Top-up and Spill Market Rules (WA)
Western Australia
Electricity Industry Act 2004
These rules were repealed by the
Western Australia
Western Australia
Electricity Industry Act 2004Electricity Industry Act 2004
These rules commence at the beginning of the 25th of June 2004.
[See regulation 5(3) of the
In these rules, unless the contrary intention appears from the context —
“
Note:
At the time these rules commenced, the definition in regulation 3 of the
“ ‘
(a) if the user is not Western Power, then an agreement entered into between Western Power and the user under these regulations, under which Western Power agrees to provide distribution access services to the user; and
(b) if the user is Western Power, then a deemed distribution access agreement provided for by regulation 15(2) or 52(8).”
At the time these rules commenced, the definition in regulation 3 of the ETR was —
“ ‘
(a) if the user is not Western Power, then an agreement between Western Power and the user, under which Western Power agrees to provide access services to the user; and;
(b) if the user is Western Power, then a deemed access agreement provided for by regulation 15(2) or 49(1) under which Western Power as a user is provided with access services.”
(a) to the extent that the member’s access contract incorporates or is governed by the ETR — the ETR; and
(b) to the extent that the member’s access contract incorporates or is governed by the EDR — the EDR.
“
“
“
“
(a) the amount specified in the
member’s access contract from time to time in respect of theconnection point ; or(b) if no amount is specified in the
member’s access contract , the maximum amount of electricity permitted to be transferred throughthe connection assets at theconnection point under thetechnical code .
Note:
At the time these rules commenced, the definition in regulation 3 of the EDR was —
“ ‘
a connection at which electricity is more likely to be transferred to the electricity distribution network or the electricity transmission network (as the case requires) than to be transferred from the electricity distribution network or the electricity transmission network (as the case requires).”
At the time these rules commenced, the definition in regulation 3 of the ETR was —
“ ‘
a connection at which electricity is more likely to be transferred to the electricity transmission network than to be transferred from the electricity transmission network.”
Note:
At the time these rules commenced, the definition in regulation 3 of the EDR was —
“ ‘
a connection at which electricity is more likely to be transferred from the electricity distribution network or the electricity transmission network (as the case requires) than to be transferred to the electricity distribution network or the electricity transmission network (as the case requires).”
At the time these rules commenced, the definition in regulation 3 of the ETR was —
“ ‘
a connection at which electricity is more likely to be transferred from the electricity transmission network than to be transferred to the electricity transmission network.”
Note:
At the time these rules commenced, the definition in regulation 30(1) of the EDR was —
“Good electricity industry practice means the exercise of that degree of skill diligence, prudence and foresight that reasonably would be expected from a significant proportion of operators of facilities forming part of a power system for the generation, transmission, distribution or supply of electricity under conditions comparable to those applicable to the relevant facility consistent with applicable laws, these regulations, the Distribution Technical Code, licences, codes, reliability, safety and environmental protection.”
At the time these rules commenced, the definition in regulation 28(1) of the ETR was —
“Good electricity industry practice means the exercise of that degree of skill, diligence, prudence and foresight that reasonably would be expected from a significant proportion of operators of facilities forming part of a power system for the generation, transmission or supply of electricity under conditions comparable to those applicable to the relevant facility consistent with applicable laws, these regulations, the Technical Code, licences, codes, reliability, safety and environmental protection.”
(a) the
market service provider’s generating plant; or(b) other plant in respect of which the
market service provider has a contractual arrangement to pay the plant owner or operator to use a liquid fuel, for the purposes of maintaining the secure and reliable operation of the SWIS.
Note for this definition:
See clause A5.7 of the operating procedures.
Note:
At the time these rules commenced, the definitions in section 89 of the Act were —
“ ‘
(a) the part or parts of the system operated by the corporation for the transportation of electricity that is or are prescribed by the regulations for the purposes of this paragraph; and
(b) plant and equipment that is —
(i) used by the corporation —
(I) in connection with the transfer of electricity to or from any part referred to in paragraph (a); or
(II) for a purpose related to such transfer;
and
(ii) prescribed, or of a kind that is prescribed, by the regulations for the purposes of this subparagraph.
‘
(a) the part or parts of the system operated by the corporation for the transportation of electricity that is or are prescribed by the regulations for the purposes of this paragraph; and
(b) plant and equipment that is —
(i) used by the corporation —
(I) in connection with the transfer of electricity to or from any part referred to in paragraph (a); or
(II) for a purpose related to such transfer;
and
(ii) prescribed, or of a kind that is prescribed, by the regulations for the purposes of this subparagraph.”
(a) regulation 26 of the
ETR ; or(b) regulation 28 of the
EDR ,
as amended or replaced from time to time.
“
The rules of interpretation in the Interpretation Act 1984 apply to the interpretation of these rules.
These rules, unless the contrary intention appears —
(a) “ including ” and similar expressions are not words of limitation; and(b) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning; and
(c) where italic typeface has been applied to some words and expressions, it is solely to indicate that those words or phrases may be defined in rule 1.2 or elsewhere, and in interpreting these rules the fact that italic typeface has or has not been applied to a word or expression is to be disregarded (but nothing in this rule 1.4(c) limits the operation of rule 1.2); and
(d) where information in these rules is set out in braces (namely “(“ and “)”), whether or not preceded by the expression “Note”, “Outline” or “Example”, the information —
(i) is provided for information only and does not form part of these rules; and
(ii) is to be disregarded in interpreting these rules; and
(iii) might not reflect amendments to these rules or other documents or written laws;
and
(e) where a clause number commences with “A”, the clause appears in the Appendices to these rules.
A reference in these rules to a
A reference in these rules to a
The
A person (
A
An
If the
If —
(a) an
applicant does not elect to amend itsaccess contract under rule 2.4; and(b) the
market service provider (acting as areasonable and prudent person ) determines that there is a material risk that, when theapplicant becomes amember , it will be unable to meet its obligation to pay an amount due under these rules,
then the
(c) pay a deposit equal to a reasonable estimate of the
applicant’s likely net obligations (after it becomes amember ) to pay themarket service provider under these rules over the coming 2 month period; or(d) provide a bank guarantee in terms acceptable to the
market service provider (acting reasonably) guaranteeing the payment of the amount referred to in rule 2.6(c).
A person is entitled to
(a) how many generation units, and of what type, the person uses to generate electricity transferred under the
access contract ; and(b) how many connection points, and of what type, are covered by the
access contract .
If an
If an
(a) notify the
applicant that themarket service provider requires security under rule 2.6 and the amount of the security required; or(b) give written notice (
“ membership notice ” ) to theapplicant confirming itsmembers hip, and theapplicant is joined as amember from the date of themembership notice .
If the
The time periods in rules 2.9 and 2.10 are suspended to the extent that the
A dispute between the
These rules apply to govern the relationships between the
(a) if the other
member has joined at or prior to the commencement of these rules — the commencement of these rules;(b) if the other
member joined after the commencement of these rules — the date themember joined.
A
The
The following rules will apply to a
(a) rules 1.2 to 1.6 and
(b) rule 2.16; and
(c) rules 3.3 to 3.5; and
(d) rule 6.14; and
(e) Chapter 8; and
(f) rules 9.1 and 9.2; and
(g) rules 9.4 to 9.6.
If —
(a) a
member did not, at the time of joining, elect to amend its access contract under rule 2.4; and(b) the
market service provider (acting as areasonable and prudent person ) determines at any time after themember joins that there is a material risk that themember will be unable to meet its obligation to pay for an amount due under these rules,
then the
Nothing in these rules prevents
The
(a) may supply wholesale
balancing spill electricity to themarket service provider ; and(b) may accept wholesale
balancing top-up electricity from themarket service provider ;(c) may nominate to supply, and if so must supply, wholesale
trading spill electricity to themarket service provider ; and(d) may nominate to accept, and if so must accept, wholesale
trading top-up electricity from themarket service provider ;
on the terms set out in these rules.
The
(a) manage and operate the
TUAS market ; and(b) supply wholesale
top-up electricity to amember ; and(c) accept wholesale
spill electricity from amember ;
on the terms set out in these rules.
The
The
An amount payable under these rules is recoverable as a contractual debt.
The “TUAS market”, for any half hour period, consists of either or both of —
(a) “ trading electricity ” for which themarket service provider and amember contract on a day-ahead basis, being either —(i) “ trading top-up electricity ” which is a specified quantity of wholesale electricity that themarket service provider will supply to themember , and themember will accept; or(ii) “ trading spill electricity ” which is a specified quantity of wholesale electricity that themember will supply to themarket service provider , and themarket service provider will accept;
and
(b) “ balancing electricity ” , being either —(i) “ balancing top-up electricity ” which is the quantity of wholesale electricity required to offset amember’s negativeimbalance , that themarket service provider supplies to themember , and themember accepts;
or
(ii) “
balancing spill electricity ” which is the quantity of wholesale electricity required to offset amember’s positiveimbalance , that themember supplies to themarket service provider , and themarket service provider accepts.
