the terms and conditions of interruption of shippers' T3 capacities;
(d)
the exceptions specifically provided for in these regulations to the first come first served principle for applications set out in regulation 76;
(e) the discount in prices allowed under regulation 146; (0 the corporation's actions in dealing with an emergency; (g)
differences contemplated by Part 6 between the pricing methods or prices for one capacity or tranche and the pricing methods or prices for another capacity or tranche; and
(h)
differences in peaking limits agreed in accordance with regulation 190 between the corporation and respective shippers.
Valid grounds for differential conduct
23. Differential conduct towards 2 or more shippers or prospective shippers does not constitute discrimination if the material differences in conduct towards, or in terms, conditions and prices offered or granted to or negotiated by, the shippers or prospective shippers are attributable to one or more of -
(a)
material differences in the nature of the shippers or prospective shippers, or of the shippers' or prospective shippers' respective requirements, services, physical conditions, geographical locations or conduct;
(b)
the operation on the corporation or a shipper of force majeure (but not the negotiation under regulation 91 of any term relating to force majeure);
(c)
changes of general application made from time to time in accordance with these re0ations in the terms, conditions and prices for a grant of capacity or any other service;
(d)
to the extent that a person under an exempted contract is materially advantaged, differences between the terms of these regulations or a transmission contract, and the exempted contract; and
(e) the operation of Part 11.
Non-discrimination to continue into contract 24. The corporation must (subject to regulations 22 and 23) continue not to
discriminate in respect of a shipper in accordance with the terms and
conditions of a transmission contract for the term of that contract.
Minister to be notified of any finding of discrimination
25. If.,in any proceedings, the corporation is found to have discriminated in breach of regulation 21 then, without affecting any other remedies -
(a) the referee, court, arbitrator or other tribunal making that finding is as soon as practicable to notify the Minister and the corporation of the discrimination;
(b)
the corporation must in its next annual report give a summary of the notification; and
(c)
the corporation must in its next (and, if necessary, any subsequent) annual report give a summary of any action taken by the corporation and the Minister in response to the notification.
Division 2.4 - Consultation and review
Definitions
26. In this Division -
"expert" means a person appointed by the corporation under regulation 33 to conduct an expert review;
"appointed person" means a person appointed for representation on the committee under regulation 28;
"committee" means the Gas Transmission Consultation Committee constituted under regulation 27;
"exempted contractor" means a person for whom gas transmission capacity is reserved, to whom gas transmission capacity is available, or who is utilising gas transmission capacity, under an exempted contract;"expert review" means a review and assessment of the matters specified in a notice of appointment under regulation 33 conducted by the expert in accordance with this Division.
Gas Transmission Consultation Committee
(1) There is to be a committee, to be known as the Gas Transmission
27.
Consultation Committee consisting of 7 members, being -
(a)
a member nominated by the corporation to represent the gas transmission business;
(b)
a member nominated by the corporation to represent the corporation's other business;
(c) a member nominated by the Coordinator; and (d) The Minister is from time to time to appoint, and may from time to
4 members, one nominated by each appointed person.
(2)
time remove and replace, one member of the committee as Chairperson of the
committee.Minister to appoint persons
28. (1) The Minister is to appoint 4 persons for a term of 3 years who are
each to nominate a member of the committee under regulation 27 (1) (d),
which persons must be either shippers or exempted contractors.
The Minister, in exercising his or her power of appointment under this regulation, is to endeavour to appoint 4 persons who collectively are reasonably representative of all shippers (other than the corporation's other business) and all exempted contractors.
(2)
A person appointed by the Minister under this regulation is to
remain an appointed person until the Minister makes a subsequent
appointment under subregulation (1), and is eligible for reappointment.
(3)
If an appointed person resigns or ceases to be a shipper or exempted contractor (as the case may be), and otherwise as necessary, the Minister is to appoint another person in accordance with this regulation, for an interim period ending at the time of the next appointments under subregulation (1).
(4)
(5) identity and address of each member of the committee. The corporation is to make available to any person upon request the Appointed persons to consult with other shippers, prospective shippers and exempted contractors
29. (1) Appointed persons must make reasonable endeavours to ensure that they are collectively informed of the views of all shippers, prospective shippers and exempted contractors, and are to consult either singly or collectively with other shippers, prospective shippers and exempted contractors.
(2)
basis they consider appropriate, the responsibility to consult under this
regulation.Appointed persons may divide or delegate among themselves, on any (3)
prospective shippers and may represent prospective shippers on the
committee.The Coordinator may inform himself or herself of the views of Committee to meet and discuss 30. (1) The committee is to meet whenever necessary to discuss in good
faith any report of, and any matter which will or might impact upon, the
costs of, or the reliability or magnitude of, Tranche 1 and Tranche 2.
(2) The committee is to determine its own procedures. (3) 5 members.
A quorum for any meeting of the committee is the presence of any
(4) Decisions of the committee are to be by a majority vote of members present.
(5) The Chairperson is to have a deliberative but not a casting vote. Powers of committee
The committee may -
31.
call for and consider submissions from any group or person or
(a)
from the public;
have regard to any matters raised in any reports published under
(b)
regulation 36;
have regard to any matters brought to its attention by a referee;
(c)
make reports and recommendations to the board;
(d)
require the corporation to commence a price redetermination
(e)
under regulation 151; and
=the corporation to appoint a person under regulation 33 to conduct a review of any report of, and any matter which will or mightimpact upon, the costs of or the reliability or magnitude of Tranche 1 and Tranche 2.
