Retail Market Rules Version 6.7 (CLEAN)

Retail Market Rules Version 6.7 (CLEAN)
Retail Market Rules
Version 6.7
16 February 2015
Retail Market Rules Version 6.7
© Retail Energy Market Company Limited ABN 15 103 318 556
Page 1 of 429
Version control
Version
Number
Effective
date
Rules affected
6.7
Updated to make
amendments for calculating
UAFG for uncovered subnetworks (see C02/14R)
6.6
Updated to make
amendments for shipper and
swing service provider listing
requests (see C01/14R).
6.5
Updated to make
amendments for shipper
validation at delivery points
(see C02/13R); and the
removal of the FRC Hub
Operational Terms and
Conditions from the Rule
Change Process (see
C03/13R).
6.4
Updated to make
amendments for exempting
Self Contracting Users from
FRC Hub communication
requirements under the
Specification Pack (see
C03/12R).
6.3
Updated to make
amendments for retail
scheme definition (see
C05/12R); removal of farmtap sub-networks (see
C01/12R); and nonconsequenntial amendments
to v6.2 of the Rules (see
C02/12R).
6.2
Updated the notice for new
or changed sub networks
and removed the Vines from
Appendix 1 (see C04/11R);
Retail Market Rules Version 6.7
Authority
© Retail Energy Market Company Limited ABN 15 103 318 556
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and updated the definition of
street/suburb combination
(see C05/11R)
6.1
Updated to remove
redundant references from
the Rules (see C04/10R);
and updated Kemerton subnetwork in Appendix 1.
6.0
Updated to make the Rules
workable for REMCo as a
WA-only operation.
5.9
Updated to allow the Rule
change process to work for
REMCo as a WA-only
operation.
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Contents
Chapter 1 – Interpretation and administration of the rules ................... 22
Part 1.1 – Commencement, definitions and interpretation ............................................ 22
1. Commencement ................................................................................................. 22
2. Definitions ......................................................................................................... 22
3. Interpretation .................................................................................................... 59
4. Delegation ......................................................................................................... 64
5. Meter readings deemed to occur at the start of the gas day ..................................... 64
6. Calculations, rounding and measurements ............................................................. 64
6A. Time under these rules...................................................................................... 64
6B. Distribution tariff codes ..................................................................................... 65
Part 1.2 – Compliance with obligations under these rules ............................................ 65
7. Obligation to act as a reasonable and prudent person ............................................. 65
Part 1.3 – Notices ............................................................................................................ 66
8. Requirements of effective notices and nominated contact details .............................. 66
9. Format of notices ............................................................................................... 67
10. There is no rule 10............................................................................................ 67
11. Delivery times for notices .................................................................................. 67
12. Notices by facsimile, hand delivery or post........................................................... 68
12A. Notices by email ............................................................................................. 69
13. REMCo may lodge and accept notices on behalf of a self-contracting user ................ 70
Part 1.4 – These rules and other instruments ................................................................ 70
14. Other instruments ............................................................................................ 70
14A. REMCo Specification Pack ................................................................................ 71
Part 1.5 – Appendices ..................................................................................................... 71
15. Identification of sub-networks, gas zones and gate points...................................... 71
16. Rule change procedure does not apply to amending and updating Appendices .......... 72
Part 1.6 – Review of rules ............................................................................................... 74
17. Review of the rules ........................................................................................... 74
Chapter 2 – The databases .................................................................... 75
Part 2.1 – The REMCo registry ........................................................................................ 75
18. REMCo registry is deemed to be correct............................................................... 75
19. Maintenance and administration of the REMCo registry .......................................... 75
20. REMCo standing data ........................................................................................ 75
21. Current user remains financially responsible for a delivery point ............................. 77
21A. FRC Hub certification ....................................................................................... 77
21B. Readiness certification ..................................................................................... 78
22. GBO identification ............................................................................................. 79
23. REMCo to provide bulk REMCo standing data ........................................................ 81
Part 2.2 – Changing the REMCo registry ........................................................................ 83
Division 2.2.1 – Obligation to keep REMCo registry accurate ................................................ 83
24. Purpose of this Part........................................................................................... 83
25. REMCo must keep REMCo registry accurate ......................................................... 83
26. Participants must keep REMCo registry accurate ................................................... 83
Division 2.2.2 – Data change notices .................................................................................... 84
27. Data change notice ........................................................................................... 84
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28.
29.
30.
31.
Requirements for valid data change notice ........................................................... 85
If data change notice is not valid ........................................................................ 86
If data change notice is valid REMCo accepts data change transaction ..................... 86
Multiple data change transactions ....................................................................... 87
Division 2.2.3 – Error Correction Notices .............................................................................. 87
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Error correction notice ....................................................................................... 87
Requirements for valid error correction notice ...................................................... 89
If error correction notice is not valid ................................................................... 91
If error correction notice is valid ......................................................................... 91
Error correction objection (in respect of an incorrect transfer) ................................ 93
If error correction objection is not valid ............................................................... 94
If error correction objection is valid..................................................................... 94
Withdrawal of error correction objection .............................................................. 94
If error correction objection withdrawal notice is not valid...................................... 95
If error correction objection withdrawal notice is valid ........................................... 95
Cancellation of error correction transaction .......................................................... 96
Withdrawal of error correction notice................................................................... 96
If error correction withdrawal notice is not valid ................................................... 96
If error correction withdrawal notice is valid ......................................................... 97
REMCo to mark as pending and then complete error correction transaction in respect of
an incorrect transfer .................................................................................... 97
47. When error correction transactions take effect ..................................................... 98
Division 2.2.4 – Provision of metering data at conclusion of valid error correction transaction
............................................................................................................................................. 98
48. Network operator must provide metering data to new current user ......................... 98
Division 2.2.5 – Updating REMCo registry and provision of REMCo standing data ................. 98
49. Updating REMCo registry after accepting a data change transaction ........................ 98
50. Updating REMCo registry after accepting and completing an error correction
transaction ................................................................................................. 99
51. Updating REMCo registry due to change in MIRN status ......................................... 99
52. Updating REMCo registry due to a completed transfer or determination of a small use
customer or a small use customer indicator determination ............................. 100
53. Provision of REMCo standing data ..................................................................... 101
Part 2.3 – Retention of and access to historical data in the REMCo registry ............. 103
54. REMCo registry to provide audit trail ................................................................. 103
55. Accessibility of data in the REMCo registry ......................................................... 103
55A. Explicit informed consent required .................................................................. 103
56. Request for historical REMCo standing data ........................................................ 104
57. REMCo to provide historical REMCo standing data ............................................... 105
Part 2.4 – A network operator’s databases .................................................................. 106
58. MIRN database ............................................................................................... 106
59. Street/suburb table ......................................................................................... 106
60. MSD database ................................................................................................ 107
61. Users and REMCo must assist a network operator to keep network operator’s
databases accurate ................................................................................... 108
62. Updating MIRN database and MSD database ...................................................... 109
Chapter 3 – MIRN transactions ............................................................ 110
Part 3.1 – New connection ............................................................................................ 110
63. Allocating MIRNs to network operators .............................................................. 110
64. Allocating a MIRN to a delivery point ................................................................. 110
65. MIRNs becoming commissioned for the first time ................................................ 110
66. New connection confirmation notice .................................................................. 111
67. Requirements for valid new connection confirmation notice .................................. 111
68. If new connection confirmation notice is not valid ............................................... 112
69. If new connection confirmation notice is valid..................................................... 112
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Part 3.2 – MIRN discovery ............................................................................................. 113
70. Purpose of MIRN discovery process ................................................................... 113
71. MIRN must be set out ..................................................................................... 113
72. Explicit informed consent required .................................................................... 113
73. REMCo to review MIRN discovery requests and explicit informed consents ............. 114
74. The MIRN discovery request ............................................................................. 115
74A
There is no rule 74A .................................................................................. 116
75. Network operator to respond to MIRN discovery request ...................................... 116
76. Network operator to assist ............................................................................... 117
Part 3.3 – Transfer ........................................................................................................ 118
Division 3.3.1 – Introduction .............................................................................................. 118
77.
78.
79.
80.
Transfer errors ............................................................................................... 118
Move in defined .............................................................................................. 119
Explicit informed consent ................................................................................. 119
Incoming user may lodge a transfer request ...................................................... 120
Division 3.3.2 – The transfer request .................................................................................. 120
81.
82.
83.
84.
85.
Transfer request ............................................................................................. 120
Transfer request deemed to be a request for certain purposes ............................. 121
Requirements for valid transfer request ............................................................. 122
If transfer request is not valid .......................................................................... 123
If transfer request is valid ................................................................................ 123
Division 3.3.3 – Objection to transfer (other than a move in) ............................................. 125
86. Network operator may object to a transfer other than a move in .......................... 125
87. ROLR may object to a transfer other than a move in after the retailer of last resort
scheme has been invoked .......................................................................... 125
88. Requirements for a valid transfer objection ........................................................ 126
89. If transfer objection is not valid ........................................................................ 127
90. If transfer objection is valid ............................................................................. 127
91. Withdrawal of transfer objection ....................................................................... 127
92. If transfer objection withdrawal is not valid ........................................................ 128
93. If transfer objection withdrawal is valid ............................................................. 128
94. If transfer objection not withdrawn ................................................................... 128
Division 3.3.4 – Withdrawal of transfer request .................................................................. 129
95. Incoming user may withdraw a transfer request ................................................. 129
96. If transfer withdrawal notice is not valid ............................................................ 130
97. If transfer withdrawal notice is valid .................................................................. 130
Division 3.3.5 – REMCo marks move in as pending ............................................................. 130
98. Marking a move in as pending .......................................................................... 130
99. Network operator may be required to undertake special meter reading for a move in
.............................................................................................................. 131
Division 3.3.6 – REMCo marks other transfer as pending .................................................... 132
100. Marking a transfer other than a move in as pending .......................................... 132
Division 3.3.7 – Actual value required for requested transfer of a basic metered delivery
point ................................................................................................................................... 133
101. Requested transfer of a basic-metered delivery point requires meter reading that has
generated an actual value .......................................................................... 133
Division 3.3.8 – The transfer takes effect ............................................................................ 134
102. Requirements for a transfer confirmation ......................................................... 134
103. The transfer ................................................................................................. 134
Part 3.4 – Retailer of Last Resort Scheme ................................................................... 136
104. Retailer of last resort scheme ......................................................................... 136
Part 3.5 – Disconnection and reconnection of delivery points .................................... 138
Division 3.5.1 – Disconnection by network operator ........................................................... 138
105. Disconnecting delivery points ......................................................................... 138
106. If disconnection notice is not valid .................................................................. 139
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107.
108.
109.
110.
If disconnection notice is valid ........................................................................ 139
Disconnection withdrawal notice ..................................................................... 140
If disconnection withdrawal notice is not valid .................................................. 141
If disconnection withdrawal notice is valid ........................................................ 141
Division 3.5.2 There is no division 3.5.2 .............................................................................. 142
111. There is no rule 111 ...................................................................................... 142
Division 3.5.3 – Disconnection confirmation notice to REMCo ............................................. 142
112.
113.
114.
115.
116.
Disconnection confirmation notice ................................................................... 142
Requirements for valid disconnection confirmation notice ................................... 142
If disconnection confirmation notice is not valid ................................................ 142
If REMCo does not receive valid metering data ................................................. 143
If disconnection confirmation notice is valid and valid metering data has been
received ................................................................................................... 143
Division 3.5.4 – Reconnection by network operator ............................................................ 144
117. Reconnecting delivery points .......................................................................... 144
118. If reconnection notice is not valid .................................................................... 146
119. If reconnection notice is valid ......................................................................... 146
Division 3.5.5 – Reconnection confirmation notice to REMCo .............................................. 147
120.
121.
122.
123.
124.
Reconnection confirmation notice .................................................................... 147
Requirements for valid reconnection confirmation notice .................................... 147
If reconnection confirmation notice is not valid ................................................. 147
If REMCo does not receive valid metering data ................................................. 148
If reconnection confirmation notice is valid and valid metering data has been received
.............................................................................................................. 148
Part 3.6 – Removing delivery points and deregistering MIRNs ................................... 149
Division 3.6.1 – Permanent removal by network operator .................................................. 149
125. Permanently removing delivery points ............................................................. 149
126. If permanent removal request is not valid ........................................................ 150
127. If permanent removal request is valid ............................................................. 151
Division 3.6.2 – Permanent removal confirmation notice to REMCo .................................... 152
128.
129.
130.
131.
132.
Permanent removal confirmation notice ........................................................... 152
Requirements for valid permanent removal confirmation notice .......................... 152
If permanent removal confirmation notice is not valid........................................ 153
If REMCo does not receive valid metering data ................................................. 153
If permanent removal confirmation notice is valid and valid metering data has been
received ................................................................................................... 154
Division 3.6.3 – Deregistering MIRNs ................................................................................. 154
133. Effect of permanent removal .......................................................................... 154
Chapter 4 – Metering ............................................................................ 155
Part 4.1 – Metering Equipment ..................................................................................... 155
134. Network operator must provide meters ............................................................ 155
135. Basic meters ................................................................................................ 155
136. Units for basic meters.................................................................................... 155
137. Interval meters............................................................................................. 155
138. Network operator to identify sites which consumed more than 10 TJ/a ................ 156
139. REMCo to determine whether interval meter must be fitted at a basic-metered site
.............................................................................................................. 156
140. REMCo to determine whether a delivery point may be converted to a basic-metered
delivery point as a result of a reduction in gas usage ..................................... 157
141. Metering upgrades ........................................................................................ 158
Part 4.2 – Meter reading requirements ......................................................................... 159
Division 4.2.1 – Interval meters.......................................................................................... 159
142. Interval meters to be read daily ...................................................................... 159
Division 4.2.2 – Basic meters – scheduled meter readings.................................................. 159
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143.
144.
145.
146.
Basic meters to be read in accordance with meter reading schedule .................... 159
Network operator to establish meter reading schedules ..................................... 160
Amendments to meter reading schedule .......................................................... 161
There is no rule 146 ...................................................................................... 161
Division 4.2.3 – Basic meters – special meter readings....................................................... 161
147. Special meter readings (basic meters only) ...................................................... 161
Division 4.2.4 – Basic meters – deemed meter readings ..................................................... 162
148. Deemed meter reading (basic meters only) ...................................................... 162
Division 4.2.5 – Basic meters – annual meter reading requirement .................................... 163
149. Basic meters to have at least one meter reading that generates an actual value per
year ........................................................................................................ 163
Division 4.2.6 – Meter reading by entity other than network operator ................................ 164
150. Meter reading activities by another entity ........................................................ 164
Part 4.3 – Gate point metering data ............................................................................. 164
151. Pipeline operators to provide physical gate point metering data .......................... 164
152. Network operator to provide gate point metering data to REMCo for each gate point
.............................................................................................................. 165
Part 4.4 – Metering Data ............................................................................................... 167
Division 4.4.1 – Verification guidelines for metering data ................................................... 167
153. Verification of meter reading data ................................................................... 167
Division 4.4.2 – Calculation of energy value........................................................................ 167
154.
155.
156.
157.