For the purposes of an
For the purposes of an
The maximum quantity of
Note for this rule:
The
The
The
A
A
Rule 3.10 does not apply in respect of the first 4 months after these rules commence.
The
By 10am on the
By 12 noon on the
(a) the amount of the
nomination which themarket service provider proposes to accept, determined in accordance with —(i) rule 3.21; and
(ii) any applicable
operating procedures ;
and
(b) the
trading price list that is to apply to the half hour unless aliquids event is declared.
If —
(a) the
trading price list notified under rule 3.17(b) is the same as the one which was in effect for the half hour when thenomination was submitted; and(b) the
market service provider proposes to accept the whole of themember’s nomination ,
then the
If —
(a) the
trading price list notified under rule 3.17(b) is not the same as the one which was in effect for the half hour when thenomination was submitted (for which purpose theprice list in effect when thenomination was submitted is thenormal price list unless themarket service provider had previously designated thesupply day as ahigh price day under rule 4.7 or the relevant part of thesupply day as aliquids event under rule 4.8); or(b) the
market service provider proposes not to accept the whole of themember’s nomination , or both, then —(c) by 2pm on the
nomination day themember may for each half hour in thesupply day —(i) withdraw its
nomination ; or(ii) submit a
“ revised nomination ” ; or(iii) notify the
market service provider that it will accept the amount notified by themarket service provider under rule 3.17(a) under the price list notified by themarket service provider under rule 3.17(b);
and
(d) unless the
member withdraws itsnomination under rule 3.19(c)(i), themember and themarket service provider must communicate and by 4pm on thenomination day must agree upon the“ accepted nomination ” and the price for the half hour, in accordance with —(i) rule 3.21; and
(ii) any applicable
operating procedures .
(e) The
market service provider may reject a revisednomination for a half hour if therevised nomination is fortrading top-up electricity when themember originallynominated under rule 3.16 fortrading spill electricity for the half hour, and vice versa.(f) If,
(i) the
market service provider notifies amember of a change in price under rule 3.17(a) or a change in themember’s nomination amount under rule 3.17(b); and(ii) the
member does not communicate with themarket service provider regarding itsnomination in accordance with rule 3.19(d),
then the
The
(a) the
member fails to comply with thenomination procedure set out in these rules or in theoperating procedures for that month; or(b) it is permitted to do so under Chapter 6; or
(c) the
nomination is for an amount greater than themember’s maximum trading requirement notified under rule 3.9; or(d) the
member has failed to comply with rule 3.12 for that month.
The
(a) could compromise the secure and reliable operation of the
SWIS ; or(b) in the case of
trading top-up electricity — might reasonably be expected to requireliquids to be burnt in the half hour.
The
(a) aggregate
nomination s acrossmembers and acrosstrading electricity for the purposes of rule 3.21 using a methodology which would be adopted by areasonable and prudent person ; and(b) apportion
nomination s betweenmembers for a day, if not allmembers ’nomination s fortrading electricity can be accepted for the day, on a pro-rata basis by reference to themembers ’nomination s (but themarket service provider may change the apportionment if it believes in good faith that amember’s nomination was deliberately set at a level designed to influence the outcome of this apportionment).
An
The
For the purposes of rule 3.28, a
(a) if it is an
intermittent renewable generator ; or(b) if it is both an
intermittent renewable generator and adispatchable generator , in which case it may do so in relation to itsintermittent renewable plant .
Forecast production data for a month must be provided at least 2 weeks before the
Rule 3.26 does not apply in respect of the first 4 months after these rules commence.
The
(a) for
balancing spill electricity , thebalancing band is the larger of —(i) if the
member’s plant includesintermittent renewable plant (whether or not it also includesdispatchable plant ) and themember has providedforecast production data in respect of thesupply day — the sum of theDSOCs of themember’s intermittent renewable plants for which theforecast production data has been provided under rule 3.25; and(ii) the lesser of 10 MW and the sum (across all the
member’s dispatchable plant if any) of themember’s DSOCs ;
and
(b) for
balancing top-up electricity , thebalancing band is the larger of —(i) if the
member’s plant includes intermittent renewable plant (whether or not it also includes dispatchable plant) and themember has provided forecast production data in respect of thesupply day — the lesser of the sum of theDSOCs of themember’s intermittent renewable plants for which theforecast production data has been provided under rule 3.25 and themember’s TCMD ; and(ii) the lesser of 10 MW and the
member’s TCMD .
3.29 Calculating member’s imbalance
The
(a) the sum of all the
member’s electricity generation (adjusted forline losses ) in the half hour plus the amount of anytrading top-up electricity in anaccepted nomination for the half hour (adjusted forline losses ),
minus —
(b) the sum of all of the
member’s electricity loads (adjusted forline losses ) in the half hour plus the amount of anytrading spill electricity in anaccepted nomination for the half hour (adjusted forline losses ).
The
(a) if the
imbalance is a negative number — supplybalancing top-up electricity up to the lesser of —(i) the
member’s imbalance ; and(ii) the
member’s balancing band fortop-up electricity calculated under rule 3.28(b);
and
(b) if the
imbalance is a positive number —accept balancing spill electricity up to the lesser of —(i) the
member’s imbalance ; and(ii) the
member’s balancing band forspill electricity calculated under rule 3.28(a).
3.31 Members must maintain adequate generation capacity
The member must ensure at all times that the sum of electricity (adjusted for line losses) which it is transferring out of the SWIS at any time at all exit points covered by the access contract is equal to or less than the sum of the DSOC of all its generating plant at entry points covered by the access contract.
If the
(a) 110% of the sum of the
output from all itsintermittent renewable plant atentry points covered by theaccess contract in the year; and(b) if it also has
dispatchable plant — the electricity production capability of its dispatchable plant (calculated as theDSOC of thedispatchable plant multiplied by the number of hours over the year).
Nothing in these rules affects —
(a) any obligation on a
member to have arrangements in place in respect of standby power or ancillary services; or(b) the operation of any such arrangements.
Requirements for
To the extent that the
(a) the
market service provider may refuse to supply or accept thetrading electricity ; and(b) to the extent that the
market service provider refuses under rule 3.35(a) to supply or accepttrading electricity , then either —(i) if the refusal is to supply
trading top-up electricity — themarket service provider must pay themember for each kWh oftrading electricity not provided, at a rate per kWh equal to the prevailing “residual imbalance (top-up) fee” in Appendix 3 or Appendix 4 (as applicable); or(ii) if the refusal is to supply
trading spill electricity — themember must pay themarket service provider for each kWh oftrading electricity not accepted, at a rate per kWh equal to the prevailing “residual imbalance (spill) fee” in Appendix 3 or Appendix 4 (as applicable);
and
(c) the
market service provider must —(i) communicate its refusal to provide or accept the
trading electricity to themember as soon as possible; and(ii) provide reasons for the curtailment to
members within 48 hours of the curtailment taking effect; and(iii) document the reasons for the curtailment in sufficient detail to allow for future audit of the decision in accordance with rule 5.17.
3.36 The TUAS market during a liquids event
Unless rule 3.35 applies, a
A
(a) if the
imbalance is a negative number, then —(i) if the absolute value of the
imbalance is less than or equal to themember’s balancing band fortop-up electricity calculated under rule 3.28(b) — theresidual imbalance is zero; and(ii) otherwise — the
residual imbalance is calculated as follows —
RI = (-1) x { -BBTU },
where —
is the absolute value of the
and
(b) if the
imbalance is a positive number, then —(i) if the
imbalance is less than or equal to themember’s balancing band forspill electricity calculated under rule 3.28(a) — theresidual imbalance is zero; and(ii) otherwise — the
residual imbalance is calculated as follows —
RI = I – BBS ,
where —
In rule 3.39,
To the extent that the
(a) the
excluded ETR provisions do not apply to, as terms of, or in respect of theaccess contract ; and(b) the provisions in Appendix 3 apply as terms of the
access contract as though —(i) they were set out in Part 4 of the
ETR in place of theexcluded ETR provisions ; and(ii) they were specified in regulation 46 of the
ETR as essential terms of theaccess contract for the purposes of clause 2(4) of Schedule 5 to theElectricity Corporation Act 1994 ; and(iii) they were expressly incorporated into the
access contract .
3.40
Rule 3.39(a) applies whether or not the
In rule 3.42,
To the extent that the
(a) the
excluded EDR provisions do not apply to, as terms of, or in respect of theaccess contract ; and(b) the provisions in Appendix 4 apply as terms of the
access contract as though —(i) they were set out in Part 4 of the EDR in place of the
excluded EDR provisions ; and(ii) they were specified in regulation 47 of the
EDR as essential terms of theaccess contract for the purposes of clause 2(4) of Schedule 6 to theElectricity Corporation Act 1994 ; and(iii) they were expressly incorporated into the
access contract .