(0
Costs of committee
32. Each of the persons entitled to nominate a member of the committee is to meet its own and that member's costs of the committee.
Corporation to appoint expert
33. (1) The corporation must, when required by the committee under
regulation 31 U) to do so, appoint a person to conduct a review and
assessment of the matter or matters specified by the committee.
(2)
If, within 10 working days of the committee requiring the corporation to appoint an expert, the committee agrees on an expert to be appointed, the corporation is to appoint that person to be the expert, otherwise the corporation is to appoint a person to be the expert who is recommended by the National President of the Institution of Engineers, Australia (or, if that
person who, to the President's reasonable satisfaction is independent of the position is vacant or does not exist, by a person in a comparable position) as a corporation, the Government and all shippers, prospective shippers and exempted contractors, and has qualifications and experience suitable for conducting the review required by the committee. Powers of expert 34. The expert, for the purposes of conducting the expert review, must have due regard to any information provided to the expert by the corporation, and in particular to any relevant studies or reports prepared for the corporation by any other person, and may - (a) have access to the corporation's books, records, documents, computer equipment and software in relation to the gas transmission business;
(b)
call for and consider submissions from any group or person or from the public; and
(c)
consult with the Coordinator, the corporation and any of its servants, consultants, independent contractors or agents, any shipper, prospective shipper or exempted contractor and any other interested group or person.
Corporation must assist expert
35. The corporation must afford all reasonable assistance to the expert for the purposes of enabling him or her to conduct the expert review.
Expert's report
36. (1) The expert must report his or her findings to the corporation
within 3 months of appointment, or within such longer time as the committee
reasonably determines to be justified by exceptional circumstances.
The corporation must provide copies of the expert's report to the Minister, the Coordinator and each shipper, prospective shipper and exempted contractor, and must provide to any other person, at that person's request and expense, a copy of the expert's report.
(2)
(3) makes his or her report, summarise the expert's report.
The corporation must, in its next annual report after the expert
(4)
confidential information is necessary for making a full report, exclude from
any report under this regulation any confidential information.The expert must, except to the extent that the disclosure of any No action for damages lies against the expert in respect of any disclosure of confidential information in a report under this regulation, except in the case of a wilful or deliberate disclosure of confidential information in circumstances where such disclosure is not necessary for making a full report.
(5)
Costs of expert review 37. (1) The costs of the expert, the expert's report and the review process are to be met by the gas transmission business.
(2) The costs of experts, experts' reports and the review process generally are to be taken into account in the costs of maintaining and providing gas transmission capacity for the purposes of determinations and redeterxninations of the commodity charge in accordance with Part 6.
Corporation not fettered
38. The corporation must have regard to any opinion or recommendation of the committee or an expert but, subject to regulation 151 (4), nothing in this Part obliges the corporation to adopt, comply with or act upon any opinion or recommendation of the committee or an expert.
PART 3— CAPACITY TR.ANCHES AND GAS TRANSMISSION
SERVICES
Division 3.1 - Interpretation and general Identification and prescription of tranches
39. (1) Whenever there is a material change (other than a short term change) in the configuration of the gas transmission system which will or might affect the probability of supply at the Ti cutoff or the T2 cutoff for a season -
(a) the corporation may; or (b) if the corporation is requested by notice in writing signed by a majority of the Gas Transmission Consultation Committee the corporation must,
undertake a redetermination of the Ti cutoff and the T2 cutoff for each season, in which the corporation is to determine such new Ti cutoffs or T2 cutoffs (if any) calculated so that the probability of supply at the Ti cutoff for each season is as close as practicable to 98% and that the probability of supply at the T2 cutoff for each season is as close as practicable to 92%.
The corporation must, as soon as practicable after a redetermination under subregulation (i), prescribe with the Minister's approval new capacities for each tranche for each season, so that Tranche 1 comprises the portion of gas transmission capacity which lies between zero and the Ti cutoff, and Tranche 2 comprisesthe portion of gas transmission capacity which lies between the Ti cutoff and the T2 cutoff.
(2)
The corporation must prepare annually its best forecasts, in respect of each season in the next 5 years, of the Ti cutoff, the T2 cutoff, Tranche 1, Tranche 2 and Tranche 3, and must make copies of those forecasts available to any person on request.
(3)
(4)
(2), the tranches and cutoffs are to be those prescribed in Schedule 1 to these
regulations.Until the corporation prescribes new capacities under subregulation (5) In this regulation -
"probability of supply" means the probability that gas transmission
capacity will not, for any reason other than major works under
regulation 53, fall below a particular cutoff level;"Ti cutoff" means in respect of each season the level of gas transmission capacity determined under subregu.lation (1) as the level at which the probability of supply is or is approximately 98%, and pending a redetermination under subregulation (1) means the Ti cutoff specified in Schedule 1;
"T2 cutoff" means in respect of each season the level of gas transmission capacity determined under subregulation (1) as the level at which the probability of supply is or is approximately 92%, andpending a redetermination under subregulation (1) means the T2 cutoff specified in Schedule 1.
Reporting of curtailments and interruptions
40. The corporation must, within a reasonable time after the end of a year,
make available to any person on request reasonable details of all curtailments
and interruptions of gas transmission capacity during that year.
Seasonal capacities
41. The magnitude of each tranche may be different in summer and winter,
and any reference in these regulations or a transmission contract to a tranche
is to be read as a reference to the tranche for the appropriate season.
