Electricity Industry Act 2004
Top-Up and Spill Market Rules
Electricity Industry Act 2004
Top-Up and Spill Market Rules
Western Australia
Top-Up and Spill Market Rules
Contents
Chapter 1 — Introductory
1.1Commencement2
1.2Definitions2
1.3Interpretation12
1.412
1.5References to a member include its generators and customers13
1.614
Chapter 2 — Membership
2.1Market service provider is a member15
2.2Application for membership15
2.3Member must have access contract15
2.4Amendment of access contract to provide for cross-default in payment15
2.515
2.6Security from applicant if access contract not amended16
2.7One membership per access contract16
2.8Membership notice16
2.917
2.1017
2.1117
2.12Application disputes18
2.13When the rules apply to a member (other than the market service provider)18
2.14Cancelling membership18
2.1518
2.1618
2.17Security from member if access contract not amended19
2.18Parties may contract inconsistently with these rules19
CHAPTER 3 — TUAS MARKET
3.1Obligation to provide20
3.220
3.3Payment obligation20
3.421
3.521
3.6Trading electricity and balancing electricity21
3.7Exit point for spill electricity22
3.8Entry point for top-up electricity22
3.9Member’s maximum trading requirement22
3.1022
3.1122
3.1223
3.1323
3.1423
3.15Advance notice of likely unavailability23
3.16Nomination of trading amounts23
3.1724
3.1824
3.1924
3.20When market service provider may refuse to accept nomination26
3.21Level of nominations which must be accepted26
3.2227
3.23Effect of an accepted nomination27
3.2427
3.25Forecast production data27
3.2628
3.2728
3.28Balancing band28
3.29Calculating member’s imbalance29
3.30The market service provider must supply or accept balancing electricity29
3.31Members must maintain adequate generation capacity30
3.3230
3.33These rules do not affect standby power and ancillary services arrangements30
3.34Top up and spill calculated on an aggregated basis31
3.35Relief from obligation to provide trading electricity31
3.36The TUAS market during a liquids event32
3.37Calculating member’s residual imbalance32
3.38ETR balancing provisions33
3.3933
3.4034
3.41EDR balancing provisions34
3.4234
3.4335
CHAPTER 4 — PRICE LISTS
4.1Price lists36
4.236
4.3Residual imbalance tariff list36
4.437
4.5Determining the price payable37
4.637
4.7High price days38
4.8Liquids events38
4.938
4.10 Trading bands38
4.11The market service provider may offer higher spill prices38
4.12 Replacement of price lists in changed circumstances39
4.1339
4.1439
CHAPTER 5 — PRICING PRINCIPLES AND REVIEW
5.1Prices to be economically cost neutral41
5.241
5.341
5.4Top-up trading prices may include 3% margin42
5.5Trading prices may differ from balancing prices42
5.6Balancing top-up price not to exceed balancing spill price42
5.7Residual imbalance tariffs42
5.8Pricing period and pricing review43
5.943
5.1043
5.11Administration Fee43
5.1243
5.1344
5.1444
5.1544
5.1645
5.17Audit procedures45
5.1845
5.1945
CHAPTER 6 — COMPLIANCE
6.1Default46
6.2Payment default46
6.346
6.4Effect of payment default notice46
6.547
6.6General default47
6.747
6.8Effect of general default notice47
6.9Written warning for having a residual imbalance47
6.1048
6.11Imbalance default48
6.12Effect of imbalance default notice48
6.1349
6.14Default by the market service provider49
6.15No termination for member’s default49
6.1649
CHAPTER 7 — INTERMITTENT RENEWABLE ENERGY GENERATORS
7.1Intermittent renewable generators defined50
7.2Output for intermittent renewable generators50
CHAPTER 8 — DISPUTE RESOLUTION
8.1Applicant51
8.2Disputes51
8.351
8.451
8.551
8.6Procedure52
8.7Award by the arbitrator52
8.852
8.952
8.1052
8.11Restrictions on awards53
8.12Effect of awards53
8.1353
8.14No third party intervention in arbitration53
8.15Performance of obligations53
8.16Commercial Arbitration Act 1985 does not apply54
8.17Additional jurisdiction of arbitrator for contractual disputes54
8.18Procedural rules for contractual disputes54
CHAPTER 9 — OTHER PROVISIONS
9.1Provisions of access contract apply55
9.255
9.3Publishing information55
9.4Title to electricity55
9.556
9.656
CHAPTER 10 — OPERATING PROCEDURES
10.1Members must comply with operating procedures57
CHAPTER 11 — TUAS CONSULTATION GROUP
11.158
11.258
11.358
11.458
11.558
11.659
11.759
CHAPTER 12 — AMENDMENT OF RULES
12.1Transitional amendments60
12.2 Submission of request for amendment of the rules60
12.3 Amendment of TUAS market rules60
12.460
12.561
12.661
12.761
12.862
12.962
12.1062
12.1162
12.1262
12.13Requirements for operating procedures63
APPENDIX 1 — APPLICATION FORM
APPENDIX 2 — TUAS AUDITS
APPENDIX 3 — MODIFIED ETR BALANCING PROVISIONS
APPENDIX 4 — MODIFIED EDR BALANCING PROVISIONS
APPENDIX 5 — OPERATING PROCEDURES
APPENDIX 6 — PROCEDURAL RULES FOR ARBITRATION
Notes
Compilation table103
Western Australia
Electricity Industry Act 2004
Top-Up and Spill Market Rules
These rules commence at the beginning of the 25th of June 2004.
[See regulation 5(3) of the Electricity Industry (Wholesale Market) Regulations 2004.]
In these rules, unless the contrary intention appears from the context —
“access contract” means a “distribution access agreement” as defined in the EDR or an “access agreement” as defined in the ETR.
Note:
At the time these rules commenced, the definition in regulation 3 of the EDR was —
“ ‘distribution access agreement’ in respect of a user, means —
(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 —
“ ‘access agreement’ in respect of a user, means —
(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.”
“accepted nomination” means a nomination which has been accepted under rule 3.18 or rule 3.19(d) for a half hour in a supply day.
“access regulations” means —
(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.
“administration fee” means the fee charged by the market service provider and payable by a member under rule 5.11.
“applicant” has the meaning given to it in rule 2.2 or rule 8.1 as applicable.
“application” means an application under rule 2.2.
“appointee” means a person appointed to the TUAS consultation group in accordance with Chapter 11.
“auditor” means a person appointed to conduct an audit under clause A2.1.
“arbitrator” has the meaning given to it in section 61 of the Gas Pipelines Access (Western Australia) Act 1998.
“balancing band” means a band defined in rule 3.28.
“balancing month” means the month over which balancing is calculated under the access regulations.
“balancing price list” means the list of prices prepared and published by the market service provider under rule 4.2(a) specifying prices for balancing electricity and comprising under these rules either a normal price list, a high price list, or a liquids price list.
“balancing electricity” is defined in rule 3.6(b) and means balancing top-up electricity or balancing spill electricity.
“balancing spill electricity” means the electricity accepted by the market service provider from a member as defined in rule 3.6(b)(ii).
“balancing spill price” means the applicable price for balancing spill electricity determined under rule 4.6 from the prices specified in a balancing price list.