3.43
Rule 3.42(a) applies whether or not the
For every half hour period in a
(a) a
trading top-up price (for eachtrading top-up band ); and(b) a
trading spill price (for eachtrading spill band ); and(c) a balancing top-up price; and
(d) a balancing spill price.
The
(a) for each of balancing
top-up electricity andbalancing spill electricity —(i) there must be a
normal price list ; and(ii) there may be one or more
high price lists ; and(iii) there may be a
liquids price list ,
each of which is a
(b) for each trading band, for each of
trading top-up electricity andtrading spill electricity —(i) there must be a
normal price list ; and(ii) there may be one or more
high price lists ; and(iii) there may be a
liquids price list ,
each of which is a
The
The
The price payable for
(a) subject to rule 4.5(b), the price specified for the half hour in the
trading price list notified for thesupply day under rule 3.17(b); or(b) if the
market service provider and themember agree a different price under rule 3.19(d), the agreed price.
The price payable for
(a) subject to rules 4.6(b) and 4.6(c) — the price specified for the half hour in the relevant normal price list for the balancing electricity; or
(b) subject to rule 4.6(c), if the day has been designated a high price day — the price specified for the half hour in the relevant high price list; or
(c) if the half hour is within a period which has been designated as a
liquids event and themarket service provider has prepared and published aliquids price list for the type ofbalancing electricity concerned — the price specified for the half hour in the relevantliquids price list.
The
(a) when the criteria specified in the operating procedures for doing so are met; and
(b) by notice given in accordance with the operating procedures; and
(c) at any time before, or at, the time specified in rule 3.17 on the
nomination day .
The
(a) when the criteria specified in the operating procedures for doing so are met; and
(b) by notice given in accordance with the operating procedures; and
(c) at any time prior to 30 minutes before the start of the period.
The
A
The
(a) offer higher
trading spill prices than those set out in the prevailingprice lists ; and(b) if so, set a limit on how much
trading spill electricity it is willing to accept at the higher prices.
If, during a period for which a
(a) which is beyond the
market service provider ’s control, and which themarket service provider acting as areasonable and prudent person is not able to prevent or overcome; and(b) which results in a substantial change in the
market service provider ’s costs of electricity generation from the level of those costs used when calculating the prices in theprice list ,
then the
(c) prepare and
publish proposedreplacement price lists ; and(d) provide a copy of each proposed
replacement price list to the Minister, together will all reasonable supporting informationrequired by the Minister.
The Minister has the function of auditing (to a standard and in accordance with procedures determined by the Minister in his or her discretion) the
Unless the Minister determines as a result of an audit under rule 4.13 that the circumstances do not justify the use of the
Subject to rule 5.4, the prices in
(a) the impact of seasons, daily load profile and variations between business days and non-business days; and
(b) the operating cost of plant dispatched by the
market service provider to provide thebalancing electricity andtrading electricity , including allowances for scheduled maintenance of plant; and(c) the anticipated impact of the
balancing electricity andtrading electricity usage on the cost of providing thebalancing electricity andtrading electricity , including impacts on operating costs, fuel purchases and fuel storage costs; and(d) excluding any allowance for the cost of capital of generating plant used to provide the
balancing electricity andtrading electricity ; and(e) the cost of administration of these rules; and
(f) the administration fees payable by
members ; and(g) all
price lists that will be in effect during thepricing period , and the likely amount of time that eachprice list will be applying.
The top-up prices in a
The
For any half hour period in the
The tariffs in the
(a) may diverge from the principle of economic cost neutrality set out in rule 5.2 and rule 5.3, but only to the extent necessary to provide an incentive for a
member to endeavour to maintain itsresidual imbalance at zero; and(b) must not be punitive.
The initial
The initial
price lists must specify prices forbalancing electricity andtrading electricity and charges forresidual imbalance covering at least a 3-month period beginning at the date these rules commence.
Subsequent
(a) specify prices for
balancing electricity andtrading electricity and charges forresidual imbalance covering at least a 1 month period beginning the day after the previousprice list expires; and(b) be
published by themarket service provider at least 2 months before theprice list is to take effect.
The
The
(a) recovering the reasonable costs referred to in rule 5.13 over the reasonably anticipated life of the
TUAS market and its successors, from all reasonably anticipated users; and(b) not imposing an inappropriate barrier to entry for initial
members .
The
administration fee will be sufficient to cover the costs directly connected with —(a) the further development of the pricing model; and
(b) calculating prices; and
(c) setting up the
TUAS market ; and(d) communications with
members ; and(e) managing the
TUAS market ; and(f) any audit under these rules;
(g) settlement.
5.14
Before imposing or changing an
(a) the
market service provider must give the Minister notice of the proposedadministration fee , together will all reasonable supporting information required by the Minister; and(b) the Minister has the function of auditing (to a standard and in accordance with procedures determined by the Minister in his or her discretion) the
administration fee to confirm that it complies with rules 5.12 and 5.13; and(c) unless the Minister determines as a result of the audit that
the administration fee does not comply with rules 5.12 and 5.13, theadministration fee takes effect 5business days after the notice was provided to the Minister under rule 5.14(a).
The
If the
In accordance with Appendix 2, the
(a) the
price lists ; and(b) the
administration fee ; and(c) the
market service provider ’s designation ofhigh price days ; and(d) the
market service provider ’s designation ofliquid events ; and(e) curtailments of
trading electricity enforced under rule 3.35.
To avoid doubt, the
The Minister may direct the
A
(a) the
member defaults in the due and punctual payment, at the time and in the manner required for payment by these rules, of any amount payable under these rules (“ default of payment ” ); or(b) the
member defaults in the due and punctual performance or observance of any of its obligations contained or implied by operation of law in these rules; or(c) an insolvency event occurs in respect of the
member ; or(d) the
member materially breaches any representation or warranty given to the othermember under these rules.
The
The
The
(a) supply
balancing top-up electricity to; and(b) accept
balancing spill electricity from,
a
To the extent that a
The
The
The
(a) supply
trading top-up electricity to; and(b) accept
trading spill electricity from,
a member while the member is in receipt of a payment default notice or a general default notice.
If a
A warning under rule 6.9 may be issued as soon as practicable after settlement of the
The
(i) the
member has aresidual imbalance of an amount other than zero for at least one half hour in thebalancing month ; and(ii) the
market service provider acting as areasonable and prudent person determines that on at least one occasion in thebalancing month the cause of themember having aresidual imbalance of an amount other than zero was themember’s failure to use reasonable endeavours to ensure that itsresidual imbalance for the half hour is zero.
The
(a) supply
trading top-up electricity to; and(b) accept
trading spill electricity from,
a
The
(a) 7 days from the
receipt date , if theimbalance default notice is the firstimbalance default notice received in any 12 month period; or(b) up to 14 days from the
receipt date , if theimbalance default notice is the secondimbalance default notice received in any 12 month period; or(c) up to 21 days from the
receipt date , if theimbalance default notice is the thirdimbalance default notice received in any 12 month period; or(d) up to the total number of days remaining in a
balancing month , if theimbalance default notice is the fourth or furtherimbalance default notice received in any 12 month period.
A
A
Nothing in rule 6.15 limits any other remedies that may be available to another
Note for this rule:
The parties may agree, or the arbitrator may determine when determining an access dispute, to include in an
In these rules,
Example for this rule:
Examples of
For the purposes of rule 3.32(a), the
For the purpose of this Chapter 8
The
If the disputes are not resolved after 10
(a) the
arbitrator ; and(b) the other party,
and the dispute is by that notice referred to arbitration by the
An
The
(a) is not obliged to conduct an arbitration; and
(b) may terminate an arbitration,
if, in the
(c) the subject matter of the dispute is trivial, misconceived or lacking in substance; or
(d) the notification of the dispute was vexatious; or
(e) the
applicant has not complied with rule 8.2 or has resorted to arbitration prematurely or unreasonably; or(f) the
arbitrator is otherwise satisfied, on the application of a party to the dispute, that there are good reasons why the dispute should not be arbitrated.
Appendix 6 applies.
The
The award referred to in rule 8.7 —
(a) must deal with the matter that was the basis for the notification of the dispute; and
(b) may deal with any other matter that the
arbitrator considers expedient to justly dispose of any proceedings before it.
Before making an award, the
When the arbitrator makes an award, the arbitrator must give the parties to the arbitration written reasons for making the award.
The
(a) prejudices the rights of a
member under these rules unless thatmember agrees or thearbitrator is satisfied that themember is or will be compensated on just terms for any loss suffered as a result; or(b) threatens the financial viability of the
market service provider .
Subject to rule 8.13, an award is binding on the parties to the arbitration in which it is made, from the date specified by the arbitrator.