Saving of remedies and saving of power to curtail
42. Nothing in this Part limits the corporation's powers under the Act,
these regulations, any other written law or a transmission contract to wholly
or partially curtail or interrupt any shipper's capacity.
Each tranche to be treated separately
43. If a shipper has been granted capacity in more than one of Tranche 1, Tranche 2 or Tranche 3, then for the purposes of this Part that shipper is to be treated, in respect of each tranche, as though the shipper has only been granted capacity in that tranche.
Firm and non-firm capacities
44. For the purposes of the Act, Tranche 1 is firm capacity and Tranche 2 and Tranche 3 are each non-firm capacity.
Tranches are full-haul capacity only
45. Subject to any agreement between the corporation and a shipper under regulation 62 and to any prescriptions under regulation 63, a reference in these regulations to capacity in Tranche 1, Tranche 2 or Tranche 3 is a
reference to full-haul capacity. Division 3.2 - Capacity tranches Minimum duration for grant of capacity
46. The minimum duration for a grant of capacity in Tranche I or Tranche 2 is 3 months and for a grant of capacity in Tranche 3 is one day but nothing in this regulation prevents a shipper from nominating for and being allocated capacity under Divisions 7.2 or 7.3, or contracting for and being assigned capacity under Part 9, or both, for a shorter period than that prescribed in this regulation.
Curtailment and interruption between tranches
47. (1) The corporation must use its best endeavours to minimise any curtailment of capacity in Tranche 1.
(2) Subject to regulations 42 and 55, the corporation may not, in response to a reduction in gas transmission capacity -
(a)
wholly or partially curtail a shipper's Ti cpacity until the corporation has reduced to zero all shippers' T2 capacities and shippers' T3 capacities; or
(b)
wholly or partially interrupt a shipper's T2 capacity until the corporation has reduced to zero all shippers' T3 capacities.
Capacity in Tranches 1 and 2 is take-or-pay
48. A shipper's obligation to pay the capacity reservation charge under a
grant of capacity in Tranche 1 or Tranche 2 arises whether or not the shipper
makes use of any capacity under the grant.
Tranche 1
49. (1) If, at any time and for any reason, gas transmission capacity is less than the sum of all shippers' daily nominations for Tranche 1, the corporation may wholly or partially curtail shippers' Ti capacities in accordance with subregu..ations (3), (4) and (5).
To the extent that a shipper's Ti capacity is curtailed under
subreulation (1), the shipper is entitled to a proportionate refund of the
capacity reservation charge in respect of that capacity.
(2)
Subject to regulation 55, each shipper's Ti capacity is to be reduced for the duration of a curtailment under subregulation (i) by reference to the curtailment plan prescribed in Schedule 2 (as amended in accordance with subregulation (5)).
(3)
To the extent that the corporation revokes and does not substitute a on a pro-rata basis so that each reduced shipper's Ti capacity bears the same curtailment plan under subregulation (5) or for any other reason the curtailment plan does not apply, each shipper's Ti capacity is to be curtailed ratio to the shipper's Ti capacity in the absence of any reduction, as the magnitude of Tranche i during the curtailment bears to the magnitude of Tranche 1 in the absence of any reduction.
(5)
make prescriptions which revoke, substitute or amend the curtailment plan
prescribed by Schedule 2.The corporation may from time to time with the Minister's approval (4)
A curtailment plan amended or substituted under subregulation (5) may identify individual shippers or classes of shippers, and may prescribe the order in which part or all of those shippers' or classes of shippers' capacities are to be curtailed, and may treat different parts of the shippers' or classes of shippers' capacities differently.
(6)
Tranche 2
50. (1) If, at any time and for any reason, gas transmission capacity is less than the combined sum of shippers' daily nominations for Tranche 1 and Tranche 2, the corporation may wholly or partially interrupt a shipper's T2 capacity in accordance with subregulation (3).
(2)
To the extent that a shipper's T2 capacity is interrupted under
subreu1ation (1), the shipper is entitled to a proportionate refund of the
capacity reservation charge in respect of that capacity.
(3)
Subject to regulation 55, each shipper's T2 capacity is to be reduced to the extent and for the duration of an interruption under subregulation (1) on a pro-rata basis so that each reduced shippers T2 capacity bears the same ratio to the shipper's T2 capacity in the absence of any reduction, as the magnitude of Tranche 2 during the interruption bears to the magnitude of Tranche 2 in the absence of any reduction.
Tranche 3
51. (1) The corporation may, in its sole discretion as a reasonable and
prudent person, interrupt, for any duration and to any extent, a shipper's T3
capacity, and it may do so -
(a) (subject to any agreement between the corporation and the shipper to the contrary) in priority to interrupting any other shipper's T3 capacity; and (b) (despite any agreement between the corporation and a shipper) whenever the corporation as a reasonable and prudent person believes that a failure to interrupt Tranche 3 would or might reasonably be expected to result in a curtailment of Tranche I or an interruption of Tranche 2. (2) To the extent that a shipper's T3 capacity is interrupted under subregulation (1), the shipper is excused from paying the Tranche 3 charge in respect of that capacity.
Terms and conditions of Tranche 3 subject to contract
52. Subject to these regulations, the terms and conditions upon which a
grant of capacity in Tranche 3 is made are to be agreed between the
corporation and the shipper.