Energy value ................................................................................................ 167
Actual values ................................................................................................ 167
Estimated values .......................................................................................... 168
Substituted values ........................................................................................ 169
Division 4.4.3 – Timing for provision of metering data ........................................................ 170
158. Time for provision of metering data to current users and REMCo – basic and interval
meters..................................................................................................... 170
159. Changes to MIRN standing data and meter standing data relevant to calculations . 171
Division 4.4.4 – Content of metering data ........................................................................... 171
160. Metering data for current users – basic and interval meters ............................... 171
161. Metering data for new connections – basic meters ............................................ 172
162. Metering data for REMCo – basic and interval meters ........................................ 173
Division 4.4.5 – REMCo validation of metering data ............................................................ 173
163.
164.
165.
166.
Requirements for valid provision of metering data to REMCo .............................. 173
Replacement of metering data in REMCo registry according to energy value types 175
If metering data is not valid ........................................................................... 175
If metering data is valid ................................................................................. 175
Division 4.4.6 – Historical metering data ............................................................................ 176
166A. Explicit informed consent required ................................................................ 176
167. Provision of historical metering data to user on request ..................................... 176
168. Archived historical metering data and historical meter reading data .................... 177
Part 4.5 – Heating value data ....................................................................................... 178
169. Heating value data calculations ....................................................................... 178
170. Heating value data to be retained ................................................................... 178
171. Publication of heating value data .................................................................... 178
Chapter 5 - Allocation, Reconciliation and Swing ............................... 179
Part 5.1 – Introduction .................................................................................................. 179
171A. Exemption for farm tap sub-networks and single pipeline sub-networks ............ 179
172. There is no rule 172 ...................................................................................... 180
173. The shipper register ...................................................................................... 180
174. Only one notional gate point per pipeline for each sub-network .......................... 184
175. Gate Point control systems ............................................................................. 185
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176. Type of pipeline control system ...................................................................... 186
177. There is no rule 177 ...................................................................................... 189
Part 5.2 – User obligations ........................................................................................... 189
178. User to procure injections which match user’s likely swing service repayment
quantities and user’s required withdrawals ................................................... 189
179. There is no rule 179. ..................................................................................... 189
180. Rules may require negative injection ............................................................... 189
181. User to minimise its contribution to swing service ............................................. 190
182. Users collectively to keep sub-network pressurised ........................................... 190
183. There is no rule 183 ...................................................................................... 191
184. Renominations and changes in shipper’s right to inject gas ................................ 191
184A. There is no rule 184A .................................................................................. 191
185. There is no rule 185 ...................................................................................... 191
186. User to procure shipper’s nominations ............................................................. 191
Part 5.3 – Allocation instruction ................................................................................... 192
187. “User’s gas injections” defined ........................................................................ 192
188. User’s allocation instruction ............................................................................ 192
189. Revised allocation instructions ........................................................................ 193
190. There is no rule 190 ...................................................................................... 194
191. Validity of allocation instruction ...................................................................... 194
192. If allocation instruction is invalid ..................................................................... 194
193. User warranties ............................................................................................ 196
193A. Fallback user-shipper agreement ................................................................. 196
Part 5.4 – Before the start of the gas day .................................................................... 197
Division 5.4.1 – Before the start of the gas day .................................................................. 197
194.
195.
196.
197.
198.
199.
200.
Shipper’s nominations apply only to extent accepted ......................................... 197
User to procure standing nomination ............................................................... 197
User’s amount of a shipper’s nomination .......................................................... 197
User’s pipeline nomination amount .................................................................. 198
User’s total nomination amount ...................................................................... 198
REMCo publishes profiled daily nominations ..................................................... 198
REMCo determines profiles ............................................................................. 199
Division 5.4.2 – There is no Division 5.4.2 .......................................................................... 199
201.
202.
203.
204.
205.
206.
207.
208.
209.
There
There
There
There
There
There
There
There
There
is
is
is
is
is
is
is
is
is
no
no
no
no
no
no
no
no
no
rule
rule
rule
rule
rule
rule
rule
rule
rule
201 ...................................................................................... 200
202 ...................................................................................... 200
203 ...................................................................................... 200
204 ...................................................................................... 200
205 ...................................................................................... 200
206 ...................................................................................... 200
207 ...................................................................................... 200
208 ...................................................................................... 200
209 ...................................................................................... 200
Part 5.5 – During the gas day ........................................................................................ 200
Division 5.5.1 – During the gas day..................................................................................... 200
210. Pipeline operators to provide hourly data ......................................................... 200
211. REMCo’s intra-day reporting ........................................................................... 200
212. REMCo updates profiled sub-network nominations ............................................ 201
Division 5.5.2 – There is no Division 5.5.2 .......................................................................... 201
213.
214.
215.
216.
217.
There
There
There
There
There
is
is
is
is
is
no
no
no
no
no
rule
rule
rule
rule
rule
213 ...................................................................................... 201
214 ...................................................................................... 201
215 ...................................................................................... 201
216 ...................................................................................... 201
217 ...................................................................................... 201
Division 5.5.3 – During the gas day..................................................................................... 201
217A. Pressure control pipeline to provide instantaneous flow signals ........................ 201
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Part 5.6 – Allocation ...................................................................................................... 203
218. The period for calculations ............................................................................. 203
219. Part 5.6 and Part 5.7 calculations do not affect swing charges or payments ......... 204
220. Pipeline injections ......................................................................................... 204
221. Total corrected injections ............................................................................... 205
222. User’s interval-metered withdrawals ................................................................ 205
223. Net system load............................................................................................ 206
224. Raw estimate of basic-metered delivery points withdrawals................................ 208
225. Normalisation factor for estimate of basic-metered delivery points withdrawals .... 209
226. Estimated basic-metered withdrawal for each basic-metered delivery point .......... 209
227. User’s estimated basic-metered withdrawals .................................................... 210
228. User’s estimated total withdrawals .................................................................. 210
229. Estimate of unaccounted for gas ..................................................................... 211
230. REMCo calculates actual UAFG ........................................................................ 212
Part 5.7 – Reconciliation ............................................................................................... 213
231. There is no rule 231 ...................................................................................... 213
232. Calculate distributed actual basic-metered withdrawal ....................................... 213
233. Calculate user’s summed basic-meter reconciliation amount ............................... 214
234. Calculate user’s delta summed basic-meter reconciliation amount ....................... 215
235. Calculate user’s total basic-meter reconciliation amount .................................... 216
236. Calculate user’s total interval-meter reconciliation amount ................................. 216
237. Calculate user’s total basic-meter withdrawal reconciliation amount for transfers and
pipeline gate point reconciliation ................................................................. 217
238. Calculate total delta pipeline injection .............................................................. 218
239. Miscellaneous reconciliation amount ................................................................ 219
240. Calculate user’s daily unaccounted for gas reconciliation amount ........................ 219
241. User’s unaccounted for gas reconciliation amount ............................................. 221
242. Total reconciliation amount for a user .............................................................. 222
243. REMCo calculates adjustment amounts ............................................................ 222
244. REMCo notifies reconciliation and adjustment amounts ...................................... 224
245. Timing of adjustment amounts and injection of reconciliation amounts ................ 225
Part 5.8 – Deemed injections ........................................................................................ 226
246. Calculate shipper’s deemed injections .............................................................. 226
247. There is no rule 247 ...................................................................................... 227
248. Calculate user’s deemed withdrawals for a pipeline ........................................... 227
Part 5.9 – Delivery point apportionment and hourly gate point apportionment .......... 228
Division 5.9.1 – Delivery point apportionment .................................................................... 228
249. Actual allocation proportion ............................................................................ 228
250. Allocation proportions apply at delivery points .................................................. 229
Division 5.9.2 – Hourly gate point apportionment ............................................................... 229
251. User’s hourly interval-metered withdrawals ...................................................... 229
252. Hourly gate point apportionments ................................................................... 229
Part 5.10 – Calculating swing service .......................................................................... 232
253. First and second gas delivered ........................................................................ 232
254. There is no rule 254. ..................................................................................... 233
255. Pipeline operator to inform of special circumstances .......................................... 233
256. Calculate swing service on pipeline ................................................................. 233
257. There is no rule 257 ...................................................................................... 234
258. There is no rule 258 ...................................................................................... 234
259. Calculate swing base amount ......................................................................... 234
260. Determine swing errors ................................................................................. 234
261. Calculate each user’s user-specific swing error ................................................. 235
262. Calculate each user’s total (pre-procurement) swing service............................... 235
263. Calculate each user’s user-specific amount of swing service (if any) .................... 236
264. Calculate the total of all users’ user-specific amounts of swing service ................. 236
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265. Calculate total non-user-specific pre-procurement amount of swing service.......... 237
266. Calculate each user’s non-user-specific pre-procurement amount of swing service 237
Part 5.11 – Off-market swing service procurement ..................................................... 238
267. Off-market swing service procurement instruction............................................. 238
268. Swing service provider gives REMCo off-market swing service procurement
confirmation ............................................................................................. 240
269. REMCo validates users’ procurement requests and provides status report ............ 241
270. REMCo to calculate off-market swing service procurement – applied requests ...... 241
271. REMCo to calculate surplus swing service ......................................................... 242
272. Adjust non-user-specific amounts for outcomes of off-market swing service
procurement............................................................................................. 242
273. Calculate users’ total adjusted non-user-specific amounts .................................. 242
274. Adjust user-specific amounts for outcomes of off-market swing service procurement
.............................................................................................................. 243
275. Calculate users’ total adjusted user-specific amounts ........................................ 243
276. Calculate total swing service to be procured through bid-stack ........................... 244
Part 5.12 – Allocating swing service in bid stack ........................................................ 244
277. Subscription for information ........................................................................... 244
278. Users appoint REMCo as agent for entering into SSPUDs etc .............................. 245
279. Swing service providers ................................................................................. 245
280. Swing service provider of last resort ................................................................ 246
281. Swing service bids ........................................................................................ 246
282. Requirements for valid bid ............................................................................. 247
283. If bid is not valid ........................................................................................... 248
284. If bid is valid REMCo accepts it into bid stack ................................................... 248
285. REMCo bid stacks .......................................................................................... 248
286. REMCo to publish bid stack ............................................................................ 249
287. Determine marginal clearing price for total amount of swing service to be procured
through applicable bid-stack ....................................................................... 249
288. Determine marginal clearing price for adjusted non-user-specific amounts of swing
service..................................................................................................... 251
288A. TSS(BS) bids .............................................................................................. 252
289. Calculate total swing service cost (all users) ..................................................... 252
290. Calculate total non-user-specific swing service cost (all users) ............................ 253
291. Calculate total user-specific swing service cost (all users) .................................. 253
292. For each user, calculate its user-specific swing service cost ................................ 254
293. For each user, calculate its non-user-specific swing service cost ......................... 254
294. For each user, calculate its total swing service cost ........................................... 255
295. Allocation of swing service to swing service providers ........................................ 255
296. Swing service contract note ........................................................................... 257
296A. User must pay swing service provider ........................................................... 257
297. There is no rule 297 ...................................................................................... 258
298. Timing of repayment of swing service repayment amounts................................. 258
299. Calculation of swing service repayment quantities ............................................. 258
300. Notification of swing service data .................................................................... 259
Part 5.12A – Swing service causation compensation .................................................. 260
300A. Swing service causation compensation ......................................................... 260
Part 5.12B – There is no Part 5.12B ............................................................................. 264
300B. There is no rule 300B ................................................................................ 264
300C. There is no rule 300C .................................................................................. 264
300D. There is no rule 300D .................................................................................. 264
300E There is no rule 300E.................................................................................... 264
300F
There is no rule 300F ................................................................................. 264
300G There is no rule 300G .................................................................................. 264
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Part 5.13 – Data failure ................................................................................................. 264
301. Data failure .................................................................................................. 264
301A. Manifest data errors and recalculation of gas day results .................................. 264
301B. There is no rule 301B .................................................................................. 267
301C. There is no rule 301C .................................................................................. 267
Part 5.14 – Miscellaneous provisions ........................................................................... 267
302. Multi shipper allocation agreement .................................................................. 267
303. There is no rule 303 ...................................................................................... 268
304. Recovery from REMCo Failure ......................................................................... 268
305. There is no rule 305 ...................................................................................... 269
306. Maintenance and accessibility of REMCo data ................................................... 269
307. There is no rule 307 ...................................................................................... 270
308. Review of Chapter 5 ...................................................................................... 270
Chapter 6 – Compliance and Interpretation ......................................... 271
Part 6.1 – The independent compliance panel ............................................................. 271
309. REMCo to create compliance panel .................................................................. 271
310. Composition of compliance panel .................................................................... 271
311. Compliance panel member’s conflict of interest................................................. 271
312. Tenure of compliance panel members .............................................................. 273
313. Vacation of compliance panel membership ....................................................... 273
314. Removal of a compliance panel member .......................................................... 273
315. Chair vacancies ............................................................................................ 274
316. Interim members of compliance panel ............................................................. 274
317. Quorum ....................................................................................................... 274
318. Administrative assistance ............................................................................... 274
319. Minutes ....................................................................................................... 274
320. Remuneration of compliance panel members .................................................... 275
321. Limitation of liability for compliance panel members .......................................... 275
Part 6.2 – Functions and powers of compliance panel ................................................ 276
322. Independence of compliance panel .................................................................. 276
323. Functions of the compliance panel ................................................................... 276
324. Powers of compliance panel ........................................................................... 277
Part 6.3 – Matters referred to REMCo .......................................................................... 277
325. Matters referred to REMCo ............................................................................. 278
325A. Suspending the process .............................................................................. 279
326. Withdrawal of referral .................................................................................... 280
327. REMCo to give notice to participants................................................................ 280
328. REMCo to determine procedures ..................................................................... 281
328A. REMCo may investigate alleged breaches ....................................................... 281
329. Determinations which may be made ................................................................ 281
330. Notification of determinations ......................................................................... 283
331. Appeal to the compliance panel ...................................................................... 284
Part 6.4 – Referral of matters to compliance panel ..................................................... 284
332. Referral of matters to compliance panel ........................................................... 284
333. Requirements for referral ............................................................................... 284
334. Compliance panel may reject appeal ............................................................... 285
335. Withdrawal of referral to compliance panel ....................................................... 285
336. Proceedings ................................................................................................. 286
337. Parties ......................................................................................................... 286
338. Compliance panel to determine its own procedures ........................................... 287
339. Where hearings may be held .......................................................................... 287
340. Rules of evidence do not apply ....................................................................... 287
341. Determinations ............................................................................................. 288
342. Compliance panel must preserve confidentiality ................................................ 289
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343.
344.
345.
346.
347.
348.