An
Nothing in Chapter 8 gives any person other than the
The
The dispute resolution processes provided for by these rules are not arbitrations within the meaning of the
The
(a) the agreement is one made under rule 2.18; and
(b) the dispute is referred to the
arbitrator under the agreement.
Except to the extent that an agreement made under rule 2.18 provides otherwise, Appendix 6 applies with the appropriate modifications to the
Except where these rules provide otherwise, the provisions of the
Without limiting the generality of rule 9.1 and except where these rules provide otherwise, the following provisions of the
(a) invoicing and payment; and
(b) representations and warranties; and
(c) liability and indemnity; and
(d) force majeure; and
(e) notices.
Where a person is required to
Title to, and risk in, electricity which is transferred into a
Title to, and risk in, electricity which is transferred out of a
To avoid any doubt, by executing or complying with its obligations under these rules, a
Each
The Minister may from time to time convene a “TUAS consultation group” comprising —
(a) an appointee representing the Coordinator of Energy;
(b) 2 appointees representing the
market service provider ; and(c) 2 appointees representing the interests of
members and potentialmembers .
The Minister may from time to time appoint, and may from time to time remove and replace, one appointee as Chairperson of the TUAS consultation group.
The Minister may appoint each appointee for a period of up to 2 years (but this does not limit clause 11.5 or the Minister’s powers under rules 11.6(b)).
The Minister may re-appoint an appointee whose term of appointment has expired.
A person immediately ceases to be an appointee if the person —
(a) becomes of unsound mind or a person liable, or a person whose assets are liable, to any control or administration under any law relating to physical or mental health; or
(b) resigns by notice to the Minister; or
(c) dies; or
(d) ceases to be a representative of the Coordinator of Energy, the
market service provider , or amember or potentialmember (as the case may be).
The Minister —
(a) is to determine appointments (in accordance with rule 11.1) to, and constitution and procedures of, the TUAS consultation group; and
(b) may discharge, alter or reconstitute the TUAS consultation group.
Subject to rule 11.6, the TUAS consultation group may determine its own procedures.
The Minister may, within a 2 month period after the commencement of these rules, forego or abbreviate any consultation phase of these amendment procedures in respect of a proposed amendment to these rules.
Any person with a legitimate interest in requesting an amendment to these rules may make a written submission to the Minister specifying the proposed amendment and demonstrating why the amendment is necessary or desirable.
The Minister may within 7 days either —
(a) determine that the proposed amendment is vexatious, frivolous or not made in good faith, in which case he or she must notify the person who made the submission and the
market service provider of the decision; or(b) refer the proposed amendment to the TUAS consultation group.
The TUAS consultation group may within 10 business days after the day on which the submission was provided to it —
(a) determine whether the proposed amendment is likely to have a low impact on the
members or themarket service provider ; and(b) notify the Minister of any determination under 12.4(a).
Without limiting the TUAS consultation group’s discretion under rule 12.4 —
(a) a proposed amendment has a low impact if it —
(i) corrects a typographical error; or
(ii) does not have a material impact on the information technology systems of the
market service provider or othermembers ; or(iii) does not have a material impact on the
market service provider or othermembers ; and
(b) a proposed amendment is determined to have a high impact if it is not determined to have a low impact.
The TUAS consultation group, within 10 business days after the day on which the submission was provided to it, must make a recommendation to the Minister stating —
(a) whether he or she should proceed with the proposed amendment; and
(b) if so the form the amendment should take.
The Minister must consult with interested persons before making a decision under rule 12.8 if —
(a) the TUAS consultation group determines that the proposed amendment is likely to have a high impact on the
members or themarket service provider ; or(b) the TUAS consultation group does not make a determination under rule 12.4.
The Minister may consider any recommendation made by the TUAS consultation group and make a decision whether the proposed amendment be —
(a) approved; or
(b) not approved, in which case the Minister may state details of the revisions required before the Minister may approve the proposed amendment.
As soon as practicable after making his or her decision, the Minister may notify the interested persons and the TUAS consultation group of his or her final decision and his or her reasons for the decision and the amendments to these rules take effect from the date specified by the Minister in his or her decision.
The Minister may produce an amended copy of these rules and make a public announcement that interested persons may obtain a copy of the amended rules from the Minister, as soon as reasonably practicable after a decision to make an amendment under rule 12.8 is made.
If the proposed amendment relates to Appendix 5, then the Minister must have regard to rule 12.13 when making a decision under rule 12.8.
The Minister may repeal these rules without complying with the amendment procedure specified in this Chapter 12.
The operating procedures must —
(a) be consistent with these rules; and
(b) be fair; and
(c) be reasonable; and
(d) be consistent with good electricity industry practice; and
(e) so far as reasonably practicable produce predictable and consistent outcomes, and not be susceptible to gaming by either the
market service provider or anothermember ; and(f) be sufficiently detailed and clear to enable a
member or a prospectivemember to adequately determine its rights and obligations.
(See rule 2.2.)
This is an application under rule 2.2 of the Top-up and Spill Market Rules for the
A1.1 Date of this application: … … … … … … … … … … … … …
(Provide details of the company which is to become the “
A1.2 Name … … … … … … … … … … … … … … … (“
A1.3 ACN or ABN … … … … … … … … … … … … … … … … …
A1.4 Address … … … … … … … … … … … … … … …… … … … … … … … … … … … … … …… … … … … … … … … … …
(Provide details of the person who is to act as the liaison between the
Name: A1.5 … … … … … … … … … … … … … … … ..
A1.6 Position: … … … … … … … … … … … … … … … ..
Phone: A1.7 … … … … … … … … … … … … … … … ..
Fax: A1.8 … … … … … … … … … … … … … … … .
email: A1.9 … … … … … … … … … … … … … … … ..
(Provide details of the
A1.10 Date, and any other identifying details, of the
A1.11 (tick if applicable) The
A1.12 If the
A1.13 The
(a) for
trading top-up electricity is: … … … … … … … … kWh; and(b) for
trading spill electricity is: … … … … … … … … kWh.
(Note: The
A1.14 The
Signed on behalf of the
By: … … … … … … … … … … … … … … … … … … … …
Name and position: … … … … … … … … … … … … … … …
Date: … … … … … … … … … … … … … … … … … … … ...
(See rule 5.17.)
A2.1 Six months after the date on which the TUAS market rules commenced, and at 12 monthly intervals thereafter, the
A2.2 The market service providermust —
(a) ensure that the negative assurance audit is conducted in accordance with this Appendix 2; and
(b) obtain the
auditor ’s final report of its findings within 2 months after the end of the period to which the negative assurance audit relates.
A2.3 An
A2.4 In this clause A2.4, but subject to clause A2.7, the term “
(a) the holding of any office; or
(b) the entering into, or giving effect to, any contract, arrangement, understanding or relationship,
by an
(i) the
auditor ’s duties in conducting an audit under this Appendix 2; or(ii) the interests of the
market service provider ; or(iii) the interests of a
member .
A2.5 The
(a) before commencing any audit, and in any audit report, provides full disclosure of all actual or potential
conflicts of interest ;(b) at all times has in operation effective procedures to detect any actual or potential
conflict of interest which arises during the course of the audit; and(c) forthwith notifies the
market service provider andmembers of any actual or potentialconflict of interest which arises during the course of the audit, and of any non-compliance with this clause A2.5.
A2.6 The
(Note: Examples of when an actual or potential conflict of interest in an
A2.7 An
A2.8 Except as stated in clauses A2.9 and A2.10, the terms of retainer of an
A2.9 The
A2.10 To the extent that disclosure by an
(a) waive all of its rights to require that the
auditor keep the information or matter confidential; and(b) authorise disclosure by the
auditor of the information or matter in accordance with this Appendix 2.
A2.11 The
A2.12 Without limiting clause A2.11, the
(a) to deliver to the
auditor specified documents or records; and(b) to permit the
auditor —(i) to access its premises during a business day; and
(ii) to take copies of its records.
A2.13 As a pre-condition to cooperating and providing assistance under clause A2.12(b)(ii), a person may request to be identified as a covenantee under a deed executed under clause A2.9.
A2.14 The
(a) provides reasonable detail regarding the
auditor ’s investigations and methodology; and(b) details any material restrictions or deficiencies in the
auditor ’s access to or use of relevant documents or records; and(c) without limiting clause A2.14(a), details the circumstances of any non-compliance by the market service provider or the member with clauses A2.11 to A2.13, in respect of the negative assurance audit; and
(d) complies with the deed of undertaking under clause A2.9; and
(e) makes all disclosures required under clause A2.5; and
(f) either —
(i) states that the negative assurance audit did not disclose non-compliance; or
(ii) provides details of each breach, non-compliance or other circumstance which prevents a statement under clause A2.14 being made.
A2.15 In clauses A2.15 to A2.18, “level” means the degree of rigour with which a negative assurance audit is undertaken, including the size and nature of any sample used and the extent, if any, to which the sample is representative.