Major works
53. The corporation may wholly or partially curtail or interrupt a shipper's capacity whenever it needs to undertake any enhancement, expansion, connection, pigging or other work on the gas transmission system which cannot reasonably be scheduled at a time when it will not affect gas transmission capacity, and which by its nature or magnitude requires the corporation as a reasonable and prudent person to wholly or partially reduce gas transmission capacity, and the corporation is not to be liable for any damage suffered by a shipper arising out of any such curtailment or interruption.
Maintenance
54. The corporation must use endeavours which are reasonable in the circumstances to consult with all affected shippers concerning the scheduling and duration of, to accommodate the needs of those shippers in scheduling, and to minimise the duration and impact of, any planned curtailment or interruption arising out of any maintenance activity, or any major works under regulation 53.
Curtailment or interruption for shipper's default
55. If and to the extent that -
(a) a reduction in gas transmission capacity which makes necessary any curtailment or interruption of any shipper's capacity is caused by the default, negligence, breach of contractual term, or other misconduct of a shipper; or (b) the corporation is entitled under these regulations or a transmission contract to curtail or interrupt a shipper's capacity by reason of the default, negligence, breach of contractual term, or other misconduct of a shipper, the corporation must reduce to zero all the defaulting shipper's capacities in all tranches before it may reduce any other shipper's capacity in any tranche, and the corporation is not liable to the shipper for any damage arising from that curtailment or interruption.
Advance notice of curtailment or interruption
56. (1) The corporation must use reasonable endeavours to provide a shipper with reasonable advance notice, and in any event (other than when due to force majeure or by reason of an emergency it is unable to do so) must give one hour's advance notice, of the magnitude, starting time and the expected duration of an impending curtailment or interruption.
For the purposes of subregulation (1), in the case of major works under regulation 53 reasonable notice is 90 days' notice.
(2)
Any notice under subregulation (1) must give the reasons for the curtailment or interruption.
(3)
Mechanism for curtailment or interruption
57. (1) The corporation may, whenever it is empowered under the Act, these regulations or a transmission contract to curtail or interrupt a shipper's capacity, give notice to the shipper (in accordance with regulation 250) specifying when the curtailment or interruption is to commence, and the amount of capacity that is to be curtailed or interrupted.
(2) A notice under subregulation (1) may be expressed to continue indefinitely or for a specified time, and may revoke, substitute or amend a previous notice.
(3) The corporation may at any time, whether or not it has specified an end time for a curtailment or interruption, give notice to a shipper (in accordance with regulation 250) terminating a curtailment or interruption either immediately or from any time in the future.
(4) A notice under subregulation (1) takes effect from the time specified in the notice, and by force of this regulation -
(a)
constitutes a variation of the transmission contract reducing the shipper's contracted capacity for the relevant tranche; and
(b)
to the extent that the notice takes effect before the shipper's next nomination under Division 7.2, constitutes a reduction of the shipper's daily nomination for the relevant tranche,
for the duration of that curtailment or interruption.
A shipper may not nominate under Division 7.2 or renominate under Division 7.3 for capacity in excess of its reduced shipper's contracted capacity under subregulation (4) (a), and may not deliver or receive gas in excess of its reduced nomination under subregulation (4) N.
(5)
(6) If a shipper fails to comply with subregulation (5), the corporation may in future refuse to allocate to that shipper under Part 7 any capacity in excess of the shipper's contracted capacity.
Expansion of the gas transmission system is subject to preservation of shippers in Tranche 2
58. (1) If a redetermination under regulation 39 causes a reduction in the magnitude of Tranche 2, then each shipper's 72 capacity is to be reduced from the time of the redetermination on a pro-rata basis so that each reduced shipper's T2 capacity bears the same ratio to the shipper's T2 capacity in the absence of any reduction, as the magnitude of Tranche 2 after the redetermination bears to the portion of Tranche 2 before the redetermination which was committed to shippers.
A reduction in a shipper's T2 capacity under subregulation (1) is to
be given effect by a variation or deemed variation to a shipper's transmission
contract.(2)
The corporation may not undertake any enhancement to or expansion of the gas transmission system which will cause a reduction in a shipper's T2 capacity under subregulation (1), without first offering to grant and (unless the shipper declines the offer) granting to the shipper capacity in Tranche 1 or Tranche 3 in accordance with subregulation (5).
(3)
Unless all shippers with capacity in Tranche 2 agree in writing, the corporation may not undertake an enhancement to or expansion of the gas transmission system of the type contemplated by subregulation (3), if it would result in there being insufficient spare capacity in Tranche 1 or Tranche 3 for the corporation to make an offer under subregulation (5).
(4)
The corporation must, a reasonable time before any relevant enhancement to or expansion of the gas transmission system, give notice to the shipper offering to grant to the shipper, at the same time as any reduction of the shipper's T2 capacity under subregulation (1), capacity in (at the shipper's election) either Tranche 1 or Tranche 3 or a combination of both for an amount of capacity equal in aggregate to the amount by which the shipper's P2 capacity is to be reduced under subregulation (1), in which case the shipper may by notice in writing accept a grant of capacity in either tranche or in a combination of both (in all cases so that the aggregate capacity is equal to or less than the amount by which the shipper's P2 capacity is to be reduced), and if the shipper does not give notice accepting the offer within 30 days of the offer it is by force of this subregulation to be taken to have rejected the offer and the enhancement or expansion may proceed and the shipper's T2 capacity may be reduced under subregulation (1).