Determinations which may be made ................................................................ 291
Power to correct a determination .................................................................... 291
No limitation on remedies .............................................................................. 292
Legal representation...................................................................................... 292
Register of determinations ............................................................................. 292
Validity of determination ................................................................................ 293
Chapter 7 – Reporting and Audits ........................................................ 294
Part 7.1 – Explicit informed consent ............................................................................ 294
349. Requirements for explicit informed consent ...................................................... 294
Part 7.2 – Audit .............................................................................................................. 294
350. Audit of explicit informed consent ................................................................... 294
351. Audit of REMCo ............................................................................................. 294
352. Audit of network operator’s metering responsibilities ......................................... 295
353. Auditor’s qualifications etc ............................................................................. 295
354. Auditor’s conflict of interest ............................................................................ 295
355. Terms of auditor’s retainer ............................................................................. 297
356. Confidentiality .............................................................................................. 297
357. Participants, REMCo, pipeline operators and prescribed persons must cooperate with
auditor .................................................................................................... 297
358. Audit report ................................................................................................. 298
359. Level of Audit ............................................................................................... 299
360. REMCo’s audit summary report ....................................................................... 299
Part 7.3 – Other provisions regarding records ............................................................. 300
361. Records needed by REMCo to meet reporting obligations ................................... 300
Part 7.4 – There is no part 7.4 ...................................................................................... 300
361A. There is no rule 361A ................................................................................ 300
Chapter 8 – Administration .................................................................. 301
Part 8.1 – Fees, charges and cost recovery ................................................................. 301
362. Fees and charges under these rules ................................................................ 301
362A. Recovery of REMCo’s costs .......................................................................... 301
Part 8.2 – Confidentiality .............................................................................................. 303
363. Confidentiality obligations .............................................................................. 303
364. Exceptions to confidentiality requirements ....................................................... 304
365. Conditions on disclosure of confidential information ........................................... 305
366. Confidentiality indemnity ............................................................................... 305
Part 8.3 – Payments to REMCo ..................................................................................... 306
367. Payment ...................................................................................................... 306
368. Financial penalties......................................................................................... 306
369. There is no rule 369. ..................................................................................... 306
370. Invoices etc ................................................................................................. 306
371. GST ............................................................................................................ 307
372. Disputed invoices .......................................................................................... 308
Part 8.4 – Small use customer and small use customer indicator determination ...... 309
373. REMCo to determine whether a consumer is a small use customer ...................... 309
373B There is no rule 373B ................................................................................... 310
Part 8.5 – Limitation of liability .................................................................................... 310
374. No liability for as-retrieved data...................................................................... 310
375. No liability for acting in reliance on data provided by others ............................... 310
376. Liability for direct damage only ....................................................................... 311
376A. Liability for indirect damage in certain circumstances only................................ 311
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376B. Fraud ........................................................................................................ 311
376C. Extended scope of this part .......................................................................... 311
376D. No third party benefit .................................................................................. 312
377. REMCo’s limitation of liability .......................................................................... 312
377A. Indemnifying REMCo ................................................................................... 312
Part 8.6 – Exiting the market ........................................................................................ 313
377B. Exiting the market ...................................................................................... 313
Chapter 9 – Rule change process ........................................................ 315
Part 9.1 – Introduction .................................................................................................. 315
378. Rule change request ...................................................................................... 315
378A. Proponent may withdraw a rule change request .............................................. 315
378B. Rule change outline ..................................................................................... 316
379. Impact and implementation report .................................................................. 316
380. Recommendation report ................................................................................ 316
381. Timing of rule change .................................................................................... 317
382. There is no rule 382 ...................................................................................... 317
Part 9.2 – Rule change .................................................................................................. 317
383. REMCo must have established rule change committee ....................................... 317
384. Composition of rule change committee ............................................................ 317
385. Tenure of rule change committee members ...................................................... 318
386. Objectives of rule change committee ............................................................... 319
387. Quorum ....................................................................................................... 319
388. Meetings ...................................................................................................... 319
389. Limitation of Liability ..................................................................................... 320
390. Indemnity .................................................................................................... 320
391. REMCo must accept or reject rule change request ............................................. 321
392. Appeal to REMCo .......................................................................................... 321
393. If rule change request is accepted ................................................................... 322
394. Initial assessment by rule change committee ................................................... 322
395. Appeal to REMCo .......................................................................................... 323
396. If the rule change committee accepts the rule change request ............................ 324
396A. Non-Substantial rule change......................................................................... 325
397. Low impact rule change ................................................................................. 325
398. High impact rule change ................................................................................ 325
399. Consideration of recommended rule change by REMCo ...................................... 327
399A. REMCo endorses low impact rule change ........................................................ 327
400. REMCo endorses high impact rule change ........................................................ 329
400A. Submission for approval .............................................................................. 332
401. Appoval ....................................................................................................... 333
402. Amendment of documents relating to the rules ................................................. 333
Chapter 10 – General provisions .......................................................... 334
403.
404.
405.
406.
407.
Other laws and instruments ........................................................................... 334
Continuing performance................................................................................. 334
Waiver......................................................................................................... 334
Remedies ..................................................................................................... 335
Severability .................................................................................................. 335
Appendix 1 – Coding of gas zones and gate points ............................. 336
Sub-appendix 1.1 – Western Australia .......................................................................... 336
1.1.1
Coding of gas zones .............................................................................................. 336
1.1.2
Coding of gate points............................................................................................ 337
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Sub-appendix 1.2 – There is no Sub-appendix 1.2 ....................................................... 339
Appendix 2 – Estimation and Verification Methodology ...................... 340
Sub-appendix 2.1 – Western Australia .......................................................................... 340
2.1.1
Verification methodology for Basic Meters ........................................................... 340
2.1.2
Verification methodology for Interval Meters ....................................................... 341
2.1.3
Estimation of Data for Basic Meters ...................................................................... 343
2.1.4
Estimation of Data for Interval Meters ................................................................. 346
2.1.5
Anticipated Annual Consumption .......................................................................... 348
Sub-appendix 2.2 – There is no Sub-appendix 2.2 ....................................................... 349
Sub-appendix 2.3 – REMCo’s Estimation Methodology for Gate Point Data, Net System
Load and Interval Meters .............................................................................................. 350
Appendix 3 – Calculation of the MIRN checksum ................................ 352
3.1.1
Calculating the MIRN checksum ........................................................................... 352
3.1.2
Worked example................................................................................................... 352
3.1.3
Samples ................................................................................................................ 354
Appendix 4 – Auditor’s deed of undertaking ........................................ 356
Appendix 5 – Calculations, Rounding and Units .................................. 364
5.1.1
Rounding .............................................................................................................. 364
5.1.2
Calculations .......................................................................................................... 364
5.1.3
Units ..................................................................................................................... 365
Appendix 6 – Requirements for explicit informed consent ................. 366
6.1.1
Requirements for explicit informed consent ......................................................... 366
6.1.2
Small use customer’s consent may be given orally ............................................... 366
6.1.3
Records of explicit informed consent .................................................................... 366
Appendix 7 – Swing Service Provision Umbrella Deed (SSPUD) .......... 367
PARTIES ........................................................................................................................ 367
BACKGROUND .............................................................................................................. 367
1.
1.1
1.2
INTERPRETATION ......................................................................................... 368
Definitions................................................................................................ 368
Interpretational Rules ................................................................................ 373
2.1
2.2
2.3
2.4
APPLICATION ................................................................................................ 374
There is no clause 2.1. ............................................................................... 374
There is no clause 2.2 ................................................................................ 374
This deed covers all sub-networks ............................................................... 374
Users to provide schedule .......................................................................... 374
3.1
3.2
3.3
3.4
THE RULES, THIS DEED AND A SWING SERVICE CONTRACT ..................... 375
Rules govern process ................................................................................. 375
References to this deed include a swing service contract ................................ 375
Changes to the rules ................................................................................. 375
Changes to this deed ................................................................................. 375
2.
3.
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4.
DURATION ..................................................................................................... 376
5.
5.1
5.2
5.3
5.4
THE USERS .................................................................................................... 376
Several liability ......................................................................................... 376
Decisions to be unanimous ......................................................................... 377
Admission of new entrants ......................................................................... 377
Exit provisions .......................................................................................... 378
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
REMCo ........................................................................................................... 378
SSP must deal only with REMCo .................................................................. 378
Market tasks............................................................................................. 378
REMCo acts as independent expert in issuing contract note ............................ 379
Limited agency ......................................................................................... 379
Limitations on REMCo’s agency ................................................................... 379
REMCo’s Liability ....................................................................................... 380
No partnership etc. ................................................................................... 380
No remuneration ....................................................................................... 380
Confidentiality .......................................................................................... 380
7.1
7.2
THE SWING SERVICE CONTRACT ................................................................ 381
Contract note creates contract .................................................................... 381
Contract note is conclusive proof................................................................. 381
8.1
8.2
8.3
8.4
8.5
INVOICING AND PAYMENT ........................................................................... 381
Invoicing frequency ................................................................................... 381
SSP to invoice user ................................................................................... 381
Payment .................................................................................................. 382
Default in payment .................................................................................... 382
Disputed invoices ...................................................................................... 382
6.
7.
8.
9.
GST ................................................................................................................ 382
10.
FORCE MAJEURE .......................................................................................... 384
11.
11.1
11.2
11.3
11.4
REPRESENTATIONS ...................................................................................... 385
Representations ........................................................................................ 385
SSP warrants that it has pipeline entitlements .............................................. 386
Application ............................................................................................... 386
If breach of SSP’s warranty causes additional swing service ........................... 386
12.
12.1
12.2
12.3
TERMINATION ............................................................................................... 387
SSP Default Termination ............................................................................ 387
SSP suspension ........................................................................................ 387
Termination Effect ..................................................................................... 387
13.
LIABILITY ...................................................................................................... 388
14.
14.1
14.2
14.3
DISPUTE RESOLUTION ................................................................................. 388
Disputes .................................................................................................. 388
Dispute Negotiation ................................................................................... 388
Continued Performance .............................................................................. 389
15.
COSTS............................................................................................................ 389
16.
DUTIES .......................................................................................................... 390
17.
17.1
ASSIGNMENT ................................................................................................ 390
SSP Assignment ........................................................................................ 390
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18.
NOTICES ........................................................................................................ 390
19.
GOVERNING LAW AND JURISDICTION......................................................... 390
20.
20.1
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
20.10
GENERAL PROVISIONS ................................................................................. 391
Contractual Relationship ............................................................................ 391
Amendments ............................................................................................ 391
Third Parties ............................................................................................. 391
Pre-Contractual Negotiation ........................................................................ 391
Further Assurance ..................................................................................... 392
Continuing Performance ............................................................................. 392
Waivers ................................................................................................... 392
Remedies ................................................................................................. 392
Severability .............................................................................................. 392
Counterparts ............................................................................................ 393
Appendix 8 – Terms and conditions for swing service provider of last
resort .................................................................................................... 394
Sub-appendix 8.1 - Insert new clauses into SSPUD ..................................................... 394
Sub-appendix 8.2 - Amend clauses of SSPUD .............................................................. 394
(1)
Pipeline capacity constraints – different force majeure clause ............................. 394
(2)
Pipeline capacity constraints – different warranty ............................................... 395
Appendix 9 – Fallback User-Shipper Agreement ................................. 396
PARTIES ........................................................................................................................ 396
BACKGROUND .............................................................................................................. 396
1.
1.1
1.2
INTERPRETATION ......................................................................................... 397
Definitions................................................................................................ 397
Interpretational Rules ................................................................................ 400
2.
THIS AGREEMENT APPLIES IN RESPECT OF ONE SUB-NETWORK............. 401
3.
THIS AGREEMENT SUBORDINATE TO OTHER CONTRACTS ....................... 402
4.
4.1
4.2
4.3
4.4
5.
THE RULES, THIS AGREEMENT AND A DEEMED CONTRACT...................... 402
Rules govern process ................................................................................. 402
References to this agreement include a deemed contract ............................... 402
Changes to the rules ................................................................................. 402
Changes to this agreement......................................................................... 403
DURATION ..................................................................................................... 403
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
REMCo ........................................................................................................... 403
REMCo acts as independent expert in issuing agreement note ........................ 403
Limited agency ......................................................................................... 403
Limitations on REMCo’s agency ................................................................... 404
REMCo’s Liability ....................................................................................... 404
No partnership etc. ................................................................................... 404
No remuneration ....................................................................................... 405
Confidentiality .......................................................................................... 405
7.1
7.2
7.3
THE DEEMED CONTRACT ............................................................................. 405
Rule 192(2) notice creates deemed contract ................................................. 405
Duration of deemed contract ...................................................................... 405
Rule 192(2) notice is conclusive proof.......................................................... 405
7.
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8.
THE CONTRACTED CHARGES....................................................................... 406
9.
9.1
9.2
9.3
9.4
9.5
INVOICING AND PAYMENT ........................................................................... 407
Invoicing frequency ................................................................................... 407
Shipper to invoice user .............................................................................. 407
Payment .................................................................................................. 407
Default in payment .................................................................................... 407
Disputed invoices ...................................................................................... 408
10.
GST ................................................................................................................ 408
11.
FORCE MAJEURE .......................................................................................... 409
12.
12.1
12.2
REPRESENTATIONS ...................................................................................... 410
Representations ........................................................................................ 410
Application ............................................................................................... 411
13.
13.1
13.2
TERMINATION ............................................................................................... 411
No Default Termination .............................................................................. 411
Termination Effect ..................................................................................... 411
14.
LIABILITY ...................................................................................................... 412
15.
15.1
15.2
15.3
DISPUTE RESOLUTION ................................................................................. 412
Disputes .................................................................................................. 412
Dispute Negotiation ................................................................................... 412
Continued Performance .............................................................................. 413
16.
COSTS............................................................................................................ 413
17.
DUTIES .......................................................................................................... 414
18.
18.1
ASSIGNMENT ................................................................................................ 414
Shipper Assignment .................................................................................. 414
19.
NOTICES ........................................................................................................ 414
20.
GOVERNING LAW AND JURISDICTION......................................................... 414
21.
21.1
21.2
21.3
21.4
21.5
21.6
21.7
21.8
21.9
GENERAL PROVISIONS ................................................................................. 415
Contractual Relationship ............................................................................ 415
Amendments ............................................................................................ 415
Third Parties ............................................................................................. 415
Pre-Contractual Negotiation ........................................................................ 415
Further Assurance ..................................................................................... 416
Continuing Performance ............................................................................. 416
Waivers ................................................................................................... 416
Remedies ................................................................................................. 416
Severability .............................................................................................. 417
Appendix 10 – Swing Service Causation Compensation Terms .......... 418
1.
1.1
1.2
INTERPRETATION ......................................................................................... 418
Definitions................................................................................................ 418
Interpretational Rules ................................................................................ 421
2.1
2.2
2.3
2.4
REMCo ........................................................................................................... 422
REMCo acts as independent expert in issuing agreement note ........................ 422
REMCo’s Liability ....................................................................................... 422
No partnership etc. ................................................................................... 423
No remuneration ....................................................................................... 423
2.
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3.
3.1
3.2
3.3
3.4
3.5
4.
GST ................................................................................................................ 424
5.
5.1
5.2
5.3
6.
INVOICING AND PAYMENT ........................................................................... 423
Invoicing frequency ................................................................................... 423
Content of invoice ..................................................................................... 423
Payment .................................................................................................. 423
Default in payment .................................................................................... 424
Disputed invoices ...................................................................................... 424
DISPUTE RESOLUTION ................................................................................. 425
Disputes .................................................................................................. 425
Dispute Negotiation ................................................................................... 426
Continued Performance .............................................................................. 427
GOVERNING LAW AND JURISDICTION......................................................... 427
Appendix 11 – There is no Appendix 11 ............................................... 428
Appendix 12 – There is no Appendix 12 ............................................... 429
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INTRODUCTION
PURPOSE
In 2003, the Western Australian Government amended the Energy
Coordination Act 1994 (WA) to implement full retail contestability in the
State’s gas retail markets.
REMCo was established by REMCo members in 2004 to develop and
operate cost efficient and effective retail market arrangements to
facilitate gas retail competition in Western Australia and South Australia.
However, on 1 October 2009, REMCo transferred responsiblitiy for
operation of the South Australian gas retail markets to the Australian
Energy Market Operator (“AEMO”).