“balancing top-up electricity” means the electricity supplied by the market service provider to a member as defined in rule 3.6(b)(i).
“balancing top-up price” means the applicable price for balancing top-up electricity determined under rule 4.6 from the prices specified in a balancing price list.
“business day” means a day that is not a Saturday, Sunday or a public holiday in Western Australia.
“communication” means a notice, approval, consent or other communication given or made under these rules.
“conflict of interest” is defined in clause A2.4.
“connection assets” means all of the network assets that are used only in order to transfer electricity into or out of a network at the relevant connection point and includes any transformers or switchgear at the relevant point, or which is installed to support or to provide backup to, such electrical equipment as is necessary for that transfer.
“connection point” means an entry point, exit point or transfer point.
“CMD” or “contract maximum demand” for a connection point means the maximum amount of electricity that the member may transfer out of the network at the connection point being either —
(a)the amount specified in the member’s access contract from time to time in respect of the connection point; or
(b)if no amount is specified in the member’s access contract, the maximum amount of electricity permitted to be transferred through the connection assets at the connection point under the technical code.
“default” means any event or thing which is a default as defined in rule 6.1.
“default of payment” means the default specified in rule 6.1(a).
“dispatchable generator” means any generator other than an intermittent renewable generator.
“dispatchable plant” means any plant used to generate electricity other than intermittent renewable plant.
“DSOC” means the amount notified from time to time as declared sent out capacity in respect of a connection point under a member’s access contract.
“economic cost neutrality” is defined in rules 5.1 to 5.3.
“EDR” means the Electricity Distribution Regulations 1997.
“entry point” has the meaning given to it in the access regulations.
Note:
At the time these rules commenced, the definition in regulation 3 of the EDR was —
“ ‘entry point’ means —
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 —
“ ‘entry point’ means —
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.”
“ETR” means the Electricity Transmission Regulations 1996.
“excluded EDR provision” is defined in rule 3.41.
“excluded ETR provision” is defined in rule 3.38.
“exit point” has the meaning given to it in the access regulations.
Note:
At the time these rules commenced, the definition in regulation 3 of the EDR was —
“ ‘exit point’ means —
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 —
“ ‘exit point’ means —
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.”
“expiry date” means the date upon which an imbalance default notice expires and is determined in accordance with rules 6.12 and 6.13.
“forecast production data” means data of the type specified in the operating procedures, which is to be provided in accordance with rule 3.25.
“former member” means a member who has cancelled its membership under rule 2.14.
“general default notice” means a notice given in accordance with rule 6.6.
“good electricity industry practice” has the meaning given to it in the access regulations.
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.”
“high price day” means a day to which, in accordance with the operating procedures, a high price list applies.
“high price list” means a price list prepared and published by the market service provider under rule 4.2(a)(ii) or 4.2(b)(ii).
“imbalance” is defined in rule 3.29.
“imbalance default notice” means a notice given in accordance with rule 6.11.
“interested person” means a member, a person who has made a submission to the Minister under rule 12.2 or any other person with a legitimate interest in the TUAS market who has notified the Minister of its interest.
“intermittent renewable generator” is defined in rule 7.1.
“intermittent renewable plant” means generating plant (powered by a renewable energy source) used by an intermittent renewable generator to generate electricity.
“level” means means the degree of rigour with which a negative assurance audit is undertaken as defined in A2.15.
“liquids” means a liquid fuel (including fuel oil and distillate) used as fuel in —
(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.
“liquids event” means a period of time to which, in accordance with the operating procedures, a liquids price list applies.
“liquids price list” means a price list (if any) prepared and published by the market service provider under rule 4.2(a)(iii) or 4.2(b)(iii).
“line losses” are to be determined in accordance with the operating procedures.
Note for this definition:
See clause A5.7 of the operating procedures.
“market service provider” means the Western Power Corporation referred to in section 4 of the Electricity Corporation Act 1994.
“maximum trading requirement” means the maximum quantity of trading top-up electricity and trading spill electricity notified to the market service provider from time to time under rule 3.9.
“member” means a person joined as such under these rules and includes the market service provider.
“membership notice” means a notice under, as applicable, rule 2.8, 2.9(b) or 2.10.
“negative assurance audit” means a review with the objective of enabling the auditor to state whether, on the basis of review procedures that do not provide all the evidence that would be required in a standard audit, anything has come to the auditor ’s attention that indicates the market service provider’s non-compliance with the rules set out in A2.1.
“network” has the meaning given to “electricity distribution system” and “electricity transmission system” in the Electricity Corporation Act 1994.
Note:
At the time these rules commenced, the definitions in section 89 of the Act were —
“ ‘electricity distribution system’ means —
(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.
‘electricity transmission system’ means —
(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.”
“nomination” means a nomination for an amount of trading top-up electricity or trading spill electricity under rule 3.16 for a half hour in a supply day.
“nomination day” means the business day before the supply day (that is, the day on which nominations occur).
“normal price list” means a price list that applies except when a high price list or liquids price list is in effect.
“operating procedures” means the procedures set out in Appendix 5.
“output” is defined in rule 7.2.
“payment default notice” means a notice given in accordance with rule 6.2.
“price list” means a trading price list or a balancing price list.
“pricing period” means the period to which a set of price lists applies.
“publish” is defined in rule 9.3.
“reasonable and prudent person” means a person acting in good faith and in accordance with good electricity industry practice.
“receipt date” means the date on which a member receives an imbalance default notice.
“residual imbalance” is defined in rule 3.37.
“residual imbalance tariff” means the tariff specified in the residual imbalance tariff list as applying for the band in which the residual imbalance falls.
“residual imbalance tariff list” means a list published under rule 4.3.
“revised nomination” is defined in rule 3.19(c).
“spill charge” means the charge payable by the market service provider for a half hour, calculated by multiplying the applicable spill price by the member’s supply of spill electricity during the half hour.
“spill price” means a trading spill price or a balancing spill price.
“spill electricity” means either or both of trading spill electricity and balancing spill electricity.
“supply day” means the day to which a nomination or accepted nomination relates (that is, the day on which the trading electricity is provided).
“SUR” means (in kW) the rate at which the member is transferring spill electricity to the market service provider during the half hour.
“SWIS” means the “South West interconnected system” as defined in the Electricity Industry Act 2004.
“technical code” means a technical code made under —
(a)regulation 26 of the ETR; or
(b)regulation 28 of the EDR,
as amended or replaced from time to time.
“top-up charge” means the charge payable by a member for a half hour, calculated by multiplying the applicable top-up price to the member’s usage of top-up electricity during the half hour.
“top-up electricity” means either or both of trading top-up electricity and balancing top-up electricity.
“top-up price” means a trading top-up price or a balancing top-up price.
“TCMD” or “total contract maximum demand” means the sum across all connection points covered by an access contract of the CMDs for each connection point.
“trading band” means a band specified under rule 4.10.
“trading price list” means a list of prices prepared and published by the market service provider under rule 4.2(b) specifying prices for trading electricity and comprising under these rules either a normal price list, a high price list, or a liquids price list.
“trading electricity” is defined in rule 3.6(a) and means trading top-up electricity or trading spill electricity.