(5)
To the extent that the shipper applies for any capacity in excess of the amount of capacity by which the shipper's P2 capacity was reduced under subregulation (1), the shipper's application is to be treated as a separate application, and is to have priority determined in the normal manner in accordance with Part 4.
(6)
Division 3.3 - Transmission and miscellaneous services
The corporation must accept gas up to a shipper's daily nomination
59. Subject to regulation 60, the corporation must, if a shipper offers gas for delivery to the corporation at an inlet point, accept the gas from the shipper, on the terms set out in the transmission contract, in quantities up to the shipper's daily nomination at the inlet point.
Corporation may refuse to accept gas
60. In addition to any other remedies that may be available to it under these regulations, any other written law or a transmission contract or otherwise, the corporation may refuse to accept gas from a shipper at an inlet point if -
(a) the corporation is entitled under Division 8.2 or regulation 229 (2)
to refuse to accept the gas; (b) the shipper is in breach of any requirement of Division 8.3; (c) the shipper is in default under regulation 108; (d) the corporation is relieved from so doing by force majeure or under regulation 53; (e) the corporation considers as a reasonable and prudent person that it would be unsafe to do so; or (1) the acceptance by the corporation of that gas would cause the gas transmission system to exceed its maximum allowable operating pressure.
Miscellaneous goods and services
61. Subject to these regulations, the corporation may, on whatever terms
and conditions (including, subject to regulation 155, as to price) it thinks fit, contract with any person or persons to provide any goods or services connected with or related to the gas transmission system, including without limitation pressure regulation, odorisation, temperature regulation, gas balancing and gas balance regulation, capacity broking, peaking, information exchange, maintenance, gas storage, and consulting, forecasting and advisory services, and the provision, maintenance and operation of pipelines and other facilities.
Division 3.4 - Part-haul and back-haul capacities
Terms and conditions for part-haul and back-haul negotiable
62. (1) Subject to any prescriptions under regulation 63, the terms and
conditions (other than prices) for a grant of part-haul capacity or back-haul
capacity are to be agreed between the corporation and each shipper.
Terms and conditions agreed under this regulation are, to the extent
operationally feasible, to follow the terms and conditions under this Part for
full-haul capacity.
(2)
Corporation may prescribe terms and conditions for part-haul and back-haul
63. (1) The corporation may from time to time prescribe with the Minister's approval the terms and conditions for a grant of part-haul capacity or back-haul capacity, including without limitation the extent to which these regulations are to apply (with or without any modifications).
(2) Terms and conditions prescribed under this regulation are, to the
extent operationally feasible, to follow the terms and conditions under this
Part for full-haul capacity.References to capacity exclude part-haul and back-haul capacities
64. Subject to any agreement between the corporation and a shipper under regulation 62 and to any prescriptions under regulation 63, reference in these regulations to capacity, including without limitation in relation to any tranche, is a reference to full-haul capacity only.
PART 4— APPLICATION FOR A GRANT OF CAPACITY
Division 4.1 - Interpretation and general Definitions
65. In this Part -
"applicant" means an applicant for a grant of capacity, or any person of whom the corporation is aware who is in good faith preparing or has foreshadowed an application for a grant of capacity;
"application" means an application under this Part for a grant of capacity, and does not include a nomination for capacity under Part 7 or a request for approval of a transfer under Part 9;
"notice of non-compliance" means a notice under regulation 80 (1) from the corporation to an applicant that an application fails to comply with one or more of the conditions precedent for a grant of capacity under regulation 77;
"requested capacity" means for each season in the requested period the capacity requested in the application at each inlet point and in each tranche at each outlet point;"requested period" means the period between and including the requested start date and the requested end date;
"requested start date" means the date specified in the application as the date on which the applicant requires the grant of capacity to commence;"requested end date" means the date specified in the application as the date on which the applicant requires the grant of capacity to end.
Access to gas transmission capacity must be under these regulations
66. (1) Subject to clause 6 of Schedule 5 to the Act, a person may only
have access to gas transmission capacity under a grant of capacity in
accordance with these regulations.
(2) Subject to clause 6 of Schedule 5 to the Act and to regulation 89, a person may only use gas transmission capacity in accordance with these regulations.
(2)
From time to time, for the purposes of this regulation, a shipper must advise the corporation in writing of an address located within the State and a facsimile number, and the corporation must advise the shipper in writing of the address and facsimile number of the Gas Control Centre.
(3)
Receipt of notices 253. (1) A reference in these regulations or a transmission contract to
notice before a certain time means that the notice must be received at the
intended address or facsimile machine by no later than that time.
For the purposes of these regulations or a transmission contract, any notice sent by facsimile machine is by force of this regulation to be taken to have been sent and received on the date and at the time printed on a transmission report produced by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the appropriate facsimile number, unless the recipient notifies the sender within one hour (in the case of a notice to which regulation 250 applies) or 12 hours (in any other case) of the facsimile being sent that the facsimile was not received in its entirety in legible form.
(2)
(3) For the purposes of these regulations or a transmission contract, a notice sent by certified mail is by force of this regulation to be taken to be received on the earlier of the date of receipt or on the second working day after the notice was committed to post.
Division 10.3 - Other miscellaneous provisions
These regulations prevail over Goldfields Gas Pipeline by-laws
254. These regulations are to prevail over any by-laws made under clause 21 (1) of the Goldfields Gas Pipeline Agreement (being the agreement set out in the schedule to the Goldfields Gas Pipeline Agreement Act 1994) which purport to govern the transportation of gas through the gas transmission system.