The purpose of these rules is to govern the interactions between
participants, pipeline operators, prescribed persons and REMCo in the
Western Australian gas retail markets.
STATUS
Membership of REMCo
Where a gas network has more than one user and/or network operator,
then each network operator and user (except for self-contracting users)
participating in the gas retail market on that network must be a member
of a retail market scheme.
Each retail market scheme must have a formal entity to administer the
scheme. REMCo was established by its members as a company limited
by guarantee to be the formal entity for the REMCo retail market
scheme.
The REMCo Constitution operates as a contract between REMCo
members, andrequires the REMCo members to comply with these rules.
As a result, these rules are a contractual term of the REMCo
Constitution, so a REMCo member, or REMCo itself, may bring an action
to enforce the terms of the REMCo Constitution (including a provision of
these rules) against the other REMCo members or against REMCo itself.
Regulatory status
Under section 11ZOC of the Energy Coordination Act 1994 (WA), where
there is more than one gas distribution operator and/or retail gas
operator on the gas distribution system, each gas distribution operator
and retail gas operator must be bound by agreement to comply with the
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relevant provisions of an “approved retail market scheme” for that
distribution system.
In addition, gas transmission operators and persons prescribed under
regulations must comply with the relevant provisions of the retail market
rules made as part of an approved retail market scheme for a
distribution system.
The Western Australian Minister for Energy approved the REMCo sceme
under section 44 of the Energy Legislation Amendment Act 2003 (WA).
The REMCo scheme is defined as these Rules, the REMCo Constitution,
the REMCo Specification Pack, the FRC Hub Conditions and the
Transitional Agreement (the Transitional Agreement is no longer in
effect).
Amendments to the REMCo scheme must be submitted to the Economic
Regulation Authority for approval under section 11ZOJ of the Energy
Coordination Act 1994 (WA).
OTHER RELEVANT DOCUMENTS
These rules are one element of the retail market arrangements that
REMCo operates for the Western Australian gas markets. These rules
should be read in conjunction with:


the following documents that relate to the governance of REMCo;
the operation of the Gas Retail Market System that supports these
rules; and the manner in which participants, pipeline operators,
prescribed persons and REMCo interact in the gas markets:
o
the REMCo Constitution;
o
the REMCo Specification Pack;
o
the User Guidelines for the REMCo Specification Pack; and
o
the FRC Hub Operational Terms and Conditions; and
all applicable Western Australian laws. Whether or not a person is
required to comply with a particular law will depend on that
person’s constitution, business and activities. Each person should
obtain their own advice in relation to compliance with such laws.
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Chapter 1 – Interpretation and administration of the
rules
Part 1.1 – Commencement, definitions and interpretation
1. Commencement
These rules commenced in Western Australia on the go-live date.
2. Definitions
In these rules, unless the contrary intention appears:
“accepted part” has the meaning given to it in rule 194(2).
“Access Arrangement” means an arrangement for third party
access to, as the case may be, a network operator’s network or a
pipeline operator’s pipeline, in either case approved under the
National Gas Access (Western Australia) Law.
“accurate” includes complete, correct and current (where
applicable, subject to the time frames for updating the REMCo
registry and network operators’ databases under these rules).
“active GBO identification” means the status of a person’s GBO
identification in the REMCo registry is neither “suspended” nor
“deregistered”.
“active in the market” has the meaning given to it under rule
377B(1).
“actual allocation proportion” has the meaning given to it under
rule 249.
“actual UAFG” has the meaning given to it under rule 230(1).
“actual value” means, subject to rule 157(2), a value calculated
under rule 155, and to avoid doubt includes a deemed actual value.
{Note: Rule 157(2) permits a substituted value to be used in place of an
actual value.}
{Note: For a basic-metered delivery point, an actual value may be calculated
after undertaking either a scheduled meter reading or a special meter reading
and also for the purposes of a deemed meter reading.}
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“additional service” means an activity undertaken by REMCo
upon request from a member which is additional to an activity that
REMCo is otherwise required to perform under the rules.
“additional service charge” means a charge determined by
REMCo which recovers any costs incurred by REMCo where the total
costs were in excess of $5,000 arising from the provision of an
additional service to a member where, in REMCo’s opinion, that
additional service will provide a benefit only to that member and no
benefit will be provided to:
(i)
any other participant/s or prescribed person/s, not being any
related body corporate/s of the member; or
(ii) generally, a retail gas market.
{Note: in the RMR definition of a “prescribed person” is any shipper,
swing service provider or self-contracting user}.
“addressee” has the meaning given to it in rule 12A(1).
“adjusted non-user-specific amount” has the meaning given to
it under rule 272.
“adjusted user-specific amount” has the meaning given to it in
rule 274.
“affected gas day” means the gas day on which REMCo sends a
notice under rule 301A(3)(a)
“allocation instruction” means a notice under rule 188 from a
user to REMCo specifying how the user’s injections into a subnetwork are to be allocated between the shippers injecting gas into
the sub-network on the user’s behalf for a gas day.
“allowable period” means the period of 102 days after the
lodgement of a transfer request under rule 80.
“alternative amendment” means an amendment to a
recommended rule change under rule 399A(7), rule 400(4)(b) or
rule 400A(1)(b).
“annual adjustment date” has the meaning given to it under rule
362A(4).
“anticipated annual consumption” means the annual volume of
gas anticipated by a network operator to be withdrawn at a delivery
point, determined in accordance with section 0 of Appendix 2.
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“ANUSA bid” has the meaning given to it under rule 288.
“applied request” has the meaning given to it in rule 270.
“appointor” has the meaning given to it under rule 359(2).
“approving body” means the person to whom an endorsed rule
change must be submitted for approval under the Energy
Coordination Act 1994 (WA).
{Note: At the time version 6.0 of the rules commenced, the person to whom
an endorsed rule change must be submitted for approval was the Economic
Regulation Authority.}
“as-retrieved” means data as retrieved from field equipment by
telemetry without any examination of the data to determine the
validity or completeness of the data or whether there are any
obvious errors or omissions in the data.
“associated persons” has the meaning given to it under rule 376.
“auditor” means an auditor appointed under Part 7.2.
“AUSA bid” has the meaning given to it under rules 287 and 288.
“automated response message” means an email (“reply
email”) sent automatically, subject to rule 12A(4), upon receipt of
an email (“original email”), where the reply email is sent from an
addressee’s information system to the sender of the original email,
acknowledging that the original email has been received by the
addressee’s information system and containing:
(a) the name of the originator of the original email;
(b) at least the time, date and subject title of the original email;
{Note: The easiest means to record this information may be to include
the whole of the original email, preferably excluding attachments,
within the reply email.}
(c) the name of the addressee of the original email; and
(d) the date and time the original email was received by the
addressee’s information system (which in the absence of
evidence to the contrary is taken to be the creation date of the
reply email).
“basic meter” means a meter which is not an interval meter.
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{Note: This includes all meters which are not read daily by means of
telemetry, even if they record gas flow and other data over daily or shorter
intervals.}
“basic-metered”, in relation to a delivery point, means that gas
deliveries at the delivery point are measured by a basic meter or
basic meters.
“bid” means a bid by a swing service provider to REMCo for the
provision of swing service, and is valid if it meets the criteria set
out in rule 282.
“bid book” is lodged with REMCo under rule 281 and contains one
or more bids for the provision of swing service for the gas day to
which the bid book applies.
“bid stack” has the meaning given to it in rule 285.
“bulk REMCo standing data” has the meaning given to it in rule
23(1).
“bulk REMCo standing data request” has the meaning given to
it in rule 23(2).
“business day” means for each jurisdiction and for REMCo
operating in each jurisdiction, the business hours of a day that is
not a Saturday, Sunday or a public holiday in the relevant
jurisdiction.
“business hours” means the period between start of business and
close of business.
“cancel”, in relation to a transaction, means terminate the
transaction before completion.
“claim” includes any claim, legal action or demand.
“close of business”
jurisdiction.
means
1700
hours
in
the
relevant
“commissioned”, in relation to a MIRN, means that:
(a) the delivery point has been commissioned by the network
operator under rule 65(1) (although this does not necessarily
mean that the consumer’s installation downstream of the
meter is commissioned nor that the meter valve is turned on);
and
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(b) the delivery point is not disconnected or permanently removed
(including after the delivery point has been reconnected); and
includes:
(c) if the delivery point’s ability to flow gas has been temporarily
interrupted by a means that may be restored by the consumer,
rather than a licensed gas fitter or network operator (i.e.
where the meter valve has merely been switched off); and
{Note: The typical means used to achieve this temporary interruption
is closure of the meter valve and this may occur for non-application,
non-payment or final read/move out.}
(d) short interruptions to the delivery point’s ability to flow gas
due to network maintenance such as a meter change.
{Note: This will include instances where the meter valve was left
closed after a meter change due to a “drop on supply”, i.e. the
consumer’s installation was unable to hold pressure.}
“compensable swing quantity” has the meaning given to it in
rule 300.
“compensating person” has the meaning given to it under rule
300A(1).
“complete MIRN listing” A listing created and administered by a
network operator that comprises the MIRN, discovery address and meter
number of every MIRN that is recorded in the MIRN database of that
network operator.
“compliance panel” means the panel created under rule 309.
“confidential information” means confidential and proprietary
information of a participant, pipeline operator or prescribed person,
that:
(a) is or might reasonably be expected to be confidential in nature
or to be special, unique, proprietary or to give the person a
competitive advantage; or
(b) is disclosed in circumstances of confidentiality.
“contract note” means a notice issued by REMCo under rule 296
allocating an amount of swing service between a swing service
provider and a user.
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“corrected recalculated ratio” means the ratio calculated under
rule 176(4)(b).
“corrected volume” or “VCR” means the volume of gas corrected
to metric standard conditions and for the basic meters it is
calculated using the following formula:
VCR = VUN  pressure correction factor.
“cost” includes any cost, charge, expense, outgoing, payment or
other expenditure of any nature whatever.
“covered sub-network” – means a sub-network that is not an
uncovered sub-network.
“current user”, in relation to a delivery point, means the user who
is assigned to the delivery point in the REMCo registry.
“customer” means a person who takes or intends to take gas from
a user at a delivery point.
“daily unaccounted for gas reconciliation amount”, for a subnetwork, is a quantity of gas and is calculated under rule 240(3).
“data change notice” means a notice under rule 27(3) by the
network operator to REMCo regarding a change, or anticipated
change, to items 20(1)(f), 20(1)(g), 20(1)(h), 20(1)(k) or 20(1)(l)
of the REMCo standing data for a delivery point.
“data change transaction” means the transaction initiated by
lodgement of a data change notice.
“decommissioned”, in relation to a MIRN, means that the delivery
point has been disconnected.
“deemed actual value” means the actual value contained in a
deemed meter reading.
“deemed meter reading” is defined in rule 148.
“delisting request” means a request under rule 173(2)(b) by a
shipper or a swing service provider to REMCo to remove the
shipper’s or swing service provider’s listing from a shipper register
in respect of a user and a sub-network from a specified effective
date.
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“delivery point” means a point defined in a haulage contract as
the point on the sub-network at which a network operator delivers
gas out of the sub-network to a user.
{Note: The delivery point is normally located at:
(a)
the inlet of a gas installation at a customer’s premises; or
(b)
the outlet of a meter at a customer’s premises.
Usually, after the network operator delivers the gas to the user, the user
immediately on-delivers it to a customer.}
“delivery point identifier”, for the purposes of the REMCo
Constitution, has the same meaning as MIRN in these rules.
“delivery point transaction”, in relation to a delivery point,
means any or all of a new connection confirmation notice, a
permanent removal confirmation notice and a transfer.
“delta basic-meter withdrawal reconciliation amount” or
“BWRA”, for a user, is a quantity of gas and is calculated under
rule 237.
“delta pipeline injection” or “PI”, for a gate point, is a quantity
of gas and is calculated under rule 238(3).
“delta summed basic-meter reconciliation amount” or
“SBRA”, for a user, is a quantity of gas and is calculated under
rule 234.
“delta unaccounted for gas”, for a sub-network, is a quantity of
gas and is calculated under rule 240(2).
“deregistered”, in relation to a MIRN, means that the delivery
point has been permanently removed.
{Note: When a MIRN is deregistered, subject to Division 2.2.3, the process
is irreversible, see rule 133(2). Except if a valid error correction notice has
been accepted by REMCo under rule 35(a) in respect of an incorrect
permanent removal confirmation notice, a deregistered MIRN may never be
allocated another MIRN status, may never be transferred, and takes no part
in calculations or allocations under Chapter 5. If supply is recommenced at
the supply address, a new MIRN will be issued.}
“disconnected”, in relation to a delivery point, means that the
delivery point’s ability to flow gas has been temporarily interrupted
in such a manner that gas flow may not lawfully be restored by the
customer.
{Note: This means, for example, that either the regulator has been removed,
the meter has been temporarily removed or the meter valve has been locked
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by the network operator.
point.}
The user remains responsible for the delivery
“disconnection confirmation notice” means a notice under rule
112 from a network operator to REMCo advising REMCo that a
delivery point has been disconnected.
“disconnection notice” means a notice under rule 105(3) from a
user to a network operator requesting disconnection of a delivery
point specified in the notice.
“disconnection withdrawal notice” means a notice under rule
108(2) from a user to a network operator withdrawing an open
disconnection notice for a delivery point specified in the
disconnection withdrawal notice.
“discovery address”, in relation to a delivery point, means the
address of the premises comprising (as applicable):
(a) flat/unit type; and
{For example: “Flat”, “Unit”, “Apartment” or “Shop”.}
(b) flat/unit number; and
{For example: “18” or “3A”.}
(c) floor level type; and
{For example: “sublevel”, “basement”, “ground floor” or “floor”.}
(d) floor level number; and
{For example: “2”.}
(e) building/property name; and
{For example: “North Wing, Treasury Building” or “Brindabella”.}
(f)
location; and
{For example: “corner”, “near” or “via”.}
(g) house number; and
(h) house number suffix; and
{For example: “A”.}
(i)
lot number; and
{Note: Lot numbers are allocated to an address prior to street
numbering. }
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(j)
lot number suffix; and
{For example: “B”.}
(k) street name; and
{For example: “Rundle” or “Murray”.}
(l)
street type code; and
{For example: “St”, “Rd”, “Ave”, or “Blvd”.}
(m) street suffix; and
{For example: “N”, “S”, “E” or “W”.}
(n) suburb/place/locality; and
{For example: “Adelaide”, “Mosman Park” or “Kipparing”.}
(o) State/Territory; and
{For example: “WA”}
(p) post code.
“dispute” includes any difference, dispute, matter, question,
controversy, claim or legal action in connection with or arising out
of these rules.
“distributed actual basic-metered withdrawal” or “DABW”,
for a basic-metered delivery point, is determined under rule 232.
“distribution licence” means a licence that authorises the licence
holder:
(a) to construct a GDS and to transport gas through the GDS; or
(b) to transport gas through an existing GDS, and if required for
that purpose to make alterations to the GDS,
and to operate and maintain the GDS.
{Note:
The classification of a “distribution” licence is set out in
section 11D(1)(a) of the Energy Coordination Act 1994 (WA).}
“distribution tariff code”, for a delivery point, means a code
determined by a network operator as a reasonable and prudent
person and published in accordance with rule 6B, which provides
information concerning the applicable haulage tariff and the
existence of delivery point-specific charges under the user’s
haulage contract in respect of the delivery point.