“trading spill electricity” means the electricity accepted by the market service provider from a member as defined in rule 3.6(a)(ii).
“trading spill price” means the applicable price for trading spill electricity determined under rule 4.5 from the prices specified in a trading price list.
“trading top-up electricity” means the electricity supplied by the market service provider to a member as defined in rule 3.6(a)(i).
“trading top-up price” means the applicable price for trading top-up electricity determined under rule 4.5 from the prices specified in a trading price list.
“transfer point” means a connection point between different networks.
“TUAS consultation group” means the group convened under rule 11.1.
“TUAS charge” means an amount payable under these rules.
“TUAS market” is defined in rule 3.6.
“TUR” means (in kW) the rate at which the market service provider is transferring top-up electricity to the member during the half hour.
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.
1.5References to a member include its generators and customers
A reference in these rules to a member transferring electricity into the SWIS includes the transferring..... of electricity into the SWIS by or on behalf of the member or any of its electricity suppliers (if it has any).
A reference in these rules to a member withdrawing electricity from the SWIS includes the withdrawal of electricity from the SWIS by or on behalf of the member or any of its electricity customers (if it has any).
2.1Market service provider is a member
The market service provider becomes a member on commencement of these rules.
A person (“applicant”) who wishes to become a member may give written notice requesting membership materially in the form set out in Appendix 1 (“application”) to the market service provider, addressed to “Network Access Services Manager”.
2.3Member must have access contract
A member may not participate in the TUAS market on a day unless the member is entitled under an access contract to access the SWIS on the day.
2.4Amendment of access contract to provide for cross-default in payment
An applicant may by notice to the market service provider offer to amend its access contract to include a provision to the effect that any default of payment under these rules by the applicant (after it has become a member) is to be treated in the access contract as though it was also a default in payment under the access contract.
If the market service provider gives an applicant a membership notice, it is deemed, if it has not already done so, to have accepted the offer under rule 2.4, and the access contract is amended accordingly.
2.6Security from applicant if access contract not amended
If —
(a)an applicant does not elect to amend its access contract under rule 2.4; and
(b)the market service provider (acting as a reasonable and prudent person) determines that there is a material risk that, when the applicant becomes a member, it will be unable to meet its obligation to pay an amount due under these rules,
then the market service provider may require the applicant, at the applicant’s election, to either —
(c)pay a deposit equal to a reasonable estimate of the applicant’s likely net obligations (after it becomes a member) to pay the market 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).
2.7One membership per access contract
A person is entitled to membership of the TUAS market and the benefits of that membership once for each access contract to which the person is a party, regardless of —
(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 applicant offers to amend its access contract under rule 2.4, then the market service provider must within 3 business days after receiving the application give written notice (“membership notice”) to the applicant confirming its membership, and the applicant is joined as a member from the date of the membership notice.
If an applicant does not offer to amend its access contract under rule 2.4, then the market service provider must within 5 business days after receiving the application either —
(a)notify the applicant that the market service provider requires security under rule 2.6 and the amount of the security required; or
(b)give written notice (“membership notice”) to the applicant confirming its membership, and the applicant is joined as a member from the date of the membership notice.
If the market service provider gives notice under rule 2.9(a) that it will require security, and the applicant either pays a deposit under rule 2.6(c) or provides a bank guarantee under rule 2.6(d), then within 5 business days after receiving the payment or deposit the market service provider must give written notice (“membership notice”) to the applicant confirming its membership, and the applicant is joined as a member from the date of the membership notice.
The time periods in rules 2.9 and 2.10 are suspended to the extent that the market service provider is prevented from complying with them due to the applicant failing to provide reasonably sufficient information to enable the market service provider to determine whether it requires security under rule 2.6 and if so the amount of the security required.
A dispute between the market service provider and an applicant may be referred to the arbitrator, who is to determine it as though it was a dispute between the market service provider and a member under these rules.
2.13When the rules apply to a member (other than the market service provider)
These rules apply to govern the relationships between the market service provider and another member from the start of the next balancing month to start after —
(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 the member joined.
A member (other than the market service provider) may cancel its membership by giving at least 3 months’ written notice to the market service provider.
The market service provider may not cancel its membership.
The following rules will apply to a former member as though it was a member —
(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.
2.17Security from member if access contract not amended
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 a reasonable and prudent person) determines at any time after the member joins that there is a material risk that the member will be unable to meet its obligation to pay for an amount due under these rules,
then the market service provider may require the member, at the member’s election, to either pay a deposit under rule 2.6(c) or provide a bank guarantee under rule 2.6(d).
2.18Parties may contract inconsistently with these rules
Nothing in these rules prevents members from entering into an agreement that deals with the subject matter of these rules in a way that differs from the treatment of those matters in these rules.
The member —
(a)may supply wholesale balancing spill electricity to the market service provider; and
(b)may accept wholesale balancing top-up electricity from the market service provider;
(c)may nominate to supply, and if so must supply, wholesale trading spill electricity to the market service provider; and
(d)may nominate to accept, and if so must accept, wholesale trading top-up electricity from the market service provider;
on the terms set out in these rules.
The market service provider must —
(a)manage and operate the TUAS market; and
(b)supply wholesale top-up electricity to a member; and
(c)accept wholesale spill electricity from a member;
on the terms set out in these rules.
The member must pay the market service provider the top-up price for any top-up electricity provided under these rules.
The market service provider must pay the member the spill price for any spill electricity provided under these rules.
An amount payable under these rules is recoverable as a contractual debt.
3.6Trading electricity and balancing electricity
The “TUAS market”, for any half hour period, consists of either or both of —
(a)“trading electricity” for which the market service provider and a member contract on a day-ahead basis, being either —
(i)“trading top-up electricity” which is a specified quantity of wholesale electricity that the market service provider will supply to the member, and the member will accept; or
(ii)“trading spill electricity” which is a specified quantity of wholesale electricity that the member will supply to the market service provider, and the market 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 a member’s negative imbalance, that the market service provider supplies to the member, and the member accepts;
or
(ii)“balancing spill electricity” which is the quantity of wholesale electricity required to offset a member’s positive imbalance, that the member supplies to the market service provider, and the market service provider accepts.
3.7Exit point for spill electricity
For the purposes of an access contract and the access regulations, the exit point at which spill electricity is transferred out of the SWIS to the market service provider is deemed to be the connection for Muja power station.
3.8Entry point for top-up electricity
For the purposes of an access contract and the access regulations, the entry point at which top-up electricity is transferred into the SWIS by the market service provider is deemed to be the connection for Muja power station.
3.9Member’s maximum trading requirement
The maximum quantity of trading top-up electricity and trading spill electricity that the member may accept or supply for a half hour in a supply day is the amount notified to the market service provider by the member from time to time in accordance with rules 3.10 to 3.14 (“maximum trading requirement”).
Note for this rule:
The maximum trading requirement is to be specified in terms of energy (kWh) for each of top up and spill, for each half hour period in a day.
The member’s maximum trading requirement for trading top-up electricity for a half hour must not exceed the sum of the CMDs of all the member’s loads at exit points covered by the access contract for the half hour.
The member’s maximum trading requirement for trading spill electricity for a half hour must not exceed the sum of the DSOCs of all the member’s generating plant at entry points covered by the access contract for the half hour.