A2.16 The
A2.17 The
(a) the requirements set out in this Appendix 2; and
(b) the need for the level to be sufficient for the
auditor as a reasonable and prudent person to state that the negative assurance audit did not disclose non-compliance; and(c) the objective that a negative assurance audit is normally designed to verify that systems and processes are functioning correctly.
A2.18 A
A2.19 For each audit period, the
(a) the market service provider; and
(b) the Minister.
A2.20 For each audit period, the
(a) details all significant instances of non-compliance identified in the
auditor ’s report produced under this Appendix 2; and(b) details any action that has been taken or is proposed in respect of each instance of non-compliance identified in the audit report.
A2.21 The
A2.22 A
A2.23 The
(See rule 3.39.)
The provisions referred to in rule 3.39 are as follows —
“
In this regulation and regulations 22, 23 and 25 —
(a) the “group of connections” in respect of a user’s access agreement consists of the entry points and exit points specified in the access agreement and the entry points from which standby power is being supplied to one or more of those connections;
(b) if the market service provider is providing standby power under an arrangement with a user, then that standby power is to be taken to have been supplied at the connection for Muja power station; and
(c) rules 3.7 and 3.8 apply in respect of spill electricity and top-up electricity respectively.
(1) A user must use reasonable endeavours to ensure that its residual imbalancefor a half hour is zero.
(3) The half hourly residual imbalancecharge in respect of an access agreement for a half hour is determined by applying the following formula —
where —
RIC (in $) is the half hourly
RNA (in kWh) means the user’s residual imbalance.
RIF (in ¢/kWh) is —
(a) if RNA is negative, then the half hourly residual imbalance (top-up) fee set out in the residual imbalance tariff list applicable to the half hour; or
(b) if RNA is positive, then the half hourly residual imbalance (spill) fee set out in the residual imbalance tariff list applicable to the half hour.
(4) If the sum of the half hourly residual imbalance charges for the half hours in a month is negative, then an amount equal to -1 multiplied by that sum is payable by the user to Western Power, except if the user is Western Power.
(5) If the sum for the half hourly residual imbalance charges for the half hours in a month is positive, then an amount equal to that sum is payable by Western Power to the user, except if the user is Western Power.
(1) In this regulation —
(a) the “
demand exit rate ” for the group of connections in respect of a user’s access agreement for a half hour is determined by applying the following formula —
where —
DERA (in kW) is the demand exit rate for the group of connections in respect of the access agreement for the half hour;
PTExiti (in kW) is the average rate at which electricity is transferred at exit pointi from the electricity transmission network during the half hour under the access agreement;
LFExiti (a rate) is the loss factor for exit pointi determined under regulation 20;
the variable “i” represents an exit point which is one of the group of connections;
the variable “n” represents the number of exit points in the group of connections;
“SUR” means (in kW) the rate at which the user is transferring spill electricity to Western Power during the half hour.
(b) the “
demand entry rate ” for the group of connections in respect of an access agreement for a half hour is determined by applying the following formula —
where —
DER (in kW) is the demand entry rate for the group of connections in respect of the access agreement for the half hour;
PTEntryj (in kW) is the average rate at which electricity is transferred at entry pointj to the electricity transmission network during the half hour under the access agreement;
LFEntryj (a rate) is the loss factor for entry pointj determined under regulation 20;
the variable “j” represents an entry point which is one of the group of connections;
the variable “n” represents the number of entry points in the group of connections;
“TUR” means (in kW) the rate at which Western Power is transferring top-up electricity to the user during the half hour.
(c) the “
standby generation reservation ” (in kW) for a group of connections is the aggregate rate at which Western Power may be required to transfer standby power to the connections in the group of connections under the access agreement;(d) the “
excess demand ” (in kW) in respect of a group of connections for a half hour is equal to —(i) the demand exit rate for the group of connections for the half hour;
minus
(ii) the demand entry rate for the group of connections for the half hour;
minus
(iii) the standby generation reservation for the group of connections for the half hour,
but if the result of this calculation is negative, then the excess demand in respect of the group of connections for the half hour is zero;
(e) if the excess demand in respect of a group of connections for a half hour is not zero, then an excess demand period in respect of the group of connections commences at the start of that half hour, except if that half hour already falls within an excess demand period in respect of the group of connections;
(f) each excess demand period in respect of a group of connections includes 336 half hours.
(2) If an excess demand period in respect of a group of connections in respect of a user’s access agreement commences during a month, then the excess standby generation capacity charge payable by the user in respect of the group of connections for the month is determined by applying the following formula —
where —
ESCC (in $) is the excess standby generation capacity charge in respect of the group of connections for the month;
Ei (in kW) is the highest excess demand in respect of the group of connections for any half hour falling within excess demand periodi;
ESGF (in $/kW) is the excess standby generation capacity fee set out in the fee schedule for the financial year in which the month falls;
the variable “i” represents an excess demand period in respect of the group of connections that commenced during the month;
the variable “n” represents the number of excess demand periods in respect of the group of connections that commenced during the month.
(1) In this subregulation and subregulation (2) —
(a) the “excess amount” in respect of an entry point for a half hour is equal to —
(i) the average aggregate rate (in kW) at which the generating units connected at the entry point transferred electricity to the electricity transmission network during that half hour;
minus
(ii) the aggregate of the declared sent-out capacity figures (in kW) for those generating units,
but if the result of this calculation is negative, then the excess amount in respect of the entry point for the half hour is zero;
(b) if the excess amount in respect of an entry point for a half hour is more than zero, then an excess period in respect of the entry point commences at the start of that half hour, except if that half hour already falls within an excess period in respect of the entry point; and
(c) each excess period in respect of an entry point includes 336 half hours.
(2) If an excess period in respect of a user’s entry point commences during a month, then the excess network usage charge payable by the user in respect of the entry point for the month is determined by applying the following formula —
where —
ENUC (in $) is the excess network usage charge in respect of the entry point for the month;
Ei (in kW) is the highest excess amount for any of the half hours which fall within excess periodi;
USF (in $/kW) is the use of system fee in respect of the entry point determined in accordance with the user’s access agreement;
EF (a rate) is the excess network usage factor set out in the fee schedule for the financial year in which the month falls;
the variable “i” represents an excess period in respect of the entry point which commences during the month;
the variable “n” represents the number of excess periods in respect of the entry point which commence during the month.
(3) In this subregulation and subregulation (4) —
(a) the “excess rate” in respect of an exit point for a half hour is equal to —
(i) the average rate (in kW) at which electricity is transferred from the electricity transmission network at the exit point during that half hour;
minus
(ii) the contract maximum demand for the exit point,
but, if the result of this calculation is negative, then the excess rate in respect of the exit point for the half hour is zero;
(b) if the excess rate in respect of an exit point for a half hour is more than zero, then an excess demand period in respect of the exit point commences at the start of that half hour, except if that half hour already falls within an excess demand period in respect of the exit point; and
(c) each excess demand period in respect of an exit point includes 336 half hours.
(4) If an excess demand period in respect of a user’s exit point commences during a month, then the excess network usage charge payable by the user in respect of the exit point for the month is determined by applying the following formula —
where —
ENUC (in $) is the excess network usage charge in respect of the exit point for the month;
Ei (in kW) is the highest excess rate for any of the half hours which fall within excess demand periodi;
USF (in $/kW) is the use of system fee in respect of the exit point determined in accordance with the user’s access agreement;
CSF (in $/kW) is the common service fee determined in accordance with the user’s access agreement;
EF (a rate) is the excess network usage factor set out in the fee schedule for the financial year in which the month falls;
the variable “i” represents an excess demand period in respect of the exit point which commences during the month;
the variable “n” represents the number of excess demand periods in respect of the exit point which commence during the month.
(1) For the purposes of this regulation, a user is materially out of balance in respect of an access agreement for a half hour if its
residual imbalance is not zero.(2) If Western Power becomes aware that —
(a) a user is materially out of balance in respect of one of its access agreements for a period; and
(b) as a result, the operation of the electricity transmission network or the electricity distribution network as defined in the Electricity Distribution Regulations 1997 is likely to be materially adversely affected or persons with electrical installations connected to the electricity transmission network or the electricity distribution network as defined in the Electricity Distribution Regulations 1997 are likely to be materially adversely affected,
then, subject to subregulation (3), Western Power may interrupt or curtail the transfer of electricity to or from one or more of the group of connections in respect of that access agreement in order to remove or reduce that material adverse effect.
(3) Western Power must give notice to a user of its intention to exercise its powers under subregulation (2) in relation to a connection of the user a reasonable time before doing so.
(4) This regulation does not limit regulations 29 or 30 of the ETR.
”
(See rule 3.42.)