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“dog code” refers to a list of codes contained in the “FRC B2B
Systems Interface Definitions” in the REMCo Specification Pack.
“earlier allocation instruction” means the allocation instruction
that applied at the start of a gas day, being either an allocation
instruction for the gas day or a allocation made by REMCo under
rule 192(2) for the gas day.
“earliest transfer day” means the date specified in a transfer
request as the earliest day on which the requested transfer may
take place, which for a move in, would be the date the customer is
moving into the premises.
“Economic Regulation Authority” has the same meaning as
“Authority” has under the Energy Coordination Act 1994 (WA).
{Note: At the time these rules commenced, that definition was: “… means
the Economic Regulation Authority established by the Economic Regulation
Authority Act 2002”.}
“EDD” means effective degree day.
“effective date”, as used in rule 173 and associated definitions,
has the meaning given to it by that rule.
“electronic form” means a structured electronic file that is
capable of being downloaded.
{Note: These rules do not prescribe the mode of transmission for a
communication in electronic form.
It may be delivered in any form
convenient to the sender and recipient, such as by email, CD-ROM or DVD.}
“endorsed rule change” means a high impact or low impact
recommended rule change endorsed by REMCo under rule
399(1)(a).
“energy value” means an actual value, a deemed actual value, an
estimated value or a substituted value, as applicable.
“energy value type” means one of the four types of an energy
value, namely actual value, deemed actual value, estimated value
or substituted value, as applicable.
“error correction notice” means a notice under rule 32(6) to
REMCo regarding a correction to the REMCo standing data for a
delivery point as a result of an incorrect delivery point transaction.
“error correction objection” means a notice under rule 36(2)
from a participant to REMCo objecting to an error correction
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transaction lodged in respect of an incorrect transfer, for a delivery
point specified in the notice.
“error correction objection resolution period” means (as
applicable):
(a) if an error correction objection is not lodged under rule 36(1)
 the period ending when the time allowed for lodging an error
correction objection under rule 36(1) expires; or
(b) if an error correction objection is lodged under rule 36(1) 
the period ending when the time allowed for lodging an error
correction objection withdrawal notice under rule 39(1)
expires.
“error correction objection withdrawal notice” means a notice
under rule 39(2) from a participant to REMCo withdrawing an open
error correction objection for a delivery point specified in the notice.
“error correction transaction” means the transaction initiated
by lodgement of an error correction notice.
“error correction withdrawal notice” means a notice under rule
43(3) from a current user to REMCo withdrawing an open error
correction notice lodged in respect of an incorrect transfer, for a
delivery point specified in the notice.
“estimated basic-metered withdrawal” for a basic-metered
delivery point is calculated under rule 226.
“estimated value” means a value calculated under rule 156, and
(except in rule 157), does not include an estimated value which has
been designated under rule 157 to be a substituted value.
“EUAFG” means estimate of unaccounted for gas under rule 229.
“exit the market” has the meaning given to it under rule 377B(1).
“explicit informed consent” means consent given by a customer
under rule 349.
“final check” has the meaning given to it under rule 269.
“first check” has the meaning given to it in rule 269.
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“flow profile control” in relation to a gate point means a control
system designed to control the gate point flow rate such that:

within normal equipment tolerances, the gate point flow for a
gas day follows a profile and equals the sum of all users’ user’s
pipeline nomination amounts for the gate point; and

the gate point discharge pressure is limited to the maximum
allowable operating pressure of the sub-network.
“flow ratio control” in relation to a gate point means a control
system designed to control the gate point flow rate such that:

within normal equipment tolerances, the gate point flow rate
is maintained at a pre-determined ratio to the flow rate of all
other gate points connected to the sub-network; and

the gate point discharge pressure is limited to the maximum
allowable operating pressure of the sub-network.
“flow signal” has the meaning given to it in rule 217A.
“force majeure event” in relation to any person, means any acts
beyond the reasonable control of that person which prevents,
hinders or delays that person from or in the performance of any
obligation of that person under any agreement, but excluding any
acts resulting from any action, or omission or default of that person,
or any agent of that person.
“FRC Hub” means the information system provided by REMCo for
the transmission of aseXML messages under these rules.
“FRC Hub certification criteria” means the criteria specified in
the Connectivity Testing and Technical Certification document
within the REMCo Specification Pack.
“FRC Hub certification process” means the testing process set
out in the Connectivity Testing and Technical Certification
document within the REMCo Specification Pack to ensure that a
person’s information system complies with the requirements of the
FRC Hub Operational Terms and Conditions.
“FRC Hub compliance certificate” means a certificate issued by
REMCo certifying that the person named in the certificate is entitled
to send and receive notices under these rules via the FRC Hub.
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“FRC Hub Operational Terms and Conditions” means the terms
and conditions published by the Australian Energy Market Operator
under which REMCo, each user and network operator seek
connection to and are obliged to operate under when connecting to
and issuing or receicing transactions on the FRC Hub.
“FSS” means the swing service fee calculated under rule 295(1).
“full business day” means a full 9 hour period commencing at
start of business and ending at close of business.
{Examples: If an objection must be lodged within 2 full business days after
a process time, then:
(a)
if the process time is 7.59am on Tuesday, the objection must be lodged
before 5.00pm on Wednesday; and
(b)
if the process time is 8.01am on Tuesday, the objection must be lodged
before 5.00pm on Thursday; and
(c)
if the process time is 11.00am on Friday, the objection must be lodged
before 5.00pm on Tuesday; and
(d)
if the process time is 11:00pm on Tuesday, the objection must be
lodged before 5:00pm on Thursday}
“gas day” means the 24 hour period starting at 0800 hours on a
day and ending at 0800 hours on the following day.
“gas day D” has the meaning given to it by rule 3(3).
”gas emergency” means either an emergency as defined in
Schedule 3 – Gas Supply System Emergencies – of the Energy
Coordination Act 1994, or that an operator has taken action under
clause 2 of Schedule 3 of the Energy Coordination Act 1994.
“gas installation” has the same meaning as it has under the Gas
Standards Act 197.
{Note: At the time these rules commenced, that definition was “…means any
appliance, pipes, fittings or other apparatus installed or to be installed for or
for purposes incidental to the conveyance, control, supply or use of gas”.}
“gas zone” means a part of a GDS which a network operator
identifies under rule 15 as a gas zone for contractual and
operational purposes.
{Note: In most instances, each sub-network will be a single gas zone.}
“gas zone code” means the 5-digit numeric gas code assigned to
each gas zone within a GDS under Appendix 1.
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“gate point” for a sub-network means a point (which may be the
same location as a physical gate point), which is designated as a
gate point under rule 174 for the sub-network.
{Note: A gate point is also sometimes called a “delivery point” or a “notional
gate point” by pipeline operators, and a “receipt point” by network operators.
The gate point is usually adjacent to an associated “gate station” and it is the
sum of all “physical gate points” from a pipeline on a sub-network.}
“gate point adjustment amount”, for a gate point, is a quantity
of gas and is calculated under rule 243(2).
“gate point metering data” has the meaning give to it under rule
152(1)(a).
“GBO identification” means the unique gas business operator
identifier issued by REMCo under rule 22 to REMCo and to each
person required to comply with these rules.
“GDS” means the gas distribution system being those pipelines
owned and operated by a network operator.
“go-live date” means the date on which Part 3, Division 2 of the
Energy Legislation Amendment Act 2003 came into operation. The
go live date is 14 May 2004.
{The go-live date is 14 May 2004, as Part 3, Divisions 2 of the Energy
Legislation Amendment Act 2003 was proclaimed on that on 14 May 2004 –
see the Western Australian Government Gazette No. 2004/28, dated 13 May
2004.}
“GST” has the same meaning as it has under the A New Tax
System (Goods and Services Tax) Act 1999 (Cth).
{Note: At the time these rules commenced, that definition was: “…means
tax that is payable under the GST law and imposed as goods and services tax
by any of these:
(a)
the A New Tax System (Goods and Services Tax Imposition—General)
Act 1999; or
(b)
the A New Tax System (Goods and Services Tax Imposition—Customs)
Act 1999; or
(c)
the A New Tax System (Goods and Services Tax Imposition—Excise)
Act 1999.”}
“haulage contract” means a contract between a network operator
and a user for the transportation of gas through the network
operator’s GDS and, for the purposes of rule 86(1), also means
that:
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(a) any condition precedent to the contract has been satisfied or
waived; and
(b) no notice to validly terminate the contract has been issued by
a party to the contract to the other party.
“hearing” means that part of the proceeding during which the
compliance panel receives oral submissions from parties.
“heating value” has the same meaning as “higher heating
value” has in the Gas Standards (Gas Supply and System Safety)
Regulations 2000 (WA):
{Note: heating value is also known as “higher heating value”, “gross
heating value” and “superior heating value”.}
{Note: At the time these rules commenced, that definition was:
“…means the number of megajoules liberated when one cubic metre
of gas is completely burnt in air and all the water formed by the
combustion reaction is condensed to the liquid state, under the test
conditions set down in ISO 6974 — 1984(E) for the analysis of the
natural gas, using ISO 6976 — 1995(E) for the calculations from that
analysis”.}
“heating value data” means the heating value for a gas zone for
a gas day that is calculated under rule 169.
“historical gas day i” has the meaning given to it under rule
218(3).
“historical metering data” means the metering data for every
delivery point in a network operator’s GDS retained in accordance
with rule 168.
“historical meter reading data”, in relation to a delivery point,
means the meter reading data for the delivery point retained under
rule 168.
“historical period” has the meaning given to it under rule 218(3).
“historical REMCo standing data”, in relation to a delivery point,
means the REMCo standing data for the delivery point retained by
REMCo under rule 54.
“historical REMCo standing data request” means a notice
under rule 56(4) from a user or a network operator to REMCo
requesting historical REMCo standing data for a delivery point
specified in the request.
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“historical UAFG day” has the meaning given to it in rule 230.
“hourly basic-meter withdrawals” has the meaning given to it
in rule 252.
“hourly interval-metered withdrawals” or “HIW” has the
meaning given to it in rule 251.
“hourly net system load” has the meaning given to it in rule 252.
“hourly sub-network profiled forecast”, in rule 215 (3) (c)
means the component for the hour of the sub-network profiled
forecast.
“in-progress rule change” means:
(a) a proposed rule change or recommended rule change that has
not been rejected by the rule change committee under rule
394(2) or rejected by REMCo under rule 399(1)(b); or
(b) an endorsed rule change that has not been rejected by the
approving body following its submission to that body under
rule400A(3)(b).
“immediately”, in relation to a notice, is defined in rule 11(1).
“impact and implementation report” means a report under rule
379 from REMCo to the rule change committee on a proposed rule
change.
“inaccurate” means not accurate.
“incoming user” means a user or prospective user who wishes to
withdraw gas at a delivery point where another user is the current
user.
“indemnifier” has the meaning given to it in rule 366(1).
“indemnifying party” has the meaning given to it under rule
377A(1).
“index reading” means the numerical reading of a meter index,
which represents uncorrected volume, as observed by the meter
reader when physically undertaking a meter reading.
“index type” means an indicator showing whether a meter reads
in metric or imperial units.
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{Note: For the conversion between metric and imperial, refer to rule 6.}
“indirect damage” suffered by a person means:
(a) any consequential loss or damage however caused, including
any:
(i)
loss of (or loss of anticipated) use, production, revenue,
income, profits, business and savings; or
(ii) loss or damage due to business interruption,
whether or not the consequential loss or damage was
foreseeable; and
(b) any liability of the person to any other person, or any claim,
demand, action or proceeding brought against the person by
any other person, and any costs or expenses in connection
with the claim, demand, action or proceeding.
“information system” means equipment, hardware and software
of a person required to comply with these rules which is used to
perform the person’s obligations under these rules.
“injecting” means the process of delivering gas out of a pipeline,
through a gate point and into a sub-network.
{Note: This process will usually be termed “delivery” by the pipeline
operator, and “receipt” by the network operator.}
“instantaneous flow rate” has the meaning given to it in rule
217A.
“interest rate” means Westpac Banking Corporation’s Reference
Lending Rate as published from time to time in a newspaper having
national circulation.
“interested person” means, in relation to a matter:
(a) a government representative; or
(b) Economic Regulation Authority; or
(c) any other person that (as applicable) the Economic Regulation
Authority, considers has a legitimate interest in the matter or
should be consulted in relation to the matter.
“interval meter” means a meter which:
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(a) is read by means of telemetry; and
(b) aggregates the flow of gas across time, and records that flow
for each hour.
“interval-metered”, in relation to a delivery point, means that
gas deliveries at the delivery point are measured by an interval
meter.
“invoice period” means:
(a) in relation to the service fee — the period of 12 calendar
months; and
(b) in relation to the market share charge — the period of a
calendar month.
“jurisdiction” means Western Australia .
“last date of modification”, for a delivery point, means the date
the last update to any item of REMCo standing data became
effective in the REMCo registry.
“last valid day” has the meaning given to it in rule 223.
“law” means all:
(a) written and unwritten laws of the Commonwealth, of Western
Australia and of any other State, Territory or foreign country
having jurisdiction over the subject matter of these rules; and
(b) judgments, determinations, decisions, rulings, directions,
notices, regulations, by-laws, statutory instruments, Codes of
Practice, Australian Standards or orders given or made under
any of those laws or by any government agency or authority.
“like day substitution methodology” has the meaning given to
that term in 0 of Appendix 2.
“listing request” means a request by a shipper or a swing service
provider to REMCo to list it in the shipper register in respect of a
user and a sub-network from a specified effective date.
“loan swing service” means a service whereby a swing service
provider permits a user to ‘borrow’ (or notionally withdraw) gas
from a pipeline at a gate point, on the terms of a swing service
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contract. To avoid doubt, the provision of a loan swing service by
a swing service provider involves the supply of a gas capacity
service and it does not involve the physical supply of gas.
“maintain” includes (as necessary and as applicable) calibrate,
test, verify, renew, replace or update.
“marginal clearing price for the total of all adjusted
socialised amounts of swing service” or “MCP(ANUSA)” has
the meaning given to it under rule 288.
“market responsive flow control” in relation to a gate point
means a control system designed to control the gate point flow rate
such that:

within normal equipment tolerances, by following the pipeline
profiled forecast for that gate point determined by REMCo
under rule 207; and

the gate point discharge pressure is limited to the maximum
allowable operating pressure of the sub-network.
“market responsive flow control pipeline” means a pipeline for
which it is intended that the injections of gas on a day follow a
pipeline profile forecast provided by a third party.
“market share”, with respect to a user, who is a REMCo member,
at a particular time, means the market share of the user
determined on the basis of the percentage of commissioned and
decommissioned delivery points for which the user is recorded in
the REMCo registry as the current user in Western Australia as
compared to the total number of commissioned and
decommissioned delivery points recorded in the REMCo registry for
Western Australia on the last day of each month.
“market share charge” means a variable fee set by REMCo,
having regard to the principles set out in rule 362A(1) and being
based upon market share, imposed upon each user, who is a REMCo
member.
“MCP(TSS(BS))” means the marginal clearing price for the total
amount of swing service to be procured through the applicable bid
stack.
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“meter” means a meter used to measure the amount of gas
supplied to a delivery point and includes any associated regulators,
pipes, fittings, components, equipment or instruments.