A member must notify the market service provider of its maximum trading requirement for a month at least 2 weeks before the market service provider is obliged to publish a price list under rule 5.10 for the month.
A member may comply with rule 3.12 by giving a standing notification.
Rule 3.10 does not apply in respect of the first 4 months after these rules commence.
3.15Advance notice of likely unavailability
The market service provider must use reasonable endeavours, where reasonably practicable, by 9am on the nomination day, to give notice to members in respect of one or more half hour periods in a supply day if it considers that it is unlikely to be able to meet all members’ maximum trading requirements as specified under rule 3.9 in the half hour.
3.16Nomination of trading amounts
By 10am on the nomination day, a member may for one or more half hours in the supply day nominate to the market service provider the amount of trading top-up electricity it wishes to accept or trading spill electricity it wishes to supply in the half hour (“nomination”).
By 12 noon on the nomination day, the market service provider must for each half hour in the supply day notify each member that made a nomination of —
(a)the amount of the nomination which the market 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 a liquids 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 the nomination was submitted; and
(b)the market service provider proposes to accept the whole of the member’s nomination,
then the nomination is the member’s “accepted nomination” for the half hour.
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 the nomination was submitted (for which purpose the price list in effect when the nomination was submitted is the normal price list unless the market service provider had previously designated the supply day as a high price day under rule 4.7 or the relevant part of the supply day as a liquids event under rule 4.8); or
(b)the market service provider proposes not to accept the whole of the member’s nomination, or both, then —
(c)by 2pm on the nomination day the member may for each half hour in the supply 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 the market service provider under rule 3.17(a) under the price list notified by the market service provider under rule 3.17(b);
and
(d)unless the member withdraws its nomination under rule 3.19(c)(i), the member and the market service provider must communicate and by 4pm on the nomination 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 revised nomination for a half hour if the revised nomination is for trading top-up electricity when the member originally nominated under rule 3.16 for trading spill electricity for the half hour, and vice versa.
(f)If,
(i)the market service provider notifies a member of a change in price under rule 3.17(a) or a change in the member’s nomination amount under rule 3.17(b); and
(ii)the member does not communicate with the market service provider regarding its nomination in accordance with rule 3.19(d),
then the member’s nomination will lapse, and the member is deemed not to accept or supply any trading electricity on the supply day.
3.20When market service provider may refuse to accept nomination
The market service provider may (acting as a reasonable and prudent person) refuse to accept a nomination from a member in a month if —
(a)the member fails to comply with the nomination procedure set out in these rules or in the operating 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 the member’s maximum trading requirement notified under rule 3.9; or
(d)the member has failed to comply with rule 3.12 for that month.
3.21Level of nominations which must be accepted
The market service provider must accept nominations for trading electricity for a half hour up to the level (across all members) above which, in the market service provider’s view as a reasonable and prudent person, accepting a higher level of nominations —
(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 require liquids to be burnt in the half hour.
The market service provider (acting as a reasonable and prudent person) must —
(a)aggregate nominations across members and across trading electricity for the purposes of rule 3.21 using a methodology which would be adopted by a reasonable and prudent person; and
(b)apportion nominations between members for a day, if not all members’ nominations for trading electricity can be accepted for the day, on a pro-rata basis by reference to the members’ nominations (but the market service provider may change the apportionment if it believes in good faith that a member’s nomination was deliberately set at a level designed to influence the outcome of this apportionment).
3.23Effect of an accepted nomination
An accepted nomination has effect as a contract between the member and the market service provider for the provision for the half hour of the amount of trading electricity specified in the accepted nomination at a price determined under rule 4.5.
The TUAS charges are payable whether or not the market service provider supplies the amount of trading top-up electricity or a member supplies the amount of trading spill electricity specified in the accepted nomination.
For the purposes of rule 3.28, a member may provide non-binding “forecast production data” for each month —
(a)if it is an intermittent renewable generator; or
(b)if it is both an intermittent renewable generator and a dispatchable generator, in which case it may do so in relation to its intermittent renewable plant.
Forecast production data for a month must be provided at least 2 weeks before the market service provider is obliged to publish a price list under rule 5.10(b).
Rule 3.26 does not apply in respect of the first 4 months after these rules commence.
The “balancing band” for a member for a half hour in a supply day is determined as follows —
(a)for balancing spill electricity, the balancing band is the larger of —
(i)if the member’s plant includes intermittent renewable plant (whether or not it also includes dispatchable plant) and the member has provided forecast production data in respect of the supply day — the sum of the DSOCs of the member’s intermittent renewable plants for which the forecast 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 the member’s DSOCs;
and
(b)for balancing top-up electricity, the balancing band is the larger of —
(i)if the member’s plant includes intermittent renewable plant (whether or not it also includes dispatchable plant) and the member has provided forecast production data in respect of the supply day — the lesser of the sum of the DSOCs of the member’s intermittent renewable plants for which the forecast production data has been provided under rule 3.25 and the member’s TCMD; and
(ii)the lesser of 10 MW and the member’s TCMD.
3.29Calculating member’s imbalance
The member’s “imbalance” for a half hour in a supply day is calculated as —
(a)the sum of all the member’s electricity generation (adjusted for line losses) in the half hour plus the amount of any trading top-up electricity in an accepted nomination for the half hour (adjusted for line losses),
minus —
(b)the sum of all of the member’s electricity loads (adjusted for line losses) in the half hour plus the amount of any trading spill electricity in an accepted nomination for the half hour (adjusted for line losses).
3.30The market service provider must supply or accept balancing electricity
The market service provider must —
(a)if the imbalance is a negative number — supply balancing top-up electricity up to the lesser of —
(i)the member’s imbalance; and
(ii)the member’s balancing band for top-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 for spill electricity calculated under rule 3.28(a).
3.31Members 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 member is an intermittent renewable generator, then it must ensure that the sum of electricity (adjusted for line losses) which it is transferring out of the SWIS at all exit points covered by the access contract calculated over a year is equal to or less than the sum of —
(a)110% of the sum of the output from all its intermittent renewable plant at entry points covered by the access contract in the year; and
(b)if it also has dispatchable plant — the electricity production capability of its dispatchable plant (calculated as the DSOC of the dispatchable plant multiplied by the number of hours over the year).
3.33These rules do not affect standby power and ancillary services arrangements
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.
3.34Top up and spill calculated on an aggregated basis
Requirements for trading electricity and balancing electricity are calculated on an aggregated basis for each access contract, across all of the member’s entry points and exit points.
3.35Relief from obligation to provide trading electricity
To the extent that the market service provider as a reasonable and prudent person determines that continuing to supply trading electricity to a member or accept trading electricity from a member could compromise the secure and reliable operation of the SWIS, then —
(a)the market service provider may refuse to supply or accept the trading electricity; and
(b)to the extent that the market service provider refuses under rule 3.35(a) to supply or accept trading electricity, then either —
(i)if the refusal is to supply trading top-up electricity — the market service provider must pay the member for each kWh of trading 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 — the member must pay the market service provider for each kWh of trading 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 the member 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.
3.36The TUAS market during a liquids event
Unless rule 3.35 applies, a liquids event has no effect on the market service provider’s obligation to provide trading electricity up to the level of the accepted nomination or balancing electricity.