Access and inspection
255. (1) Each party must grant to, or use its reasonable endeavours to procure for, a guest party all reasonable rights of access -
(a) for the purposes of constructing, installing, operating, maintaining and verifying the accuracy of any metering equipment, other equipment or thing (and if the guest party is the corporation, the gas transmission system); (b) to inspect for safety or other reasons the construction, installation, operation, maintenance and repair of any metering equipment, other equipment or thing (and if the guest party is the corporation, the gas transmission system); and (c) for any other purpose connected with or arising out of the transmission contract.
(2) Any access under subregulation (1) is made in all respects at the expense and risk of the guestparty, who must, subject to the provisions of Division 5.5, make good any damage occasioned by or resulting from the access.
(3) A guest party must -
(a) when it seeks to exercise a right of access under this regulation give reasonable notice to the host party specifying the proposel time and duration of access; and (b) take all reasonable steps to ensure that during the access its servants, consultants, independent contractors and agents cause as little inconvenience to the host party as possible and at all times comply with all reasonable safety standards and other requirements of the host party.
To the extent that any equipment or thing is located on the premises of a third person, the parties must use their reasonable endeavours to secure for either or both of the parties a right of access to that third person's premises.
(4)
(5)
do not derogate from, the corporation's rights of access for emergency reasons
under regulation 232.The rights of access granted by this regulation are in addition to, and (6) In this regulation - "host party" means whichever of the corporation or the shipper is granting or procuring access;
"guest party" means whichever of the shipper or the corporation for whom access is granted or procured.
Ownership, control, maintenance and risk
256. (1) In the absence of any agreement between the parties to the contrary, the inlet point and outlet point mark the boundaries of ownership of allplant, equipment, pipelines and facilities, and, as between the parties and in the absence of evidence to the contrary, the shipper is to be presumed to own any relevant thing upstream of the inlet point and downstream of the outlet point, and the corporation is to be presumed to own any relevant thing between the inlet point and the outlet point.
In the absence of any agreement between the parties to the contrary, the responsibility to install, commission, operate and maintain, and the risk in relation to, all plant, equipment, pipelines and facilities follows ownership.
(2)
No common carriage
257. Neither the corporation nor any shipper is a common carrier of gas transported through the gas transmission system.
Corporation not a supplier of backup gas
258. Nothing in the Act, these regulations or a transmission contract requires the corporation to supply gas to a shipper.
PART 11— TRANSITIONAL
Exempted capacity and initial shippers' capacity not spare capacity 259. (1) For the purposes of the Act, these regulations and any transmission contract, any portion of gas transmission capacity which is -
(a)
reserved for, available to or being utilised by a person under an exempted contract; or
(b)
deemed by regulation 260 to have been granted to an initial shipper,
is not spare capacity.
(2) The capacity reserved for, available to or being utilised by persons under exempted contracts is set out in Schedule 5.
Initial shippers
260. (1) The initial shippers, and their contracted capacities, are set out
in Schedule 6.
(2) Each initial shipper is by force of this regulation to be taken to have made an application under Part 4 and to have received a grant of capacity under Division 4.5 for the capacities set out in Schedule 6, and each initial shipper's transmission contract in respect of that capacity is by force of this regulation to be taken to have arisen from that grant.
(3) To the extent that an initial shipper wishes to substitute or amend its transmission contract, it must do so as a shipper in accordance with these regulations.
(4) An initial shipper's transmission contract may contain gas quality specifications which differ from those prescribed under Division 8.2, in accordance with regulation 262.
The terms and conditions applying to the part-haul capacity the subject of a deemed grant of capacity under subregulation (2) to an initial shipper specified in Table B of Schedule 6 are to be agreed between the corporation and the initial shipper.
(5)
Pre-scheme metering equipment deemed to comply
261. Any metering equipment installed and commissioned with the approval of SECWA, and any metering arrangement entered into with SECWA, prior to 1 January 1995 is by force of this regulation to be taken to comply with the requirements of Part 8.
Pre-scheme gas specifications
262. (1) The provisions of Division 8.2 do not apply to or affect any component of a gas quality specification set out or incorporated in a pre- scheme contract (including any renegotiation or variation of a pre-.scheme contract which does not extend its term, increase the cuantity of gas to be transported or affect or vary any of its provisions regarding gas quality), for the duration of the pre-scheme contract and of any extension of the term or renewal of a pre-scheme contract made pursuant to a right existing prior to 1 January 1995.
If a component of a prescribed specification under Division 8.2 for a category of gas would, but for this regulation, prevent an initial shipper from complying with any obligation in a pre-scheme contract, the initial shipper is, to the extent necessary to allow the initial shipper to comply with that obligation, not required to comply with that component. (2)
(3) If any person who is a party to a pre-.scheme contract is an initial
shipper, that person may agree with the corporation to incorporate into the
initial shippers transmission contract any one or more components of the gasspecifications applying under the pre-scheme contract in substitution
E for the corresponding specification under Division 8.2. In this regulation, "pre-scheme contract" means a contract or other agreement entered into between a person and SECWA prior to 1 January 1995 for thetransportation of gas through the gas transmission system or for the supply, purchase or sale of gas.