{Note: These meters are sometimes referred to as “master meters” or
“custody transfer meters”, and are not “submeters”.}
“meter number” means the unique alphanumeric identifier
assigned to a meter by the network operator or meter manufacturer
within each jurisdiction.
“meter reading” means reading a meter physically or by
telemetry.
“meter reading data” means the data actually obtained by
reading a meter physically or by telemetry, and includes:
(a) for a basic meter — the index reading; and
(b) for an interval meter — the corrected volume of gas delivered
in each hour, and such other data as is required for verification
by a network operator or provided by the meter in normal
circumstances.
{Note: The data obtained from different types of interval meter varies.}
“meter reading route” means a route specified in a meter
reading schedule.
“meter reading schedule” means a schedule provided by a
network operator to a user under rule 144(1), as amended under
rule 145.
“meter standing data”, in relation to a delivery point, means the
information set out in rule 60(1)(a) to rule 60(1)(j) for the delivery
point.
“meter type” means whether a meter is a basic meter or an
interval meter.
“metering data” means the information provided by a network
operator to a current user under rule 160, to an incoming user
under rule 161 and to REMCo under rule 162 for the applicable
meter type.
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“metering period”, in relation to a meter reading, means the
period between the current meter reading and the previous meter
reading.
{Example: For an interval meter the meter reading period will usually be 1
gas day, and for a basic meter it will usually be approximately 1 month or
approximately 3 months.}
“MIRN” means the unique 10-digit numeric meter installation
registration number that a network operator assigns to each
delivery point in its GDS.
“MIRN checksum” means the single digit numeric identifier that
is calculated under Appendix 3 for a MIRN.
“MIRN database” means a database maintained by each network
operator under rule 58 containing the MIRN standing data and
information regarding each delivery point that is located in the
network operator’s GDS.
“MIRN discovery request” means a notice under rule 74(2) from
a user to a network operator, requesting the network operator to
provide the MIRN standing data for a delivery point.
“MIRN standing data”, in relation to a delivery point, means the
information set out in rules 58(a) to 58(g) for the delivery point.
“MIRN status” means commissioned,
deregistered (as applicable).
decommissioned
or
{Note: The following table shows each MIRN status value and the
corresponding meter status:
MIRN status
Meter status
Commissioned
commissioned
and
not
disconnected
or
permanently removed (including after the
delivery point has been reconnected)
Decommissioned
disconnected (temporary)
Deregistered
permanently removed
“miscellaneous reconciliation amount” or “MRA”, for a user,
is a quantity of gas and is calculated under rule 239.
“monthly interval-meter load percentage” or “MILP” has the
meaning given to it in rule 184A.
“move in” is defined in rule 78.
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“MSD database” means a database maintained by each network
operator under rule 60 containing at least the meter standing data
for each delivery point that is located in the network operator’s
GDS.
“multi-shipper allocation agreement” has the meaning given
to it under rule 302.
“multi-shipper allocation report” has the meaning given to it in
rule 302.
“National Gas Access (Western Australia) Law” has the
meaning given to it in the National Gas Access (WA) Act 2009 as
amended from time to time.
{Note: At the date of amendment of these Rules,
“National Gas Access (Western Australia) Law” means
the Western Australian National Gas Access Law text as
applying as a law of Western Australia (section 7
National Gas Access (WA) Act 2009). The definition of
“Western Australian National Gas Access Law text” is
“the text that results from modifying the National Gas
Law, as set out in the South Australian Act Schedule for
the time being in force, to give effect to section 7A(3)
and (4) and Schedule 1” (section 7 National Gas Access
(WA) Act 2009).
The National Gas Access (WA) Act 2009 thus applies the
National Gas (South Australia) Act 2008 of South
Australia as amended from time to time with particular
amendments relevant to the Western Australian National
Gas Access Law text.}
“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 (as applicable):
(a) a user’s non-compliance with the rules set out under rule
350; or
(b) REMCo’s non-compliance with the rules set out under rule
351(1); or
(c) a network operator’s non-compliance with the rules set out
under rule 352(1).
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“network” means a distribution pipeline within the meaning of the
National Gas Access (Western Australia) Law.
“network information system” means the equipment, hardware
and software (including the network operator databases) of the
network operator used for interconnection to the REMCo
information system.
“network operator” means a person who holds a distribution
licence.
“new connection” means the connection of a new delivery point
to a sub-network.
“new connection confirmation notice” means a notice under
rule 66 from a network operator to REMCo advising REMCo that a
delivery point has been commissioned.
“nomination”, has the meaning given to that term in rule 194.
“nomination estimation methodology” has the meaning given
to that term in Sub-Appendix 2.3 of Appendix 2.
“normalisation factor” for a basic-metered delivery point is
calculated under rule 225.
“notice” means a notice given under these rules in accordance
with Part 1.3.
“open”, in relation to a transaction or a notice, means that the
transaction or notice has been lodged with REMCo or a network
operator (as applicable), but has not been cancelled or completed.
“original net system load” has the meaning given to it in rule
232(2).
“park swing service” means a service whereby a swing service
provider permits a user to ‘park’ (or notionally store) gas in a
pipeline at a gate point, on the terms of a swing service contract.
To avoid doubt, the provision of a park swing service by a swing
service provider involves the supply of a gas capacity service and
it does not involve the physical supply of gas.
“participant” means each of a user and a network operator.
“party” has the meaning given to that term in rule 337(1).
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“pending” means:
(a) in relation to an open requested transfer  that REMCo has
permitted the requested transfer under rule 98 or 100, as the
case may be, and is waiting for the network operator to provide
metering data that contains an actual value; and
(b) in relation to an open error correction transaction  that
REMCo has permitted an error correction notice in respect of
an incorrect transfer under rule 46(1).
“permanent removal” means to permanently preclude gas being
supplied at a delivery point.
{Note: An action to permanently remove a delivery point can include the
removal of the meter and the service pipe. The user ceases to be responsible
for the delivery point upon permanent removal.}
“permanent removal confirmation notice” means a notice
under rule 128 from a network operator to REMCo advising REMCo
that a delivery point has been permanently removed.
“permanent removal request” means a notice under rule 124(4)
from a user to a network operator requesting the network operator
to permanently remove a delivery point specified in the notice.
“permitted down time” has the meaning given to that term in
the FRC Hub Operational Terms and Conditions.
“physical gate point” means a point defined as such in the
relevant pipeline Access Arrangement and in any event is a point
on the pipeline at which gas is withdrawn from the pipeline for
injection into the GDS.
“physical gate point metering data” for a physical gate point
means any two of the three data set out under rule 151(1).
“pipeline” means a pipeline for the transmission of gas to a
network.
“pipeline corrected injections” has the meaning given to it
under rule 220(2).
“pipeline injections” has the meaning given to it under rule
220(1).
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“pipeline operator”, in relation to a GDS, means the operator of
a pipeline which is interconnected with the GDS.
“prescribed person” means a person who is a “prescribed person”
under section 11ZOD(1)(b) of the Energy Coordination Act 1994.
{Note: Under the Energy Coordination (Retail Market Scheme) Regulations
2004, which were gazetted in Western Australia on 28 May 2004, the persons
prescribed under section 11ZOD(1)(b) of the Energy Coordination Act 1994
are a swing service provider, a shipper and a self-contracting user.}
“pressure control” in relation to a gate point means a control
system designed to control the gate point flow rate such that the
gate point outlet pressure is maintained within normal equipment
tolerances of a set pressure.
“pressure correction factor” means a numerical factor
(reflecting pressure, temperature and elevation) which is held in
the MSD database for a meter and can be used to convert an
uncorrected volume reading from the meter into a corrected
volume at “metric standard conditions” being a pressure of 101.325
kPa and a temperature of 15 ºC.
“previous user” means a user, who was recorded in the REMCo
registry as the current user, immediately prior to the present
current user.
“prior day” has the meaning given to it under rule 218(4).
“prior day data” has the meaning given to it under rule 218(4)(a).
“proceeding” means the process followed by the compliance panel
in making a determination in relation to a referral.
“process time” means the time and date a notice lodged with
REMCo was processed by REMCo.
“procurement confirmation” has the meaning given to it in rule
268.
“procurement instruction” has the meaning given to it in rule
267(1).
“procurement request” has the meaning given to it under rule
267(3).
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“profile” means a profile provided by REMCo under rule
176(1)(a)(i) or determined by REMCo under rule 199(b).
“profiled pipeline nominations” has the meaning given in rule
199(a).
“profiled sub-network nominations” has the meaning given in
rule 199(b).
“promptly”, in relation to a notice, is defined in rule 11(2).
“proponent” means a person who lodges a rule change request
under rule 378(1).
“proposed rule change” means a proposed amendment to the
rules specified in a rule change request.
“readiness certificate” means the certificate issued by REMCo
upon a person required to comply with these rules satisfaction of
the readiness criteria.
“readiness criteria” means the criteria set out in the REMCo
specification pack.
“readiness testing process” means the testing process set out
in the readiness criteria.
“reading day number” means a number recorded in a network
operator’s meter reading schedule to denote which days during the
calendar year a meter will be read by a network operator, and the
meter reading frequency.
“reasonable and prudent person” means a person who
exercises that degree of reasonableness, diligence, prudence and
foresight that would reasonably and ordinarily be exercised by a
skilled and experienced person doing a similar thing in similar
circumstances and conditions in accordance with applicable laws
and standards that are at least equivalent to practices and
standards generally accepted in the gas industry in Australia.
“recalculated ratio” means the ratio recalculated under rule
176(4)(a).
“recipient users” has the meaning given to it under rule 300A.
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“recipient” means any or all of REMCo and each participant,
pipeline operator and prescribed person.
“recommendation report” means a report under rule 380 from
the rule change committee to REMCo.
“recommended rule change” means an amendment to the rules
that is recommended by the rule change committee under rule
396A, rule 397 or rule 398(6).
“reconnected”, in relation to a disconnected delivery point, means
that the delivery point’s ability to flow gas has been restored,
although there may be instances where the meter valve is left
closed.
{Note: The meter valve may be left closed due to a “drop on supply”, i.e.
the consumer’s installation was unable to hold pressure.}
“reconnection notice” means a notice under rule 117(3) from a
user to a network operator requesting reconnection of a delivery
point specified in the notice.
“reconnection confirmation notice” means a notice under rule
120 from a network operator to REMCo advising REMCo that a
delivery point has been reconnected.
“referral” means a matter referred to the compliance panel under
rule rule 329(1)(a)(ii) or rule 329(1)(b)(iii) or rule 331(2).
“registration fee” means, subject to rule 362A, a fixed charge not
exceeding $10,000, imposed upon each REMCo member for
becoming a member of REMCo.
“related body corporate” has the same meaning as it has under
section 50 of the Corporations Act 2001 (Cth).
{Note: At the time these rules commenced, that definition was “Where a
body corporate is:
(a)
a holding company of another body corporate;
(b)
a subsidiary of another body corporate; or
(c)
a subsidiary of a holding company of another body corporate;
the first mentioned body and the other body are related to each other.”}
“related shipper” in relation to a user for a sub-network, means
a shipper that, from time to time, injects gas into the sub-network
on behalf of the user.
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“REMCo” means the Retail Energy Market Company Limited (ACN
103 318 556).
“REMCo Constitution” means the constitution governing REMCo.
“REMCo information system” means REMCo’s equipment,
hardware and software (including the REMCo registry) of REMCo
used to perform its obligations under these rules.
“REMCo member” means a person for the time admitted to
membership of REMCo under the REMCo Constitution.
“REMCo registry” means the database maintained by REMCo
under rule 19(1), containing at least the REMCo standing data and
the information referred to in rule 22(4).
{Note:
The information referred to in rule 22(1) relates to GBO
identifications.}
“REMCo Specification Pack” means the suite of documents, as
approved by REMCo, to support the operation of these rules.
“REMCo standing data”, in relation to a delivery point, means
the information set out in rule 20(1) for the delivery point.
“removal request” means a notice by a pipeline operator to
REMCo requesting REMCo to remove the swing service provider or
shipper from the shipper register.
“renomination has the meaning given to that term in rule 194.
“repay” in relation to swing service means:
(a) for loan swing service – to cause the gas which was notionally
borrowed from a pipeline under the loan swing service to be
repaid; and
(b) for park swing service – to cause the gas which was notionally
stored in the pipeline under the park swing service to be
retrieved.
To avoid doubt, the repayment of swing service does not involve
the physical supply of gas.
“requested transfer” means a transfer requested for a delivery
point by the lodgement of a transfer request.
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“revised allocation instruction” means an instruction from a
user that:
(a) specifies how the user’s gas injections into a sub-network are
to be allocated between shippers injecting gas into the subnetwork on the user’s behalf for a gas day; and
(b) is provided by a user in substitution for:
(i)
an allocation instruction for the gas day; or
(ii) an allocation made by REMCo under rule 192(2) for the
gas day.
“revised estimate of unaccounted for gas” is calculated under
rule 223(2)(b).
“revised net system load” has the meaning given to it in rule
232(2).
“revised user’s unaccounted for gas” means the amount
calculated under rule 223.
“ROLR”, in relation to a delivery point, means the supplier of last
resort as defined in the Energy Coordination Act 1994 (WA).
“ROLR administrator” means the Economic Regulation Authority.
“ROLR event user” means the User specified on the notice
received by REMCo under rule 104(4) from the ROLR administrator
in which the ROLR administerator specifies the ROLR event user.
“ROLR fee” means the last resort supply fee specified in the last
resort supply plan.
“ROLR scheme” means:
(a)
for the initial retailer of last resort, the supplier of last resort
designated by the Economic Regulation Authority, and the
last resort supply plan approved by the Economic Regulation
Authority under section 60 of the Energy Legislation
Amendment Act 2003 (WA); and
(b) for subsequent retailers of last resort, the supplier of last
resort designated by the Economic Regulation Authority, and
the last resort supply plan approved by the Economic
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Regulation Authority under section 11ZAG of the Energy
Coordination Act 1994 (WA).
“ROLR transfer day” means the gas day which commences at the
ROLR transfer time.
“ROLR transfer time” means the time (which must be the start
of a gas day) on which delivery points are transferred under rule
104 from the ROLR event user to the ROLR.
“rule 192(2) notice” has the meaning given to it in rule 192(2).
“rule change committee” means the committee established
under rule 383.
“rule change outline” means a report under rule 378B.
“rule change request” means a notice under rule 378(2) from a
participant, pipeline operator, prescribed person or interested
person to REMCo requesting amendment to a rule specified in the
request.
“rule change withdrawal request” means a notice under rule
378A(2) requesting the withdrawal of a rule change request from
the rule change process in Chapter 9.
“SBRA” has the meaning given to it in Rule 233.
“scheduled meter reading” means a meter reading of a delivery
point that is scheduled to occur under the network operator’s meter
reading schedule.
“secondary recipient” means a person to whom a recipient
discloses information.
“self-contracting user” means a user that withdraws gas from a
sub-network for the sole purpose of supply to a customer that is
either itself or a related body corporate.
“service fee” means, subject to rule 362A, the fixed charge not
exceeding $15,000 per annum, for the ongoing operating costs of
REMCo imposed upon each REMCo member.
“service order reference” means the unique identifier used to
identify a user’s service order as either:
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(a) specified by a user under rule 105(3)(b)(i), 117(3)(b) or
125(4)(b); or
(b) assigned by REMCo under rule 81(5).