3.37Calculating member’s residual imbalance
A member’s “residual imbalance” is determined as follows —
(a)if the imbalance is a negative number, then —
(i)if the absolute value of the imbalance is less than or equal to the member’s balancing band for top-up electricity calculated under rule 3.28(b) — the residual imbalance is zero; and
(ii)otherwise — the residual imbalance is calculated as follows —
RI = (-1) x {
where —
RI is the residual imbalance; and
BBTU is the member’s balancing band for top-up electricity calculated under rule 3.28(b);
and
(b)if the imbalance is a positive number, then —
(i)if the imbalance is less than or equal to the member’s balancing band for spill electricity calculated under rule 3.28(a) — the residual imbalance is zero; and
(ii)otherwise — the residual imbalance is calculated as follows —
RI = I – BBS ,
where —
RI is the residual imbalance; and
I is the imbalance; and
BBS is the member’s balancing band for spill electricity calculated under rule 3.28(a).
In rule 3.39, “excluded ETR provisions” means regulations 21, 22, 23, 24 and 25 of the ETR.
To the extent that the access contract between the member and the market service provider relates to access to the “electricity transmission network” as defined in the ETR, then —
(a)the excluded ETR provisions do not apply to, as terms of, or in respect of the access 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 the excluded ETR provisions; and
(ii)they were specified in regulation 46 of the ETR as essential terms of the access contract for the purposes of clause 2(4) of Schedule 5 to the Electricity Corporation Act 1994; and
(iii)they were expressly incorporated into the access contract.
Rule 3.39(a) applies whether or not the access contract would otherwise be read as expressly or impliedly incorporating the excluded ETR provisions either in full or by reference.
In rule 3.42, “excluded EDR provisions” means regulations 23, 24, 25, 26 and 27 of the EDR.
To the extent that the access contract between the member and the market service provider relates to access to the “electricity distribution network” as defined in the EDR, then —
(a)the excluded EDR provisions do not apply to, as terms of, or in respect of the access 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 the access contract for the purposes of clause 2(4) of Schedule 6 to the Electricity Corporation Act 1994; and
(iii)they were expressly incorporated into the access contract.
Rule 3.42(a) applies whether or not the access contract would otherwise be read as expressly or impliedly incorporating the excluded EDR provisions either in full or by reference.
For every half hour period in a supply day, there must at all times be price lists in effect which collectively specify —
(a)a trading top-up price (for each trading top-up band); and
(b)a trading spill price (for each trading spill band); and
(c)a balancing top-up price; and
(d)a balancing spill price.
The market service provider must prepare, and must publish, price lists which are consistent with rule 4.1 and rules 5.1 to 5.10 and are structured as follows —
(a)for each of balancing top-up electricity and balancing 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 “balancing price list”; and
(b)for each trading band, for each of trading top-up electricity and trading 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 “trading price list”.
4.3Residual imbalance tariff list
The market service provider must prepare, and must publish, a residual imbalance tariff list for residual imbalance tariffs, and the tariffs contained in that residual imbalance tariff list must be calculated in accordance with rule 5.7.
The residual imbalance tariff list may be expressed as one or more margins which apply above or below the prices in a price list.
4.5Determining the price payable
The price payable for trading electricity for a half hour in a supply day is —
(a)subject to rule 4.5(b), the price specified for the half hour in the trading price list notified for the supply day under rule 3.17(b); or
(b)if the market service provider and the member agree a different price under rule 3.19(d), the agreed price.
The price payable for balancing electricity for a half hour in a supply day is —
(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 the market service provider has prepared and published a liquids price list for the type of balancing electricity concerned — the price specified for the half hour in the relevant liquids price list.
The market service provider may designate a supply day to be a high price day —
(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 market service provider may designate a period of time (which may be all or part of the day) to be a liquids event —
(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 market service provider must not designate more than one liquids event per supply day.
A “trading band” is a band for trading electricity, the boundaries of which are to be determined for each member in accordance with the operating procedures.
4.11The market service provider may offer higher spill prices
The market service provider may from time to time, at its discretion, by notice to the member —
(a)offer higher trading spill prices than those set out in the prevailing price lists; and
(b)if so, set a limit on how much trading spill electricity it is willing to accept at the higher prices.
4.12 Replacement of price lists in changed circumstances
If, during a period for which a price list published under rule 5.8 or rule 5.10 applies, an event occurs —
(a)which is beyond the market service provider’s control, and which the market service provider acting as a reasonable 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 the price list,
then the market service provider must —
(c)prepare and publish proposed replacement price lists; and
(d)provide a copy of each proposed replacement price list to the Minister, together will all reasonable supporting information required 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 replacement price lists proposed under rule 4.12 to confirm that the circumstances justify their use and the prices in them.
Unless the Minister determines as a result of an audit under rule 4.13 that the circumstances do not justify the use of the replacement price lists proposed under rule 4.12 or the prices in them, the replacement price lists take effect 5 business days after they are provided to the Minister under rule 4.12(d).
CHAPTER 5 — PRICING PRINCIPLES AND REVIEW
5.1Prices to be economically cost neutral
Subject to rule 5.4, the prices in price lists must be determined with a view to achieving the objective that the market service provider’s provision of balancing electricity and trading electricity is “economically cost neutral”.
Economic cost neutrality will be achieved if the market service provider is materially neither economically advantaged nor disadvantaged by providing all the balancing electricity and trading electricity collectively over the period to which the price lists apply.
Economic cost neutrality is to be assessed having regard to the forecast short run marginal cost of providing the balancing electricity and trading electricity, taking into account —
(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 the balancing electricity and trading electricity, including allowances for scheduled maintenance of plant; and
(c)the anticipated impact of the balancing electricity and trading electricity usage on the cost of providing the balancing electricity and trading 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 and trading 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 the pricing period, and the likely amount of time that each price list will be applying.
5.4Top-up trading prices may include 3% margin
The top-up prices in a trading price list may be 3% higher than would be required to achieve economic cost neutrality.
5.5Trading prices may differ from balancing prices
The price lists for trading electricity may diverge from the price lists for the balancing electricity to account for the anticipated impact of usage of balancing electricity and trading electricity on the cost of providing the balancing electricity and trading electricity.
5.6Balancing top-up price not to exceed balancing spill price
For any half hour period in the balancing band the top-up price must be equal to or less than the spill price.
The tariffs in the residual imbalance tariff list —
(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 its residual imbalance at zero; and
(b)must not be punitive.
5.8Pricing period and pricing review
The initial price lists to apply from the commencement of these rules must be published immediately after these rules commence.
The initial price lists must specify prices for balancing electricity and trading electricity and charges for residual imbalance covering at least a 3-month period beginning at the date these rules commence.
Subsequent price lists must —
(a)specify prices for balancing electricity and trading electricity and charges for residual imbalance covering at least a 1 month period beginning the day after the previous price list expires; and
(b)be published by the market service provider at least 2 months before the price list is to take effect.
The market service provider may charge an “administration fee” to members in connection with the provision of balancing electricity and trading electricity.
The administration fee must be determined with a view to achieving the objectives of economic cost neutrality under rules 5.1 to 5.3, subject to the following additional objectives —
(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.