The provisions referred to in rule 3.42 are as follows —
“
In this regulation and regulations 24, 25 and 27 —
(a) the “group of connections” in respect of a user’s distribution access agreement consists of —
(i) the
entry points andexit points specified in the distribution access agreement and any linked transmission agreement in respect of the distribution access agreement; and(ii) the
entry points from which standby power is being supplied to one or more of those connections; and
(b) rules 3.7 and 3.8 apply in respect of spill electricity and
top-up electricity respectively.
(1) A user (other than Western Power) must use reasonable endeavours to ensure that its
residual imbalance for that half hour is zero.(1a) The half hourly
residual imbalance charge for a half hour in respect of a distribution access agreement —(a) that relates to a regional power system, is to be determined in accordance with the methodology set out in the Prices and Charges Paper, and any relevant provisions of the Distribution Technical Code; and
(b) that relates to the interconnected network, is to be determined in accordance with subregulations (2) to (9).
(3) The half hourly
residual imbalance charge in respect of a distribution access agreement for a half hour is determined by applying the following formula —
RIC (in $) is the half hourly
RNA (in kWh) means the user’s residual imbalance.
RIF (in ¢/kWh) is —
(a) if RNA is negative, then the half hourly
residual imbalance (top-up) fee set out in theresidual imbalance tariff list applicable to the half hour; or(b) if RNA is positive, then the half hourly
residual imbalance (spill) fee set out in theresidual imbalance tariff list applicable to the half hour.
(4) If the sum of the half hourly
residual imbalance charges for the half hours in a month is negative, then an amount equal to -1 multiplied by that sum is payable by the user to Western Power, except if the user is Western Power.(5) If the sum of the half hourly
residual imbalance charges for the half hours in a month is positive, then an amount equal to that sum is payable by Western Power to the user, except if the user is Western Power.
(1) In this regulation —
(a) the “
demand exit rate ” for the group of connections in respect of a user’s distribution access agreement for a half hour is determined by applying the following formula —
where —
DERA (in kW) is the demand exit rate for the group of connections in respect of the distribution access agreement for the half hour;
PTExit i (in kW) is the average rate at which electricity is transferred at exit point i from the electricity distribution network or the electricity transmission network (as the case requires) during the half hour under the distribution access agreement or any linked transmission agreement in respect of the distribution access agreement;
LFExit i (a rate) is —
(i) if exit point i is a transmission connection, then 1; and
(ii) if exit point i is a distribution connection, then the loss factor for exit point i determined under regulation 22;
LFXExit i (a rate) is —
(i) if exit point i is a transmission connection, then the loss factor determined under regulation 20 of the Electricity Transmission Regulations 1996 in respect of exit point i; and
(ii) if exit point i is a distribution connection, then the loss factor determined under regulation 20 of the Electricity Transmission Regulations 1996 in respect of the transfer point supplying exit point i;
the variable “i” represents an exit point which is one of the group of connections;
the variable “n” represents the number of exit points in the group of connections; and
“SUR” means (in kW) the rate at which the user is transferring spill electricity to Western Power during the half hour.
(b) the “demand entry rate” for the group of connections in respect of a distribution access agreement for a half hour is determined by applying the following formula —
where —
DER (in kW) is the demand entry rate for the group of connections in respect of the distribution access agreement for the half hour;
PTEntry j (in kW) is the average rate at which electricity is transferred at entry point j to the electricity distribution network or the electricity transmission network (as the case requires) during the half hour under the distribution access agreement or any linked transmission agreement in respect of the distribution access agreement;
LFEntry j (a rate) is —
(i) if entry point j is a transmission connection, then 1; and
(ii) if entry point j is a distribution connection, then the loss factor for entry point j determined under regulation 22;
LFTXEntry j (a rate) is —
(i) if entry point j is a transmission connection, then the loss factor determined under regulation 20 of the Electricity Transmission Regulations 1996 in respect of entry point j; and
(ii) if entry point j is a distribution connection, then the loss factor determined under regulation 20 of the Electricity Transmission Regulations 1996 in respect of the transfer point supplying entry point j;
the variable “j” represents an entry point which is one of the group of connections; and
the variable “n” represents the number of
“TUR” means (in kW) the rate at which Western Power is transferring
(c) the “
standby generation reservation ” (in kW) for a group of connections is the aggregate rate at which themarket service provider may be required to transport standby power to the connections in the group of connections under the distribution access agreement or any linked transmission agreement;(d) the “
excess demand ” (in kW) in respect of a group of connections for a half hour is equal to —(i) the demand exit rate for the group of connections for the half hour;
minus
(ii) the demand entry rate for the group of connections for the half hour;
minus
(iii) the standby generation reservation for the group of connections for the half hour,
but if the result of this calculation is negative, then the excess demand in respect of the group of connections for the half hour is zero;
(e) if the excess demand in respect of a group of connections for a half hour is not zero, then an excess demand period in respect of the group of connections commences at the start of that half hour, except if that half hour already falls within an excess demand period in respect of the group of connections; and
(f) each excess demand period in respect of a group of connections includes 336 half hours.
(2) If an excess demand period in respect of a group of connections in respect of a user’s distribution access agreement commences during a month, then the excess standby generation capacity charge payable by the user in respect of the group of connections for the month is determined by applying the following formula —
where —
ESCC (in $) is the excess standby generation capacity charge in respect of the group of connections for the month;
E i (in kW) is the highest excess demand in respect of the group of connections for any half hour falling within excess demand period i;
ESGF (in $/kW) is the excess standby generation capacity fee set out in the transmission fee schedule for the financial year in which the month falls;
the variable “i” represents an excess demand period in respect of the group of connections that commenced during the month;
the variable “n” represents the number of excess demand periods in respect of the group of connections that commenced during the month.
(1) In this subregulation and subregulation (2) —
(a) the “
excess amount ” in respect of a distribution entry point for a half hour is equal to —(i) the average aggregate rate (in kW) at which the generating units connected at the distribution entry point transferred electricity to the electricity distribution network during that half hour;
minus
(ii) the declared sent-out capacity (in kW) for that entry point,
but if the result of this calculation is negative, then the excess amount in respect of the entry point for the half hour is zero;
(b) if the excess amount in respect of a distribution entry point for a half hour is more than zero, then an excess period in respect of the distribution entry point commences at the start of that half hour, except if that half hour already falls within an excess period in respect of the distribution entry point; and
(c) each excess period in respect of a distribution entry point includes 336 half hours.
(2) If an excess period in respect of a user’s distribution entry point commences during a month, then the excess network usage charge payable by the user in respect of the distribution entry point for the month is determined by applying the following formula —
where —
EUNC (in $) is the excess use of network charge in respect of the distribution entry point for the month;
E i (in kW) is the highest excess amount for any of the half hours which fall within excess period i;
DSC (in kW) is the declared sent-out capacity for that entry point;
UNC (in $) is the use of network charge in respect of the distribution entry point for the month;
EF is the excess network usage factor set out in the distribution price list for the financial year in which the month falls;
the variable “i” represents an excess period in respect of the distribution entry point which commences during the month; and
the variable “n” represents the number of excess periods in respect of the distribution entry point which commence during the month.
(3) In this subregulation and subregulation (4) —
(a) the “
excess rate ” in respect of a distribution exit point for a half hour is equal to —(i) the average rate (in kW) at which electricity is transferred from the electricity distribution network at the distribution exit point during that half hour;
minus
(ii) the contract maximum demand for the distribution exit point,
but if the result of this calculation is negative, then the excess rate in respect of the distribution exit point for the half hour is zero;
(b) if the excess rate in respect of a distribution exit point for a half hour is more than zero, then an excess demand period in respect of the distribution exit point commences at the start of that half hour, except if that half hour already falls within an excess demand period in respect of the distribution exit point; and
(c) each excess demand period in respect of a distribution exit point includes 336 half hours.
(4) If an excess demand period in respect of a user’s distribution exit point commences during a month, then the excess network usage charge payable by the user in respect of the distribution exit point for the month is determined by applying the following formula —
where —
EUNC (in $) is the excess use of network charge in respect of the distribution exit point for the month;
E i (in kW) is the highest excess rate for any of the half hours which fall within excess demand period i;
CMD (in kW) is the contract maximum demand for the distribution exit point;
EF is the excess network usage factor set out in the distribution price list for the financial year in which the month falls;
UNC (in $) is the use of network charge in respect of the distribution exit point for the month;
the variable “i” represents an excess demand period in respect of the distribution exit point which commences during the month; and
the variable “n” represents the number of excess demand periods in respect of the distribution exit point which commence during the month.
(1) For the purposes of this regulation, a user is materially out of balance in respect of a distribution access agreement for a half hour if its
residual imbalance is not zero.(2) If Western Power becomes aware that —
(a) a user (other than Western Power) is materially out of balance in respect of one of its distribution access agreements for a period; and
(b) as a result, the operation of the electricity distribution network or the electricity transmission network is likely to be materially adversely affected or persons with electrical installations connected to the electricity distribution network or the electricity transmission network are likely to be materially adversely affected,
then, subject to subregulation (3), the
(3) Western Power must give notice to a user of its intention to exercise its powers under subregulation (2) in relation to a connection of the user a reasonable time before doing so.