“shipper” means a person that has a gas transportation
agreement with a pipeline operator for the delivery of gas at a gate
point to a user, and is not acting in its capacity as a swing service
provider if it is also a swing service provider.
{Note: A person who is both a shipper and a swing service provider will have
separate GBO identifications for each role}
“shipper’s amount” has the meaning given to it under rule 249.
“shipper register” means the register of shippers and swing
service providers established under rule 173.
“shipper’s deemed injection” is calculated under rule 246.
“small use customer”, has the meaning given to it under section
3 of the Energy Coordination Act 1994.
{Note: At the time these rules commenced, that definition was
“…means a customer whose consumption of gas is less than 1 terajoule
per year”.}
“special meter reading” means a meter reading undertaken
other than under a meter reading schedule.
“specified price index” means the Consumer Price Index (All
Groups, Eight Capital City) published by the Australian Bureau of
Statistics or if that index is updated, that updated index converted
by appropriate arithmetical adjustment to correspond to the
previous reference base.
“SSP” means a swing service provider.
“SSPOLR” means a swing service provider of last resort.
“SSPOLR price” for a SSPOLR for a pipeline for a sub-network for
a gas day for park swing service or loan swing service, as
applicable, is the price specified for the swing service in the
applicable SSPUD.
“SSPOLRUD” means the Swing Service Provider of Last Resort
Umbrella Deed between REMCo and a SSPOLR for a sub-network
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on the terms and conditions set out in Appendix 8 or agreed
between REMCo and a SSPOLR for a sub-network.
“SSPUD” means the Swing Service Provision Umbrella Deed
between REMCo and an SSP on the terms and conditions set out in
Appendix 7.
“standing nomination” has the meaning given to it in rule 195.
“standing SSPOLR bid” means the bid deemed by rule 285(2) to
have been lodged by a SSPOLR.
“start of business” means 0800 hours in the relevant jurisdiction.
“State” means the State of Western Australia.
“status report” has the meaning given to it in rule 269(2).
“street/suburb combination” means a combination of a:
(a) street name; and
{For example: “Rundle” or “Murray”.)
(b) street type code; and
{For example: “St”, “Rd”, “Ave”, or “Blvd”.)
(c) street suffix; and
{For example: “N”, “S”, “E” or “W”.)
(d) the suburb, place or locality in which the street is located; and
{For example: “Adelaide”, “Mosman Park” or “Kippa-ring”.)
(e) State/Territory;
{For example: “WA”.)
(f)
post code;
(g) sub-network; and
{For example: “Metro North” or “Metro South”.)
(h) gas zone code.
{For example: “1106” or “1107”.)
“street/suburb table” means a table of street/suburb
combinations extracted from a MIRN database under rule 59.
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“sub-network” means:
(a) a part of a GDS which a network operator identifies under rule
15 as a sub-network for contractual and operational purposes
and which is listed in Appendix 1; or
“subscriber” means a person designated as such under rule 277.
“substituted value” means a value designated as such under rule
157.
“summed basic-meter reconciliation amount”, for a user, is a
quantity of gas and is calculated under rule 233.
“surplus” has the meaning given to it under rule 271.
“swing base amount” has the meaning given to it in rule 259.
“swing error” or “SE” has the meaning given to it under rule
260(1).
“swing service” in a pipeline for a sub-network for a gas day,
means park swing service or loan swing service and is calculated
under Part 5.10.
{Note: Swing service can be referred to as the pipeline or a swing service
provider providing a “park” or “loan” service for the amount of swing
service, but the use of these terms does not require or suggest that the swing
service is covered by the pipeline’s formal Park and Loan services.}
“swing service amount” or “SSA” has the meaning given to it in
rule 295(2).
“swing service causation compensation payment” has the
meaning given to it in rule 300.
“swing service contract” means a contract between a swing
service provider and a user which arises under a SSPUD when
REMCo issues a contract note under rule 296.
“swing service fee” or “FSS” has the meaning given to it in rule
295(1).
“swing service provider” means, for a gate point, a person who
has a GBO identification as a swing service provider and either:
(a) has a transmission contract in the pipeline; or
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(b) has an agreement with a pipeline operator for the provision of
either or both of park swing service and loan swing service in
the pipeline at the gate point.
“swing service provider of last resort umbrella deed” or
“SSPOLRUD” has the meaning given to it under rule 280(1).
“swing service provision umbrella deed” or “SSPUD” has the
meaning given to it under rule 279.
“swing service repayment quantity” or “SRQ” has the meaning
given to it under rule 299.
“system down time” has the meaning given to it in rule 304.
“TANUSA” means the total of all users’ adjusted non-user-specific
amounts for the pipeline for the gas day under rule 273.
“telemetry” means the communication equipment used for
transmission of data collected from meters to a network operator's
central data management system and typically encompasses
modems, telecom landline (which may be dedicated or part of the
PSTN network) or radio transceivers (which may be in the form of
a dedicated radio network, GSM, GPRS or satellite telephony).
“total basic-meter reconciliation amount” or “TBRA”, for a
user, is a quantity of gas and is calculated under rule 235.
“total basic-meter withdrawal reconciliation amount” or
“TBWRA”, for a user, is a quantity of gas and is calculated under
rule 237.
“total corrected injections” for a sub-network is calculated
under rule 221.
“total delta basic-meter reconciliation amount”, for a user, is
a quantity of gas and is calculated under rule 240(1).
“total delta pipeline injection” or “TPI”, for a gate point, is a
quantity of gas and is calculated under rule 238(4).
“total interval-meter reconciliation amount” or “TIRA”, for a
user, is a quantity of gas and is calculated under rule 236.
“total non-user-specific swing service cost” has the meaning
given to it under rule 290.
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“total (pre-procurement) swing service” has the meaning
given to it under rule 262.
“total reconciliation amount”, for a user, is a quantity of gas
and is calculated under rule 242.
“total swing service cost” is calculated under rule 289.
“total user-specific swing service cost” is calculated under rule
291.
“transaction” means the process initiated by the lodgement of a
notice with REMCo under these rules, which if completed, will result
in an amendment to the REMCo standing data.
“transfer” means the transfer under these rules of the
responsibility for gas delivery to a delivery point from the current
user to an incoming user.
{Note: For the purposes of these rules a transfer is effected by recording the
incoming user as the current user in the REMCo registry  see rule 52(a).
From a customer’s perspective, the effect of such a transfer will be to transfer
the customer from the current user to the incoming user.}
“transfer confirmation” means a notice under rule 102 that the
transfer of the delivery point specified in the notice has occurred.
“transfer day” means the gas day commencing at the transfer
time.
“transfer objection” means (as applicable) a notice under rule
86(2) from a network operator or under rule 87(3) from a ROLR
objecting to a requested transfer.
“transfer objection resolution period” means (as applicable):
(a) if a transfer objection has been lodged under rule 86(1) or rule
87(2)  the period ending when the time allowed for lodging
a transfer objection withdrawal notice under rule 91(1)
expires; or
(b) if a transfer objection has not been lodged under rule 86(1) or
rule 87(2)  the period ending when the time allowed for
lodging a transfer objection under rule 86(1) or rule 87(2) (as
applicable) expires.
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“transfer objection withdrawal notice” means a notice under
rule 91(2) from a participant to REMCo withdrawing an open
transfer objection for a delivery point specified in the notice.
“transfer request” means a notice under rule 81(1) from an
incoming user to REMCo requesting REMCo to transfer gas
deliveries at a delivery point specified in the request to the incoming
user.
“transfer time” means the start of the gas day:
(a) during which a meter reading that generates an actual value
for a basic-metered delivery point for which a transfer is
pending, was undertaken; or
(b) that an incoming user has specified as the earliest transfer day
for an interval-metered delivery point.
“transfer withdrawal notice” means a notice under rule 95(4)
from an incoming user to REMCo withdrawing an open transfer
request for a delivery point specified in the notice.
“transferring customer” means the customer located at the
delivery point specified in a transfer request.
“transmission contract” means a contract between a pipeline
operator and shipper for the transmission of gas through a pipeline.
“TSS(BS)” means the total amount of swing service to be procured
through the applicable bid stack for the pipeline for the gas day,
calculated under rule 276.
“TSS(BS) bid” has the meaning given to it under rule 288A.
“uncovered sub-network” means a sub-network which is not:
(a) a “covered pipeline” as defined in the National Gas Access
(Western Australia) Law; or
(b) subject to any other third party access regime under a law or
under an instrument having effect under a law.
“user” means an entity that has a haulage contract for the
transport of gas through a sub-network under these rules.
“user’s amount” has the meaning given to it in rule 196.
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“user-specific swing error” has the meaning given to it in rule
261.
“user’s basic-metered withdrawals” has the meaning given to
it under rule 230.
“user’s deemed withdrawals” or “UDW” for a user for a pipeline
for a sub-network for a gas day is calculated under rule 248.
“user’s estimated basic-metered withdrawals” or “UEBW” is
calculated under rule 227.
“user’s estimated total withdrawals” for a user for a subnetwork for a gas day is calculated under rule 228.
“user’s gas injections” has the meaning as given to it in rule 187.
“user’s interval-metered withdrawals” or “UIW” is calculated
under rule 222.
“user’s pipeline nomination amount” for a user for a pipeline
for a sub-network for a gas day is calculated under rule 197.
“user’s (pre-procurement) socialised swing service” has the
meaning given to it in rule 266.
“user’s reconciliation adjustment amount”, for a user, is a
quantity of gas and is calculated under rule 243(1).
“user’s required withdrawals” means for a user for a gas day
the sum of:

UEBW;

UIW;

UUAFG; and

URAA
less any part of the URAA that relates to a gate point adjustment
amount.
“user’s total nomination amount” for a user for a pipeline for a
sub-network for a gas day is calculated under rule 198.
“user’s total (pre-procurement) swing service” has the
meaning given to it in rule 262.
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“user’s unaccounted for gas reconciliation amount” or
“UUAFGRA”, for a user, is a quantity of gas and is calculated under
rule 241.
“user’s unaccounted for gas reconciliation adjustment
amount”, for a user for a sub-network for a gas day, is calculated
under Rule 243(3).
“UUAFG” is defined in rule 229(2).
“validated procurement request” has the meaning given to it in
rule 269.
“verification” means the process undertaken by a network
operator in accordance with the verification guidelines contained in
sections 0 and 0 of Appendix 2, to ensure the accuracy of the
metering data.
3. Interpretation
(1)
In these rules, unless the contrary intention appears:
(a)
a reference to:
(i)
one gender includes any other gender; and
(ii)
the singular includes the plural and the plural includes
the singular; and
(iii)
an officer or body of persons includes any other officer
or body for the time being exercising the powers or
performing the functions of that officer or body; and
(iv)
these rules or any other instrument includes any
variation or replacement of any of them; and
(v)
a reference to a law includes any amendment or reenactment of it that is for the time being in force, and
includes all laws made under it from time to time; and
(vi)
any statute includes that statute as amended or reenacted from time to time and any statute enacted in
replacement of it; and
(vii) “writing” or “written” includes communication by
facsimile and any other electronic means or format in
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accordance with these
Specification Pack; and
rules
and
the
REMCo
(viii) “under” includes “by”, “by virtue of”, “pursuant to”
and “in accordance with”; and
(ix)
“day” means a calendar day; and
(x)
a quantity of gas is to an energy quantity (expressed
in whole MJ), rather than a volumetric or other
quantity; and
(xi)
“person” includes a public body, company, or
association or body of persons, corporate or
unincorporated; and
(xii) a person includes a reference to the person's personal
representatives,
executors,
administrators,
successors and permitted assigns; and
(b)
all monetary amounts are in Australian dollars and are
exclusive of GST; and
(c)
headings are for convenience only and do not affect the
interpretation, or form part of, these rules; and
(d)
“copy” includes a facsimile copy, photocopy or electronic
copy; and
(e)
“including” and similar expressions are not words of
limitation; and
(f)
where a word or expression is given a particular meaning,
other parts of speech and grammatical forms of that words
or expression have a corresponding meaning; and
(g)
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 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; and
(h)
where information in these rules is set out in braces (namely
“{” and “}”), whether or not preceded by the expression
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“Note”, “Outline” or “Example”, the information, and the
information contained in the Introduction to these rules:
(2)
(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.
In these rules:
(a)
a reference to a meter reading “of a delivery point” is a
reference to a meter reading of the meter at the delivery
point;
(b)
a reference to the current user “for” a delivery point is a
reference to the user who is recorded in the REMCo registry
as the user responsible for gas delivery to the delivery point
and
(c)
a reference to the network operator “for” a delivery point is
a reference to the network operator of the sub-network in
which the delivery point is located;
(d)
when discussing a delivery point, a reference to a MIRN is a
reference to the MIRN for the delivery point;
(e)
when discussing a MIRN, a reference to a delivery point is a
reference to the delivery point identified by the MIRN;
(f)
when discussing a delivery point or a MIRN, a reference:
(i)
to “the user” or “the current user” is a reference to the
current user for the delivery point; and
(ii)
to “the incoming user” is a reference to the incoming
user for the delivery point; and
(iii)
to “the meter” is a reference to the meter which
measures gas withdrawals at the delivery point; and
(iv)
to “the sub-network” is a reference to the sub-network
in which the delivery point is located; and
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(v)
to “the network operator” is a reference to the network
operator for the sub-network in which the delivery
point is located; and
(vi)
to “the MIRN status” is a reference to the delivery
point’s MIRN status; and
(vii) to “the previous user” is a reference to the user that
was the current user for the delivery point before a
transfer; and
(g)
when discussing a notice, a reference:
(i)
to “the user” is a reference to the current user for
the delivery point or MIRN specified in the notice;
and
(ii)
to “the delivery point” is a reference to the delivery
point identified by the MIRN specified in the notice;
and
(iii)
to “the MIRN” is a reference to the MIRN identifying
the delivery point to which the notice relates; and
(iv)
to “the current user” is a reference to the current
user for the delivery point or MIRN specified in the
notice; and
(v)
to “the network operator” is a reference to the network
operator for the delivery point or MIRN specified in the
notice is located; and
(vi)
to “the discovery address” is to the discovery address
specified in the notice; and
(vii) to “the customer” is to the customer located at the
delivery point identified by the MIRN specified in the
notice;
(viii) to the “previous user” is to the user who was the
current user for the delivery point identified by the
MIRN specified in the notice before a transfer takes
effect for the delivery point; and
(h)
when discussing a gate point, a reference to:
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(i)
(3)
(i)
the pipeline for the gate point is reference to the
pipeline that interconnects with a sub-network at the
gate point; and
(ii)
the pipeline operator for the gate point is a reference
to the pipeline operator of the pipeline that
interconnects with a sub-network at the gate point;
and
(iii)
the sub-network for the gate point is a reference to
the sub-network that interconnects with a pipeline at
the gate point; and
(iv)
the network operator for the gate point is a reference
to the network operator for the sub-network that
interconnects with a pipeline at the gate point; and
(v)
a user for the gate point is a reference to a user for
the sub-network that interconnects with a pipeline at
the gate point; and
(vi)
a related shipper for the gate point is a reference to a
shipper on the pipeline that interconnects with a subnetwork at the gate point that, from time to time
injects gas into the sub-network on behalf of a user
for the sub-network; and
when discussing a sub-network, a reference to a user for the
sub-network is a reference to:
(i)
each user that is the current user for at least one
delivery point in the sub-network; or
(ii)
each user that was previously, but is no longer, the
current user for at least one delivery point in the subnetwork, until such time as REMCo records a user’s
GBO identification as “deregistered” in the REMCo
registry under rule 22(10).