(4)
SCHEDULE 1
[Regulation 391
TRANCJIES AND Ti AND T2 CUTOFFS
For the purposes of regulation 39 (4), the tranches and cutoffs are as follows -
Summer Winter
Tranche 1 393 TJ/d 406 TJ/d Ti cutoff 393 TJ/d 406 TJ/d Tranche 2 34 TJ/d 49 TJ/d T2 cutoff 427 TJ/d 455 TJ/d
SCHEDULE 2
[Regulation 491
CURTAILMENT PLAN
For the purposes of regulation 49, any curtailment of shippers' Ti capacities under regulation 49 (1) is to be conducted in accordance with the following curtailment plan.
Interpretation
1. (1) In this Schedule -
"Alcoa" means Alcoa of Australia Limited;
"shipper's total Ti capacity" means the sum (across all outlet points) of a shipper's Ti capacities for a gas day;
"shipper" includes a person under an exempted contract; "total exempted capacity" means the sum (across all outlet points) of capacity reserved for, available to or being utilised by a person under an exempted contract. (2) Nothing in this Schedule deems or implies a person under an exempted contract to be a shipper for the purposes of any provision of these regulations other than this Schedule.
Absolute priority for gas transmission business' requirements
2. Despite any provision of this curtailment plan or the regulations, the delivery of gas to any person is at all times subject to the corporation's absolute right to utilise part of the gas transmission system's capability to transport gas for the transportation of gas which is required by the gas transmission business for operational purposes.
Corporation's other business' priority capacity
3. The corporation's other business is, in respect of 40 TJ/d of its shipper's
total Ti capacity, not to be wholly or partially curtailed until all other
shippers' Ti capacities have been reduced to zero.
Alcoa's priority capacity
4. Alcoa is, in respect of 40 TJ/d per day of its total exempted capacity, not to be wholly or partially curtailed until -
(a)
the corporation's other business' shipper's total Ti capacity has been reduced to 40 TJ/d; and
(b) all other shippers' total Ti capacities have been reduced to zero. All other capacity pro-rated
5. Subject to clauses 3 and 4, each shipper's total Ti capacity, including -
(a)
thatpart (if any) of the corporation's other business' shipper's total Ti capacity which exceeds 40 TJ/d; and
(b)
that part (if any) of Alcoa's total exempted capacity which exceeds 40 TJ/d,
is to be reduced on a pro rata basis by reference to the following formula -
(S ic - PC) x (reduced T1 - 80) + PC = reduced S 1C
(sum of STr1Cs - 80) I where -
"STT1C" means the shipper's total Ti capacity;
"PC" means the shipper's priority capacity, which for each of the
corporation's other business and Alcoa equals 40 TJ/d and
for all other shippers equals zero;"sum of STT1Cs" means the sum (across all shippers) of shipper's total Ti capacities immediately prior to the curtailment plus the sum (across all persons) of total exempted capacities immediately prior to the curtailment;
"reduced T1" means the reduced capacity in Tranche 1 available during the curtailment;
"reduced STI'1C" means the reduced shipper's total Ti capacity for the duration of the curtailment.
SCHEDULE 3
[Regulation 87
GRANT OF CAPACITY (TILE TRANSMISSION CONTRACT)
This is a Grant of Capacity
by
The Gas Corporation
to
This grant is dated
Recitals
1. (1) The shipper has submitted an application under Part 4 for a grant
of capacity.
The corporation has accepted the shipper's application and by this
document makes a grant of capacity to the shipper in response to that
application.
(2)
Under subsection (2) of section 94 of the Act, this grant of capacity is or is deemed to be a contract between the corporation and the shipper.
(3)
Interpretation
2. (1) In this contract -
"Act" means the Gas Corporation Act 1994;
"corporation" means the Gas Corporation, a statutory corporation constituted by the Act;
"regulations" means the Gas Transmission Regulations 1994; "shipper" means
Any terms defined in the regulations (other than "shipper") have the same meaning when used in this contract.
(2)
The Interpretation Act 1984 applies to the interpretation of any regulation which forms part of this contract.
(3)
Any reference to a Division, Part or regulation is a reference to a Division, Part or regulation in the regulations.
(4)
contract means that the regulation or provision has effect as if set out in full (5) Any reference to a regulation or provision forming part of this in this contract.
The contract
3. The corporation and the shipper agree that -
(a)
the corporation will grant to the shipper the capacity set out in this contract on the terms and conditions set out in this contract; and
(b)
the shipper will have the option to extend this transmission contract for the term or terms (if any) set out in Appendix 4.
Duration of contract
4. This contract commences at 08:00 hours on and ends at 08:00 hours on Imported terms of this contract
5. (1) The corporation and the shipper agree that every provision of the regulations which is identified in regulation 90 as an essential term forms part of this contract, and that to the extent that any other purported term of this contract is inconsistent with any such essential term, the essential term prevails.
(2) The corporation and the shipper agree that the following provisions of the regulations also form part of this contract
Contracted capacities
6. The corporation agrees to make, and the shipper agrees to accept, a grant of capacity at the inlet point or points specified in Appendix 1, and in the tranches at the outlet point or points specified in Appendix 2, in the amounts for each season set out in those Appendices.
Prices
7. (1) The shipper agrees to pay the prices set out in Appendix 3.
For the purposes of determining the capacity reservation charge for any part-haul capacity or back-haul capacity, the shipper and the corporation
(2)
agree that for the purposes of paragraph (a) of the definition ofpipeline kilometres" in regulation 135, the relevant inlet point or points for each outlet point is to be the inlet point or points specified in Appendix 3 as the relevant inlet point or points for that outlet point. The shipper and the corporation agree that the prices set out in Appendix 3 may be varied from time to time in accordance with Part 6.