(4) This regulation does not limit regulations 31 or 32 of the EDR.
”
(See rule 10.1.)
A5.1 All communications from a
(a) be by email with an attachment containing the relevant information; and
(b) be in the format (as to both email and attachment) determined from time to time by the
market service provider acting as areasonable and prudent person and notified to allmembers ; and(c) be capable of being reduced to writing by being printed.
A5.2 Communications of a general nature from the
A5.3 The
(a) nomination s; and(b) re
nomination s.
A5.4 A
A5.5 If email services are unavailable for any reason
(a) facsimile services;
(b) telephone, in which case a written confirmation —
(i) must be provided within 48 hours of the verbal communication being made; and
(ii) must include the name of the staff
member to whom the communication was made.
A5.6 The
A5.7 Where the
A5.8 The
A5.9 The
A5.10 The
A5.11 For a
(a) top-up trading band 1 is the band from 0% up to and including 70% of themember’s maximum trading requirement for trading top-up electricity ; and(b) top-up trading band 2 is the band from 70% up to and including 100% of themember’s maximum trading requirement for trading top-up electricity .
A5.12 For a
(a) spill trading band 1 is the band from 0% up to and including 70% of the member’s maximum trading requirement for trading spill electricity; and
(b) spill trading band 2 is the band from 70% up to and including 100% of the member’s maximum trading requirement for trading spill electricity.
A5.13 For the purposes of the definition of “
A5.14 Where a
(See rule 8.6.)
A6.1 This Appendix 6 applies if —
(a) in accordance with the rules, the market service provider or a member notifies the Minister that a dispute exists; and
(b) notification of the dispute is not withdrawn in accordance with the rules.
A6.2 Subject to the rules, proceedings must be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Appendix 6 and Chapter 8, and a proper hearing and determination of a dispute, permit.
A6.3 The arbitrator may from time to time make orders —
(a) regulating the conduct of proceedings; and
(b) regulating parties’ conduct in relation to proceedings,
which are directed towards achieving the objective in clause A6.2.
A6.4 The parties to a dispute must at all times conduct themselves in a manner which is directed towards achieving the objective in clause A6.2.
A6.5 An order under clause A6.3 is not an award.
A6.6 The arbitrator may request the Minister to give to the arbitrator any information in the Minister’s possession that is relevant to the dispute.
A6.7 The Minister is to give the arbitrator the information requested, whether or not it is confidential and whether or not it came into the Minister’s possession for the purposes of the arbitration.
A6.8 If the Minister gives the arbitrator information that is confidential —
(a) the Minister is to identify the nature and extent of the confidentiality; and
(b) the arbitrator is to treat the information accordingly.
A6.9 Subject to clause A6.10, proceedings are to be heard in private.
A6.10 If the parties agree, proceedings or part of the proceedings may be conducted in public.
A6.11 The arbitrator may give written directions as to the persons who may be present at proceedings that are conducted in private.
A6.12 In giving directions under clause A6.16, the arbitrator must have regard to the wishes of the parties and the need for commercial confidentiality.
A6.13 In proceedings under these rules, a party may appear in person or be represented by someone else.
A6.14 In proceedings, the arbitrator —
(a) is not bound by technicalities, legal forms or rules of evidence; and
(b) must act as speedily as a proper consideration of the dispute allows, having regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits, and fair settlement, of the dispute; and
(c) may gather information about any matter relevant to the dispute in any way the arbitrator thinks appropriate.
A6.15 The arbitrator may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the arbitration hearing, and may require that the cases be presented within those periods.
A6.16 The arbitrator may require evidence or argument to be presented in writing, and may decide the matters on which the arbitrator will hear oral evidence or argument.
A6.17 The arbitrator may determine that proceedings are to be conducted by —
(a) telephone; or
(b) closed circuit television; or
(c) any other means of communication.
A6.18 The arbitrator may do any of the following things for the purpose of determining a dispute —
(a) give a direction in the course of, or for the purpose of, proceedings; and
(b) hear and determine the proceedings in the absence of a party who has been given notice of the hearing; and
(c) sit at any place; and
(d) adjourn to any time and place; and
(e) refer any matter to an independent expert and accept the expert’s report as evidence.
A6.19 The arbitrator may make an interim determination.
A6.20 If the arbitrator makes a determination or interim determination it must —
(a) make it in writing, signed by the arbitrator; and
(b) include in the determination a statement of reasons for making the determination.
A6.21 If a determination of an arbitrator under this Appendix 6contains —
(a) a clerical mistake; or
(b) an error arising from an accidental slip or omission; or
(c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or
(d) a defect in form,
the arbitrator may correct the determination or the Court, on the application of a party, may make an order correcting the determination.
A6.22 A person must not do any act or thing in relation to the arbitration of a dispute that would be a contempt of court if the arbitrator were a court of record.
A6.23 The arbitrator may give an oral or written direction to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of proceedings unless the person has the arbitrator’s permission.
A6.24 A person must not contravene a direction given under clause A6.23.
A6.25 The arbitrator may take evidence on oath or affirmation and for that purpose the arbitrator may administer an oath or affirmation.
A6.26 The arbitrator may summon a person to appear before the arbitrator to give evidence and to produce such documents (if any) as are referred to in the summons.
A6.27 The powers contained in clauses A6.25 and A6.26 may only be exercised for the purposes of arbitrating a dispute under the rules.
A6.28 A person who is served with a summons to appear as a witness before the arbitrator must not, without reasonable excuse —
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself or herself from day to day unless excused, or released from further attendance, by the arbitrator.
A6.29 A person appearing as a witness before the arbitrator must not, without reasonable excuse —
(a) refuse or fail to be sworn or to make an affirmation; or
(b) refuse or fail to answer a question that the person is required to answer by the arbitrator; or
(c) refuse or fail to produce a document that he or she is required to produce by a summons served on it.
A6.30 The determination as to what is a reasonable excuse for the purposes A6.29 is solely in the discretion of the arbitrator.
A6.31 It is a reasonable excuse for the purposes of clause A6.30 for an individual to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might tend to incriminate the individual or to expose the individual to a penalty.
A6.32 Clause A6.31 does not limit what is a reasonable excuse for the purposes of clause A6.30.
A6.33 A person must not —
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another person,
because that other person —
(c) proposes to produce, or has produced, documents to the arbitrator; or
(d) proposes to appear, or has appeared, as a witness before the arbitrator.
A6.34 A party to an arbitration hearing may —
(a) inform the arbitrator that, in the party’s opinion, a specified part of a document contains confidential commercial information; and
(b) request the arbitrator not to give a copy of that part to another party.
A6.35 On receiving the request, the arbitrator must —
(a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and
(b) ask the other party or parties whether there is any objection to the arbitrator complying with the request.
A6.36 If there is an objection to the arbitrator complying with a request, the party objecting may inform the arbitrator of its objection and of the reasons for it.
A6.37 After considering —
(a) a request;
(b) any objection; and
(c) any further submissions that a party has made in relation to the request,
the arbitrator may make a determination —
(d) to not give to the other party or parties a copy of so much of the document as contains confidential commercial information that the arbitrator thinks should not be given; or
(e) to give the other party or another specified party a copy of the whole, or part, of the part of the document that contains confidential information subject to a condition that the party give an undertaking not to disclose the information to another person except to the extent specified by the arbitrator and subject to such other conditions as the arbitrator determines.
A6.38 An action for damages lies against any person (other than the arbitrator) who discloses information that the arbitrator has determined is confidential commercial information under clause A6.37.
A6.39 The costs of proceedings, including the fees and costs of the arbitrator, are in the discretion of the arbitrator who may —
(a) direct to and by whom and in what manner the whole or any part of those costs is to be paid;
(b) tax or settle the amount of costs to be so paid or any part of those costs;
(c) award costs to be taxed or settled as between party and party or as between solicitor and client.
A6.40 A party may appeal to the Court, on a question of law, from a determination of an arbitrator under this Appendix 6.
A6.41 An appeal must be instituted —
(a) not later than the 28th day after the day on which the decision is made or within such further period as the Court (whether before or after the end of that day) allows; and
(b) in accordance with the relevant Rules of Court.
A6.42 The Court may make an order staying or otherwise affecting the operation or implementation of the determination of the arbitrator that the Court thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.
A6.43 Where the arbitrator is required to give a copy of a draft decision or final decision to the parties to a dispute, the arbitrator is to also give a copy of the decision to the Minister.
Effect of appointment of new arbitrator on evidence previously given and awards and determinations previously made.