Before imposing or changing an administration fee —
(a)the market service provider must give the Minister notice of the proposed administration 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, the administration fee takes effect 5 business days after the notice was provided to the Minister under rule 5.14(a).
The administration fee is payable quarterly and in arrears.
If the member has paid the administration fee for a quarter, it is exempted from paying any fee for administration charged by the market service provider under the access regulations for the quarter in respect of supply of balancing electricity.
In accordance with Appendix 2, the market service provider must appoint an auditor to undertake an audit of —
(a)the price lists; and
(b)the administration fee; and
(c)the market service provider’s designation of high price days; and
(d)the market service provider’s designation of liquid events; and
(e)curtailments of trading electricity enforced under rule 3.35.
To avoid doubt, the residual imbalance tariffs contained in the residual imbalance tariff list published by the market service provider under rule 4.3 will not be audited under rule 5.17.
The Minister may direct the auditor appointed under rule 5.17 to take into account, when performing his or her functions under Appendix 2, any matters referred to the Minister by members under rule 6.14.
A member is in default if —
(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 other member under these rules.
The market service provider may give a “payment default notice” to a member (other than the market service provider) when the member is in default of payment.
The market service provider must withdraw a payment default notice as soon as the circumstances for the issue of a payment default notice cease to apply.
6.4Effect of payment default notice
The market service provider may refuse to —
(a)supply balancing top-up electricity to; and
(b)accept balancing spill electricity from,
a member while the member is in receipt of a payment default notice.
To the extent that a member has been given a payment default notice and has an imbalance then the imbalance is to be dealt with as a residual imbalance under Appendix 3 or Appendix 4 as applicable.
The market service provider may give a “general default notice” to a member (other than the market service provider) when the member is in default.
The market service provider must withdraw a general default notice as soon as the circumstances for the issue of a general default notice cease to apply.
6.8Effect of general default notice
The market service provider may refuse to —
(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.
6.9Written warning for having a residual imbalance
If a member has a residual imbalance of an amount other than zero then the market service provider may issue a written warning advising the member of its failure to comply.
A warning under rule 6.9 may be issued as soon as practicable after settlement of the balancing month during which the residual imbalance occurred, or at any earlier time.
The market service provider may as soon as practicable after settlement of the balancing month, or at any earlier time in respect of a balancing month, give an “imbalance default notice” to a member (other than the market service provider) if —
(i)the member has a residual imbalance of an amount other than zero for at least one half hour in the balancing month; and
(ii)the market service provider acting as a reasonable and prudent person determines that on at least one occasion in the balancing month the cause of the member having a residual imbalance of an amount other than zero was the member’s failure to use reasonable endeavours to ensure that its residual imbalance for the half hour is zero.
6.12Effect of imbalance default notice
The market service provider may refuse to —
(a)supply trading top-up electricity to; and
(b)accept trading spill electricity from,
a member from the date of receipt by the member of an imbalance default notice (“receipt date”) until the expiry of the period specified in rule 6.13 (“expiry date”).
The expiry date for the purposes of 6.12 is —
(a)7 days from the receipt date, if the imbalance default notice is the first imbalance default notice received in any 12 month period; or
(b)up to 14 days from the receipt date, if the imbalance default notice is the second imbalance default notice received in any 12 month period; or
(c)up to 21 days from the receipt date, if the imbalance default notice is the third imbalance default notice received in any 12 month period; or
(d)up to the total number of days remaining in a balancing month, if the imbalance default notice is the fourth or further imbalance default notice received in any 12 month period.
6.14Default by the market service provider
A member may refer to the Minister any failure or suspected failure by the market service provider to comply with these rules.
6.15No termination for member’s default
A member’s membership is not to be terminated for default by the member.
Nothing in rule 6.15 limits any other remedies that may be available to another member as a result of the default.
Note for this rule:
The parties may agree, or the arbitrator may determine when determining an access dispute, to include in an access contract a provision creating consequences in an access contract when a party is in breach under these rules.
CHAPTER 7 — INTERMITTENT RENEWABLE ENERGY GENERATORS
7.1Intermittent renewable generators defined
In these rules, “intermittent renewable generator” means a generator that has no or limited ability to control the availability of the renewable energy source used to generate electricity and which has no or very limited capacity to store energy.
Example for this rule:
Examples of intermittent renewable generators include wind farms, solar thermal (without storage) and run-of-river hydro generators.
7.2Output for intermittent renewable generators
For the purposes of rule 3.32(a), the “output” of an intermittent renewable generator for a particular 12 month period is the energy in kWh produced by the generator in the period.
CHAPTER 8 — DISPUTE RESOLUTION
For the purpose of this Chapter 8 “applicant” means the market service provider or a member who has given notice of dispute under rule 8.3.
The members must attempt to resolve any disputes arising out of or in connection with these rules in good faith by way of discussions between their respective authorised senior officers.
If the disputes are not resolved after 10 business days after discussions under rule 8.2 commence, either party may give written notice to —
(a)the arbitrator; and
(b)the other party,
and the dispute is by that notice referred to arbitration by the arbitrator.
An applicant may withdraw notification of the dispute at any time by notice to the arbitrator and all other parties to the dispute.
The arbitrator —
(a)is not obliged to conduct an arbitration; and
(b)may terminate an arbitration,
if, in the arbitrator’s opinion —
(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 arbitrator must make a written award concerning the dispute.
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 arbitrator must give a draft award to the parties to the arbitration and may take into account representations that any of them may make on the proposed award.
When the arbitrator makes an award, the arbitrator must give the parties to the arbitration written reasons for making the award.
The arbitrator must not make an award that —
(a)prejudices the rights of a member under these rules unless that member agrees or the arbitrator is satisfied that the member 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 applicant may, within 2 business days after an award is made which orders the market service provider to grant membership to the applicant, elect not to become a member as specified by the award by giving written notice of the election to the arbitrator and the market service provider.
8.14No third party intervention in arbitration
Nothing in Chapter 8 gives any person other than the market service provider and the applicant a right to be heard before the arbitrator.
8.15Performance of obligations
The parties must continue to perform their obligations under these rules despite the existence of a dispute, unless they agree otherwise or the arbitrator orders otherwise.
8.16Commercial Arbitration Act 1985 does not apply
The dispute resolution processes provided for by these rules are not arbitrations within the meaning of the Commercial Arbitration Act 1985.
8.17Additional jurisdiction of arbitrator for contractual disputes
The arbitrator has jurisdiction to hear a contractual dispute between the market service provider and a member if —
(a)the agreement is one made under rule 2.18; and
(b)the dispute is referred to the arbitrator under the agreement.
8.18Procedural rules for contractual disputes
Except to the extent that an agreement made under rule 2.18 provides otherwise, Appendix 6 applies with the appropriate modifications to the arbitrator’s hearing of a contractual dispute.
9.1Provisions of access contract apply
Except where these rules provide otherwise, the provisions of the access contract apply to govern the relationship between the market service provider and another member.
Without limiting the generality of rule 9.1 and except where these rules provide otherwise, the following provisions of the access contract (if any) apply between the member and the market service provider in respect of the supply and acceptance of balancing electricity and trading electricity —
(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 “publish” a thing under these rules, it must place details of the thing on a suitable website where it can be accessed by the relevant parties.