(3)
Other agreed terms of this contract
8, 9, 10, [etc.] [The shipper and the corporation will here set out any other terms of the contract. These may include provisions regarding default by the corporation, the definition and application of force majeure with respect to the shipper, the terms and conditions of shpper's T3 capacity and (other than price) of part-haul capacity and back-haul capacity, etc.]
Appendix 1 (to Schedule 3) - Details of inlet point capacity
Inlet point number
(Location
Contract year Season Capacity (TJ/d) Summer 1
Winter
Summer
a
Winter
(Repeat for each inlet point.]
Appendix 2 (to Schedule 3) - Details of outlet point capacity
Outlet pointnumber
(Location
Contract year Season Shipper's Ti Shipper's T2 Shipper's T3 capacity (TJ/d) capacity (TJ/d) capacity (TJ/d) Summer
i Winter Summer a Winter
Outlet point number
(Te'ation )
Contract year Season Peak day Peak hour Load factor Peak factor
(TJ/d) (TJ/d) (TJ/d) (TJ/d) Summer
1
Winter
-0
Summer
n
Winter
[Repeat for each outlet point.]
Appendix 3 (to Schedule 3) - Details of pricing
[This Appendix to set out each charge and price payable by the shipper, and
where relevant the pipeline kilometres to be used in determining each charge.]
Appendix 4 (to Schedule 3) - Options to extend contract
[This Appendix to set out the term or terms of any option.]
SCHEDULE 4
[Regulation 2001
GAS QUALITY SPECIFICATIONS
For the purposes of the definition of "prescribed specification" in regulation 200, the specifications are as follows -
Category A Category B Category C
Gas Gas Gas
Maximum carbon dioxide (mol %) 3.6 4 4 Maximum inert gases (mol %) 5 5•5 55 Minimum higher heating value (MJ/m3) 37.3 37.3 37.3 Maximum higher heating value (MJ/m3) 41 42.3 42.3 Minimum Wobbe Index 47.3 473 47.3 Maximum Wobbe Index 51 51 51 Maximum total sulphur (mg/m3)
- unodorised gas 10 50 50 - odorised gas n/a 60 60
Maximum Hydrogen Sulphide (mg/m3) 2 10 10 Maximum Oxygen (mol %) 0.2 0.2 0.2 Maximum Water (mg/m3) 48 100 100 Hydrocarbon dewpoint over the pressure Below 0°C Below 0°C Below 0°C range 2.5 to 8.72 MPa absolute
Maximum radioactive components (Bq/m3) 600 600 600 Minimum extractable LPGs (t/TJ) 1.45 n/a n/a
SCHEDULE 5
[Regulation 2591
CAPACITY UNDER EXEMPTED CONTRACTS
For the purposes of regulation 259 (2), the capacity reserved for, available to or being utilised by persons under exempted contracts is as follows -
Person Capacity reserved for, available
to or being utilised by the person
under an exempted contractAlcoa of Australia Limited (from the 214 TJ/d firm capacity commencement of these regulations
until and including 30 June 1995)Alcoa of Australia Limited (from and 195 TJ/d firm capacity including 1 July 1995 until and
including 30 May 1997)Alcoa of Australia Limited (from and 211 TJ/d firm capacity including 31 May 1997 onwards) WAPET comprising West Australian 3 TJ/d firm capacity Petroleum Pty Ltd, Chevron Asiatic Ltd, Chevron Oil Company of 17 TJ/d interruptible capacity Australia, Chevron Oil Australia Pty
Ltd, Texaco Oil Development
Company, Ainpolex Ltd, Ainpolex
(A.O.E.) Ltd and Shell Development(Australia) Pty Ltd Doral Resources NL Up to 15 TJ/d may be requested, but
whether any capacity is made
available is in the absolute discretion
of the corporation.
SCHEDULE 6
[Regulation 2601
INITIAL SHIPPERS
Table A - Full-haul initial shippers For the purposes of regulation 260, the initial full-haul shippers and their contracted capacities are as set out in the following table.
Shipper's contracted capacity in
Initial shipper
Tranche 1 Tranche 2 Tranche 3
Summer Winter Summer Winter Summer Winter
The corporation's other 157 187 0 0 0 0 business (from the
commencement of these
regulations until and
including 30 June 1995)The corporation's other 167 204 0 0 0 0 business (from and
including 1 July 1995
onwards)The Electricity 19 2 34 49 20 20 Corporation (from the
commencement of these regulations until and
including 30 June 1995)
The Electricity 28 4 34 49 20 20 Corporation (from and including 1 July 1995 onwards)
Table B - Part-haul initial shippers
For the purposes of regulation 260, the initial part-haul shippers and their contracted capacities are as set out in the following table.
Initial shipper
Shipper's contracted capacity for part-haul
The Electricity Corporation 20 TJ/d Hamersley Iron Pty Ltd 20 TJ/d Robe River Iron Associates comprising North 8 TJ/d Limited, Robe River Mining Company Limited,
Mitsui Iron Ore Development Pty Ltd,
Pannawonica Iron Associates and Cape Lambert
Iron AssociatesBy His Excellency's Command, M. C. WAUCHOPE, Clerk of the Council.
II 199 I II IIII !1IJ IIJII II Ii
0
0
0