A6.44 Where a new person takes over the functions of arbitrator in place of a previous arbitrator who has begun but not completed the hearing and determination of a dispute —
(a) the new arbitrator may order the proceedings to be re-heard —
(i) in full, in which case all evidence heard by the previous arbitrator is to be disregarded by the new arbitrator; or
(ii) in part, in which case any evidence heard by the previous arbitrator during the parts of the proceedings which are re-heard is to be disregarded by the new arbitrator;
(b) if no order is made under clause A6.44(a), then the proceedings are to continue as though the new arbitrator had been present from the commencement of the proceedings;
(c) if an order is made under clause A6.44(a)(ii), then —
(i) the proceedings are to continue as though the new arbitrator had been present during the earlier proceedings; and
(ii) the new arbitrator is to treat any evidence given, document produced or thing done in the course of the earlier proceedings in the same manner in all respects as if it had been given, produced or done in the course of the proceedings conducted by the new arbitrator;
(d) any interim determination made in the course of the earlier proceedings is by force of this Appendix 6 to be taken to have been made by the new arbitrator; and
(e) the new arbitrator may adopt and act on any determination of a matter made in the course of the earlier proceedings without applying his or her own judgment to the matter.
A6.45 In clause A6.44, “earlier proceedings” means the proceedings or parts of the proceedings which the new arbitrator does not order to be re-heard under clause A6.44(a)(ii).
A6.46 A summons issued by the arbitrator under A6.26 —
(a) requiring a person to appear as a witness before the arbitrator; or
(b) requiring a person to appear before the arbitrator and to produce a document to the arbitrator.
A6.47 A summons must include —
(a) the name and address of the person on whom the summons is to be served;
(b) if the summons is for the production of a document —
(i) a proper description of the document; and
(ii) if the document is to be produced by a person that is a corporation, the name and title of the appropriate officer of the corporation who is to attend and produce the document;
and
(c) the date, time, and place of the hearing of the arbitrator at which the person is required to attend and, where applicable, produce the document.
A6.48 The summons remains in force for a period specified in the summons or, if no period is specified, until the conclusion of the proceedings in relation to which the summons has been issued.
A6.49 The summons is to be taken to have been effectively served if —
(a) a copy of the summons has been handed to the person to be served or, if service by that method is refused or obstructed or made impracticable, a copy of the summons has been placed as near as practicable to the person and the person has been informed of the nature of the summons; or
(b) a copy of the summons has been delivered to a legal practitioner acting for the person to be served and the legal practitioner has endorsed on the summons a statement to the effect that the legal practitioner accepts service; or
(c) the person to be served is a corporation and a copy of the summons was served on the corporation in accordance with the Corporations Act 2001 (Cth); or
(d) a copy of the summons was served in accordance with an agreement made between the parties as to —
(i) the place and method of service; and
(ii) the person on whom service may be effected;
or
(e) an answer to the summons has been filed with the arbitrator; or
(f) the arbitrator is satisfied that the person to be served has received a copy of the summons.
A6.50 Unless the Minister has made a decision under rule 8.5, the arbitrator must require the parties to make submissions to the arbitrator regarding the dispute by a specified date.
A6.51 In making a decision under rule 8.6, the arbitrator must —
(a) consider submissions received from the parties before the date specified by the arbitrator under clause A6.50;
(b) after considering submissions received by the date specified by the arbitrator under clause A6.50, provide a draft decision to the parties and request submissions from the parties by a specified date;
(c) consider submissions received from the parties before the date specified by the arbitrator under clause A6.51(b); and
(d) after considering submissions received by the date specified by the arbitrator under clause A6.51(b) provide a final decision to the parties.
A6.52 The arbitrator may, but need not, by whatever means it considers appropriate seek written submissions from persons who are not parties to the dispute and take those submissions into account in making its decision under rule 8.6.
A6.53 The arbitrator must provide a final decision under rule 8.6 within three months of requiring parties to make submissions under clause A6.50. The arbitrator must also ensure that there is a period of at least 14 days —
(a) between requiring parties to make submissions under clause A6.50 and the last day for such submissions specified by the arbitrator; and
(b) between providing a draft decision to the parties under clause A6.51(b) and the last day for submissions on the draft decision specified by the arbitrator.
(c) in all other respects the timing for the taking of each of the steps set out in clause A6.51 is a matter for the arbitrator to determine.
A6.54 The arbitrator may increase the period of three months specified in clause A6.53 by periods of up to one month on one or more occasions provided it provides the parties (and each person who has made a written submission to the arbitrator) with a notice of the decision to increase the period.
A6.55 The arbitrator need not before making a decision under clause A6.51(b) issue a draft decision.
A6.56 The
24 Jun 2004 p. 2181‑220 | 25 Jun 2004 (see r. 1.1) | |
accepted nomination................................................................................................ 1, 3, 3
access................................................................................................................................. 1
access regulations............................................................................................................ 1
administration fee......................................................................................................... 1, 5
applicant..................................................................................................................... 1, 2, 8
application..................................................................................................................... 1, 2
appointee........................................................................................................................... 1
arbitrator............................................................................................................................. 1
auditor................................................................................................................................ 1
balancing band.............................................................................................................. 1, 3
balancing electricity..................................................................................................... 1, 3
balancing month............................................................................................................... 1
balancing price list........................................................................................................ 1, 4
balancing spill electricity................................................................................................. 1
balancing spill price.......................................................................................................... 1
balancing top-up electricity........................................................................................ 1, 3
balancing top-up price..................................................................................................... 1
business day..................................................................................................................... 1
CMD................................................................................................................................... 1
communication.................................................................................................................. 1
conflict of interest............................................................................................................. 1
connection assets............................................................................................................. 1
connection point............................................................................................................... 1
contract.............................................................................................................................. 1
contract maximum demand.............................................................................................. 1
default................................................................................................................................. 1
default of payment........................................................................................................ 1, 6
dispatchable generator.................................................................................................... 1
dispatchable plant............................................................................................................ 1
DSOC.................................................................................................................................. 1
economic cost neutrality................................................................................................. 1
economically cost neutral................................................................................................ 5
EDR..................................................................................................................................... 1
entry point......................................................................................................................... 1
ETR..................................................................................................................................... 1
excluded EDR provision.................................................................................................. 1
excluded EDR provisions................................................................................................ 3
excluded ETR provision................................................................................................... 1
excluded ETR provisions................................................................................................. 3
exit point............................................................................................................................. 1
expiry date...................................................................................................................... 1, 6
forecast production data............................................................................................. 1, 3
former member................................................................................................................... 1
general default notice................................................................................................... 1, 6
good electricity industry practice.................................................................................. 1
high price day.................................................................................................................... 1
high price list..................................................................................................................... 1
imbalance....................................................................................................................... 1, 3
imbalance default notice.............................................................................................. 1, 6
including............................................................................................................................ 1
interested person.............................................................................................................. 1
intermittent renewable generator................................................................................ 1, 7
intermittent renewable plant............................................................................................ 1
level..................................................................................................................................... 1
line losses.......................................................................................................................... 1
liquids................................................................................................................................. 1
liquids event...................................................................................................................... 1
liquids price list................................................................................................................. 1
market service provider.................................................................................................... 1
maximum trading requirement..................................................................................... 1, 3
member............................................................................................................................... 1
membership notice................................................................................................ 1, 2, 2, 2
negative assurance audit................................................................................................. 1
network............................................................................................................................... 1
nomination..................................................................................................................... 1, 3
nomination day................................................................................................................. 1
normal price list................................................................................................................. 1
operating procedures....................................................................................................... 1
output............................................................................................................................. 1, 7
payment default notice................................................................................................ 1, 6
price list.............................................................................................................................. 1
pricing period.................................................................................................................... 1
publish............................................................................................................................ 1, 9
reasonable and prudent person...................................................................................... 1
receipt date.................................................................................................................... 1, 6
residual imbalance........................................................................................................ 1, 3
residual imbalance tariff................................................................................................... 1
residual imbalance tariff list............................................................................................. 1
revised nomination....................................................................................................... 1, 3
spill charge......................................................................................................................... 1
spill electricity................................................................................................................... 1
spill price............................................................................................................................ 1
supply day......................................................................................................................... 1
SUR..................................................................................................................................... 1
SWIS................................................................................................................................... 1
TCMD................................................................................................................................. 1
technical code................................................................................................................... 1
top-up charge.................................................................................................................... 1
top-up electricity............................................................................................................... 1
total contract maximum demand..................................................................................... 1
trading band.................................................................................................................. 1, 4
trading electricity.......................................................................................................... 1, 3
trading price list............................................................................................................ 1, 4
trading spill electricity.................................................................................................. 1, 3
trading spill price.............................................................................................................. 1
trading top-up electricity............................................................................................. 1, 3
trading top-up price.......................................................................................................... 1
transfer point..................................................................................................................... 1
TUAS charge..................................................................................................................... 1
TUAS consultation group............................................................................................... 1
TUAS market..................................................................................................................... 1
TUR..................................................................................................................................... 1
0
0
0