Title to, and risk in, electricity which is transferred into a network at a connection point under these rules passes from a member other than the market service provider to the market service provider at the time it passes through the connection point.
Title to, and risk in, electricity which is transferred out of a network at a connection point under these rules passes from the market service provider to a member other than the market service provider at the time it passes through the connection point.
To avoid any doubt, by executing or complying with its obligations under these rules, a member other than the market service provider does not acquire any right, title or interest in or to the network.
CHAPTER 10 — OPERATING PROCEDURES
10.1Members must comply with operating procedures
Each member including the market service provider must comply with the operating procedures contained in Appendix 5.
CHAPTER 11 — TUAS CONSULTATION GROUP
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 potential members.
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 a member or potential member (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.
CHAPTER 12 — AMENDMENT OF RULES
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.
12.2 Submission of request for amendment of the 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.
12.3 Amendment of TUAS market rules
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 the market 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 other members; or
(iii)does not have a material impact on the market service provider or other members; 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 the market 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.
12.13Requirements for operating procedures
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 another member; and
(f)be sufficiently detailed and clear to enable a member or a prospective member 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 applicant to join the TUAS market.
Date
A1.1Date of this application: … … … … … … … … … … … … …
Applicant
(Provide details of the company which is to become the “member”.)
A1.2Name … … … … … … … … … … … … … … … (“applicant”)
A1.3ACN or ABN … … … … … … … … … … … … … … … … …
A1.4Address … … … … … … … … … … … … … … …… … … … … … … … … … … … … … …… … … … … … … … … … …
Contact person
(Provide details of the person who is to act as the liaison between the applicant and Western Power in respect of the application.)
A1.5Name: … … … … … … … … … … … … … … … ..
A1.6Position: … … … … … … … … … … … … … … … ..
A1.7Phone: … … … … … … … … … … … … … … … ..
A1.8Fax: … … … … … … … … … … … … … … … .
A1.9email: … … … … … … … … … … … … … … … ..
Access contract
(Provide details of the access contract to which this application relates.)
A1.10Date, and any other identifying details, of the access contract: … … … … … … … … … … … … … … …… … … … … … … … … … … … … … …… … … … … … … … … … … … … … …
Modification of access contract
A1.11 (tick if applicable) The applicant offers to amend its access contract under rule 2.4
Information regarding security
A1.12 If the applicant has not ticked the box in clause A1.11, then the applicant must provide with this application financial and technical information which is reasonably sufficient to enable the market service provider to determine whether to require security under rule 2.6, and if so in respect of what amount.
Maximum trading requirements
A1.13 The applicant’s maximum trading requirement under rule 3.9 —
(a)for trading top-up electricity is: … … … … … … … … kWh; and
(b)for trading spill electricity is: … … … … … … … … kWh.
(Note: The maximum trading requirement is to be specified in terms of energy (kWh) for each of top up and spill, for each half hour period in a day.)
Forecast production data
A1.14 The applicant may provide with this application any forecast production data which it elects to provide under rule 3.25.
Signing
Signed on behalf of the applicant —
By: … … … … … … … … … … … … … … … … … … … …
Name and position: … … … … … … … … … … … … … … …
Date: … … … … … … … … … … … … … … … … … … … ...
(See rule 5.17.)
Audit of the market service provider
A2.1 Six months after the date on which the TUAS market rules commenced, and at 12 monthly intervals thereafter, the market service provider must appoint an auditor , in accordance with clause A2.3, to undertake a negative assurance audit of the market service provider’s compliance during the year with the provisions listed in rule 5.17.
A2.2 The market service provider must —
(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.
Auditor’s qualifications etc
A2.3 An auditor appointed under this Appendix 2 must have sufficient qualifications, resources, professional skill and experience to enable it to undertake the audit for which it is appointed.
Auditor’s conflict of interest
A2.4 In this clause A2.4, but subject to clause A2.7, the term “conflict of interest” includes, but is not limited to —
(a)the holding of any office; or
(b)the entering into, or giving effect to, any contract, arrangement, understanding or relationship,
by an auditor or any of its directors, officers, servants or agents whereby, directly or indirectly, duties or interests are or might be created for the auditor or any of the auditor ’s directors, officers, servants or agents which conflict, or might reasonably be expected to conflict, with any one or more of —
(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.
A2.5The market service provider must ensure that the auditor —
(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 and members of any actual or potential conflict of interest which arises during the course of the audit, and of any non-compliance with this clause A2.5.
A2.6 The market service provider must not appoint an auditor, or having appointed an auditor must terminate the appointment, if the market service provider becomes aware of an actual or potential conflict of interest in the auditor which might reasonably be expected to materially adversely affect the auditor ’s independence and impartiality or the performance of its duties.
(Note: Examples of when an actual or potential conflict of interest in an auditor might reasonably be expected to materially adversely affect the auditor ’s independence and impartiality or the performance of its duties, would be if the auditor is the person who designed the relevant systems.)
A2.7 An auditor appointed to conduct an audit under this Appendix 2 is not to be taken to have a conflict of interest merely because it has previously been appointed to conduct an audit under this Appendix 2, or because it carries out other audit duties for a member.
Terms of auditor’s retainer
A2.8 Except as stated in clauses A2.9 and A2.10, the terms of retainer of an auditor appointed under this Appendix 2 (including regarding remuneration, expenses, insurances and liability) are to be agreed between the auditor and the market service provider.
Confidentiality
A2.9 The market service provider must ensure that the auditor enters into a deed of undertaking regarding confidentiality on terms determined by the market service provider (acting reasonably), but that deed remains subject to clause A2.10.
A2.10 To the extent that disclosure by an auditor of any information or matter regarding a material non-compliance by the market service provider is necessary for the auditor to report on the material non-compliance, the market service provider must —
(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.
The market service provider, members must cooperate with auditor
A2.11 The market service provider and other members must cooperate with and provide all reasonable assistance to an auditor appointed under this Appendix 2.
A2.12 Without limiting clause A2.11, the market service provider must comply without delay with any request by the auditor for the purpose of conducting an audit under this Appendix 2 for the market service provider —
(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.
Audit report
A2.14 The market service provider must ensure that the auditor ’s report of a negative assurance audit under this Appendix 2 at least —
(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.
Level of Audit
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 market service provider and the appointed auditor are to agree the level of the negative assurance audit.
A2.17 The market service provider must ensure that the intensity of the negative assurance audit is adequate and reasonable having regard to —
(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 member may challenge the adequacy or level of a negative assurance audit conducted under this Appendix 2 by referring a matter to the Minister.
Audit report
A2.19 For each audit period, the auditor must produce an audit report and provide a copy of the unedited audit report, within 2 months after the end of the relevant audit period, to —
(a)the market service provider; and
(b)the Minister.
Audit summary report
A2.20 For each audit period, the auditor must produce a summary audit report, after consulting with the market service provider regarding the content of the report, within 2 weeks after the end of the relevant audit period which —
(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 auditor must provide a copy of the summary audit report, within 5 business days of its completion, to the Minister.
A2.22 A member may request a copy of the summary audit report and the Minister may provide a copy to the member within 10 business days from the date of the request.
A2.23 The auditor ’s report under clause A2.20 must as far as practicable be consistent with making adequate disclosure, not disclose details of matters expressly identified to it by the market service provider during the audit period as comprising the market service provider’s intellectual property, marketing systems, information technology or otherwise being confidential or commercially sensitive information.
APPENDIX 3 — MODIFIED ETR BALANCING PROVISIONS
(See rule 3.39.)
The provisions referred to in rule 3.39 are as follows —
“
21.Interpretation of regulations 22, 23 and 25
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.
22.Balancing
(1)A user must use reasonable endeavours to ensure that its residual imbalance for a half hour is zero.
(3)The half hourly residual imbalance charge in respect of an access agreement for a half hour is determined by applying the following formula —
where —
RIC (in $) is the half hourly residual imbalance charge in respect of the access agreement for the half hour;
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.
23.Excess standby generation charge
(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.
24.Excess network usage charge
(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.
25.Other consequences of being out of balance
(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.
”
APPENDIX 4 — MODIFIED EDR BALANCING PROVISIONS
(See rule 3.42.)
The provisions referred to in rule 3.42 are as follows —
“
23.Interpretation of regulations 24, 25 and 27
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 and exit 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.
24.Balancing
(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 residual imbalance charge in respect of the distribution access agreement for the half hour;
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 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.
25.Excess standby generation charge
(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 —
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 —
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 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 the market 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.
26.Excess network usage charge
(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.
27.Other consequences of being out of balance
(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 market service provider may interrupt or curtail the transfer of electricity to or from one or more of the group of connections in respect of that distribution 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 31 or 32 of the EDR.
”
APPENDIX 5 — OPERATING PROCEDURES
(See rule 10.1.)
Communications
A5.1 All communications from a member (other than the market service provider) to the market service provider, and (subject to clause A5.2) all communications from the market service provider to another member, must —
(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 a reasonable and prudent person and notified to all members; and
(c)be capable of being reduced to writing by being printed.
A5.2 Communications of a general nature from the market service provider to other members may be posted on the market service provider’s website, in which case each member must be notified of the posting by an email under clause A5.1.
A5.3 The market service provider must publish templates for standard communication requirements including —
(a)nominations; and
(b)renominations.
A5.4 A member other than the market service provider must use the templates published under clause A5.3.
A5.5 If email services are unavailable for any reason members must use other methods of communication, in the following priority —
(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 market service provider must publish its contact details on its website.
Line losses
A5.7Where the TUAS market rules refer to an adjustment for line losses, the adjustment will be calculated in accordance with the member’s access contract by the market service provider acting as a reasonable and prudent person.
High Price days
A5.8 The market service provider may declare a high price day if it determines as a reasonable and prudent person (including by undertaking system studies), the generation capacity (adjusted for planned and unplanned outages, standby requirements, spinning reserve, interruptible loads, must not run constraints, and forecast load) exceeds a safety margin set to the standard of a reasonable and prudent person.
Liquids Event
A5.9 The market service provider may declare a liquids event if more than 10MW of generating plant using this fuel is required to run in the absence of higher merit order plant.
A5.10 The market service provider as soon as practicable after each liquids event must give all other members a notice outlining the reasons for the liquids event and the periods affected by the liquids event.
Calculating band size for top-up trading bands
A5.11 For a member —
(a)top-up trading band 1 is the band from 0% up to and including 70% of the member’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 the member’s maximum trading requirement for trading top-up electricity.
Calculating band size for spill trading bands
A5.12 For a member —
(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.
Forecast production data
A5.13 For the purposes of the definition of “forecast production data” a member must provide statistically based forecasts of annual electricity production from its plant as well as shorter-term forecasts, sufficient to enable the member’s balancing band, and top-up and spill requirements to be determined.
A5.14 Where a member is not able to provide forecast production data, the average profile of the system for similar types of generation units may be used.
APPENDIX 6 — PROCEDURAL RULES FOR ARBITRATION
(See rule 8.6.)
Application
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.
Informality and expedition
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.
Arbitrator may request information
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.
Hearing to be in private
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.
Right to representation
A6.13 In proceedings under these rules, a party may appear in person or be represented by someone else.
Procedure
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.
Particular powers of arbitrator
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.
Determinations
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.
Contempt
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.
Disclosure of information
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.
Power to take evidence on oath or affirmation
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.
Failing to attend as a witness
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.
Failing to answer questions etc.
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.
A6.31It 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.
Intimidation etc.
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.
Party may request arbitrator to treat material as confidential
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.
Costs
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.
Appeal to Court
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.
Copies of decisions to be given to the Minister
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.
A6.45In 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).
Arbitrator may issue summons
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.
Decision of the Arbitrator
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 market service provider must comply with a decision of the arbitrator made under this Appendix 6 from the date specified by the arbitrator.
1This is a compilation of the Top-Up and Spill Market Rules. The following table contains information about those rules.
|
Citation |
Gazettal |
Commencement |
|
Top-Up and Spill Market Rules |
24 Jun 2004 p. 2181‑220 |
25 Jun 2004 (see r. 1.1) |
|
These rules were repealed by the Electricity Industry (Wholesale Electricity Market) Regulations 2004 r. 4 as at 30 Sep 2004 (see Gazette 30 Sep 2004 p. 4194) |
||
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
accepted nomination1, 3, 3
access1
access regulations1
administration fee1, 5
applicant1, 2, 8
application1, 2
appointee1
arbitrator1
auditor1
balancing band1, 3
balancing electricity1, 3
balancing month1
balancing price list1, 4
balancing spill electricity1
balancing spill price1
balancing top-up electricity1, 3
balancing top-up price1
business day1
CMD1
communication1
conflict of interest1
connection assets1
connection point1
contract1
contract maximum demand1
default1
default of payment1, 6
dispatchable generator1
dispatchable plant1
DSOC1
economic cost neutrality1
economically cost neutral5
EDR1
entry point1
ETR1
excluded EDR provision1
excluded EDR provisions3
excluded ETR provision1
excluded ETR provisions3
exit point1
expiry date1, 6
forecast production data1, 3
former member1
general default notice1, 6
good electricity industry practice1
high price day1
high price list1
imbalance1, 3
imbalance default notice1, 6
including1
interested person1
intermittent renewable generator1, 7
intermittent renewable plant1
level1
line losses1
liquids1
liquids event1
liquids price list1
market service provider1
maximum trading requirement1, 3
member1
membership notice1, 2, 2, 2
negative assurance audit1
network1
nomination1, 3
nomination day1
normal price list1
operating procedures1
output1, 7
payment default notice1, 6
price list1
pricing period1
publish1, 9
reasonable and prudent person1
receipt date1, 6
residual imbalance1, 3
residual imbalance tariff1
residual imbalance tariff list1
revised nomination1, 3
spill charge1
spill electricity1
spill price1
supply day1
SUR1
SWIS1
TCMD1
technical code1
top-up charge1
top-up electricity1
total contract maximum demand1
trading band1, 4
trading electricity1, 3
trading price list1, 4
trading spill electricity1, 3
trading spill price1
trading top-up electricity1, 3
trading top-up price1
transfer point1
TUAS charge1
TUAS consultation group1
TUAS market1
TUR1