In these rules, a reference to “gas day D” is a reference to
whichever gas day is designated by the rule as such, and
references to “gas day D-1” and “gas day D+1” are,
respectively, references to the gas day before gas day D and the
gas day after gas day D, respectively, and so on.
{Example: In rule 236, if Wednesday is designated gas day D, a reference
to gas day D-1 in rule 236 is a reference to Tuesday.}
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4. Delegation
REMCo may delegate any one or more of the powers and functions
conferred on it by these rules to one or more committees
consisting of any number of either or both of REMCo directors and
other persons, as REMCo thinks fit.
5. Meter readings deemed to occur at the start of the gas day
A meter reading of a delivery point taken at any time in a gas day
is deemed to be a meter reading of the delivery point at the start
of the gas day.
6. Calculations, rounding and measurements
(1)
For the purposes of these rules, one hundred cubic feet equals
2.832 cubic metres.
(2)
REMCo and each participant, pipeline operator and prescribed
person must comply with Appendix 5 in respect of calculations,
rounding and units under these rules.
6A. Time under these rules
(1)
REMCo must operate the REMCo information system and date and
time stamp transactions under these rules, including the process
time, on the basis of market standard time, which is Greenwich
Mean Time plus 10 hours.
(2)
A reference in these rules:
(a)
as to “gas day”:
(i)
a reference in these rules to a day or date is a
reference to the gas day commencing on the day or
date referred to, and ending on the following day or
date; and
(ii)
references to months, quarters and years are to be
given a corresponding meaning; and
(iii)
in reckoning periods of months, quarters and years,
the 8 hour offset between months, quarters and years
reckoned under rule 6A(2)(a)(ii) and calendar months,
quarters and years, is to be disregarded; and
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(b)
to “0000 hours” on a day is to midnight at the start of the
day in the relevant jurisdiction; and
(c)
to “2400 hours” on a day is to midnight at the end of the
day in the relevant jurisdiction; and
(d)
to a time (including start of business or close of business)
under these rules, is a reference to the local time or business
day, being Western Standard Time (being Greenwich Mean
Time plus 8 hours).
6B. Distribution tariff codes
A network operator must publish, including any amendments, and
provide on request, the distribution tariff codes applying in each of
the network operator’s sub-networks.
Part 1.2 – Compliance with obligations under these rules
7. Obligation to act as a reasonable and prudent person
(1)
Subject to rule 7(2), each of REMCo, a participant, a pipeline
operator and a prescribed person is excused from the performance
of, and is not liable for any failure in, carrying out any of its
obligations under these rules, if it is prevented from doing so by
any event or circumstance not within its reasonable control acting
as a reasonable and prudent person and which it acting as a
reasonable and prudent person is not able to prevent or overcome.
(2)
If a person under these rules claims the benefit of rule 7(1), it
must:
(3)
(a)
use its reasonable endeavours to remedy the consequences
of the event or circumstance without delay; and
(b)
endeavour as a reasonable and prudent person to resume
compliance with its obligations under these rules as soon as
reasonably practicable.
Without limiting rule 7(2)(b), upon the event or circumstance that
prevented the person from carrying out its obligations under these
rules ceasing, the person who claimed the benefit under rule 7(1)
must provide all data, lodge all notices or take all other actions
necessary to comply with their obligations, which they were
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prevented from doing previously due to the event or circumstance
having occurred.
Part 1.3 – Notices
8. Requirements of effective notices and nominated contact details
(1)
Subject to this Part 1.3, a notice or other communication
connected with these rules has no legal effect unless it is in writing
and either sent in the format required under rule 9, or if no format
is specified, given as follows:
(a)
sent by electronic mail transmission or any other method of
electronic communication to the appropriate nominated
electronic address of the addressee; or
(b)
sent by facsimile to the nominated facsimile number of the
addressee; or
(c)
delivered by hand to the nominated office of the addressee;
or
(d)
sent by post to the nominated postal address of the
addressee.
(2)
Each person required to have a GBO identification under rule
22(2), must prior to being issued a GBO identification under rule
22(2)(b) provide REMCo with their nominated contact details for
at least the type of address and contact details referred to in rule
8(1) (or such address and contact details as REMCo may request
from time to time), and keep REMCo and all other persons with a
GBO identification under these rules, informed of any changes to
these details as may occur from time to time.
(3)
REMCo may, by notice to each person who is required under rule
22(2) to have a GBO identification, nominate more than one
electronic address for the purposes of electronic communications
to REMCo under rule 8(1)(a).
(4)
A person who is required to have a GBO identification under rule
22(2) (other than REMCo) may, by notice to REMCo:
(a)
for the purposes of electronic communications under rule
8(1)(a) from REMCo to the person – request REMCo to
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consent to the person nominating more than one electronic
address, and REMCo must within 2 business days notify the
person that it consents to such a request unless there are
reasonable grounds for REMCo withholding consent; and
(b)
(5)
for any other electronic communications under rule 8(1)(a)
– nominate more than one electronic address.
A notice under rule 8(3) or 8(4) must:
(a)
clearly state each electronic address and the electronic
communications for which each electronic address must be
used; and
(b)
specify a date from which the electronic addresses must be
used for electronic communications, which must not be less
than 12 business days from the date that the notice is given.
(6)
IF a notice under rule 8(3) or 8(4) is given by a person other than
REMCo, REMCo must notify each person who is required under rule
22(2) to have a GBO identification of the contents of the notice
within 2 business days of receiving the notice, and if rule 8(4)(a)
applies, whether REMCo consents to the person’s nomination.
(7)
In an emergency, or other situation where a reasonable and
prudent person would consider itself justified in departing from
the requirements of rule 8(1), a person may give a notice other
than in accordance with rule 8(1), but if so the person must, as
soon as practicable, confirm the notice in writing and by a method
prescribed by rules 8(1)(a) to 8(1)(d).
9. Format of notices
Notices given under these rules are to be in accordance with the
format specified in the “FRC B2B System Interface Definitions” and
the “Interface Control Document” (as applicable) as contained in
the REMCo Specification Pack.
10. There is no rule 10
11. Delivery times for notices
(1)
If a person (“sender”) is required under these rules to give a
notice “immediately” in:
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(2)
(a)
aseXML format — then subject to rule 11(3), the sender
must ensure that the notice is despatched from the sender’s
gateway within a time consistent with a “medium priority
transaction” as defined in section 2.5.5 of the “FRC B2MB2B Hub System Specifications” in the REMCo Specification
Pack; or
(b)
any other format — the sender must ensure that the notice
is delivered to the recipient within 4.5 hours.
If a sender is required under these rules to give a notice
“promptly” in:
(a)
aseXML format — then subject to rule 11(3) it must ensure
that the notice is despatched from the sender’s gateway
within a time consistent with a “low priority transaction” as
that term is defined in section 2.5.5 of the “FRC B2M-B2B
Hub System Specifications” in the REMCo Specification Pack;
or
(b)
any other format — the sender must ensure that the notice
is delivered to the recipient by close of business on the next
business day.
(3)
A sender’s obligations under rules 11(1)(a) and 11(2)(a) do not
apply during permitted down time.
(4)
During the 12 months after the go-live date (“initial period”),
REMCo may from time to time in its discretion, after consulting
with each sender, specify one or more longer time periods under
rule 11(1) or 11(2), but no longer time period specified under this
rule 11(4) applies after the end of the initial period.
12. Notices by facsimile, hand delivery or post
(1)
Any notice given in accordance with rules 8(1)(b) to 8(1)(d) will
be deemed to have been received:
(a)
subject to rule 12(2), if transmitted by facsimile or delivered
by hand before close of business on a business day, at the
time of transmission or on the day of delivery (as
applicable), or otherwise, at start of business on the next
business day; or
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(b)
(2)
if sent by mail within Australia, on the second business day
after posting (being, in each case, the time of day at the
intended place of receipt of the notice).
A facsimile is not deemed given and received unless:
(a)
at the conclusion of the transmission the sender's facsimile
machine issues a transmission report which indicates that
the relevant number of pages comprised in the notice have
been sent; and
(b)
if it is not received in full and in legible form — the addressee
notifies the sender of that fact within 3 hours after
conclusion of the transmission or by 12 noon on the business
day on which it would otherwise be deemed given and
received, whichever is the later.
12A. Notices by email
(1)
A notice sent by email is neither given nor received under these
rules until the person sending the email (“sender”) receives an
automated response message for the email from the person to
whom the email was addressed (“addressee”).
(3)
It is the sender’s responsibility for each attempted email to:
(4)
(5)
(a)
verify that it receives an automated response message; and
(b)
if it does not receive an automated response message,
arrange either for retransmission of the email, or for
communication of the information contained in the email by
an alternative medium.
For the purposes of these rules, unless the addressee proves
otherwise, an email is deemed to have been given by the sender
and received by the addressee if:
(a)
an automated response message for the email is received
by the addressee before close of business, at the date and
time shown in the automated response message; or
(b)
otherwise, at start of business on the next business day.
For the purposes of these rules an automated response message:
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(a)
is not an email that requires receipt of a further automated
response message in order for the automated response
message to have been validly sent and received; and
(b)
should not be generated in response to other automated
response messages.
13. REMCo may lodge and accept notices on behalf of a self-contracting user
(1)
(2)
A self-contracting user may request REMCo, or REMCo’s nominee,
to:
(a)
lodge a transfer request on its behalf in order for the selfcontracting user to transfer to itself; and
(b)
accept notices that are required to be in aseXML format
under these rules on behalf of the self-contracting user in
relation to the transfer request referred to in rule 13(1)(a).
Upon receiving a request under rule 13(1), REMCo, or REMCo’s
nominee, must lodge a transfer request and accept notices in
aseXML format on behalf of a self-contracting user on such terms
and conditions as REMCo determines.
Part 1.4 – These rules and other instruments
14. Other instruments
(1)
(2)
Each person required to comply with these rules, must also comply
with the following documents (as applicable):
(a)
the REMCo Specification Pack, but not the portions of the
REMCo Specification Pack that apply only in South Australia;
and
(b)
FRC Hub Operational Terms and Conditions.
For the avoidance of doubt, Chapter 9 and the rule change
procedure under these rules do apply to any amendment made to
the documents listed in rule 14(1)(a), but not to the document
listed in 14(1)(b) or to the portions of the REMCo Specification
Pack that apply only in South Australia.
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(3)
In the event of any inconsistency between the provisions of these
rules and either of the documents listed in rule 14(1), the
inconsistency is to be resolved by giving precedence to these rules
and then each of the other documents shall be read in the order
of precedence as listed in rule 14(1).
(4)
REMCo must publish the REMCo Specification Pack, as amended
from time to time.
14A. REMCo Specification Pack
(1)
All communications must comply with the requirements of, and be
submitted in the form and manner, and by the time, specified in
the REMCo Specification Pack for the relevant type of
communication, unless:
(a)
expressly stated in these rules; or
(b)
permitted by REMCo with regard to a self-contracting
user.
(2)
REMCo cannot provide a release to a self-contracting user under
rule 14A(1)(b) from the requirements in the REMCo Specification
Pack relating to the format of communications.
(3)
Where REMCo provides a release to a self-contracting user from
an obligation specified in the REMCo Specification Pack under rule
14A(1)(b), REMCo must advise the network operator of its
decision.
(4)
REMCo may reject any communication that does not comply with
the requirements of rule 14A(1).
{Note: For clarity, REMCo can permit a self-contracting user an exemption from the
requirement to send its communications via the FRC Hub, but cannot exempt the selfcontracting user from the formatting requirements for its communications.}
Part 1.5– Appendices
15. Identification of sub-networks, gas zones and gate points
(1)
A network operator must code each gas zone and each gate point
in its sub-network under Appendix 1.
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(2)
Each sub-network and each gate point as at the go-live date is
listed with its identifying code in Appendix 1.
(3)
A network operator, acting as a reasonable and prudent person,
may propose to establish a new sub-network that is not listed with
an identifying code in the section of Appendix 1, or propose to
change an existing uncovered sub-network, or covered subnetwork as listed in Appendix 1, that is applicable to the
jurisdiction in which the network operator’s GDS resides. If the
network operator does so, it must notify REMCo of the proposed
new sub-network or proposed changes to an existing uncovered
sub-network, or covered sub-network at least 40 business days
before the new sub-network becomes operational, or before the
proposed changes to an existing uncovered sub-network, or
covered sub-network become operational.
(4)
Upon receipt of notification under rule 15(3), REMCo must verify
the establishment of the new or changed sub-network, and, if
satisfied with its verification, must publish to each participant,
pipeline operator and prescribed person an update to the relevant
section of Appendix 1 specifying the new or changed sub-network
and its identifying code and any applicable new gate point and its
code.
16. Rule change procedure does not apply to amending and updating
Appendices
(1)
An amendment to:
(a)
Appendix 1; and
{Note: The procedure for amending Appendix 1 is set out in rule
15.}
(b)
Appendix 2 (excluding 0); and
(c)
Appendix 7; and
(d)
Appendix 8; and
is not a rule change under Chapter 9 and Part 9.2 does not apply
to the amendment.
(2)
For the avoidance of doubt, 0 is subject to Chapter 9.
(3)
Except as otherwise provided in these rules and subject to rule
16(4), a network operator may amend those sections of Appendix
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2 that are applicable to the jurisdiction in which the network
operator’s GDS resides.
(4)
(5)
(6)
Before any amendment to Appendix 2 takes effect, the network
operator must:
(a)
consult each user and REMCo in relation to the amendment;
and
(b)
take into consideration any reasonable objection to, or
request to alter, the proposed amendment, from users or
REMCo; and
(c)
provide notice to each participant and REMCo (in such
format as the network operator and REMCo may agree) of
the amended Appendix at least 20 business days prior to the
updated Appendix taking effect.
Before any amendment to Appendix 7 takes effect, REMCo must:
(a)
consult each user, swing service provider and swing service
provider of last resort in relation to the amendment; and
(b)
receive unanimous agreement from all users, all swing
service providers and all swing service providers of last
resort to the proposed amendment; and
(c)
provide notice to each participant, swing service provider
and swing service provider of last resort (in such format as
REMCo reasonably may determine) of the amended
Appendix at least 20 business days prior to the updated
Appendix taking effect.
Before any amendment to Appendix 8 takes effect, REMCo must:
(a)
consult each user and swing service provider of last resort
in relation to the amendment; and
(b)
receive unanimous agreement from all users and all swing
service providers of last resort to the proposed amendment;
and
(c)
provide notice to each participant and swing service provider
of last resort (in such format as REMCo reasonably may
determine) of the amended Appendix at least 20 business
days prior to the updated Appendix taking effect.
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{Note: REMCo and the SSPs or SSPOLRs must execute variations to
the SSPUD or SSPOLRUD prior to REMCo publishing amendments to
Appendices 7 or 8. Amendments to Appendices 7 or 8 have no legal
effect on the terms of any SSPUD or SSPOLRUD.}
Part 1.6– Review of rules
17. Review of the rules
Except as otherwise stated in these rules:
(a)
in March 2015, or as soon as practicable thereafter, and
every fifth anniversary from that date, REMCo must consult
with the rule change committee on whether a review of
these rules is to be undertaken; and
(b)
REMCo may determine at its discretion at any other time
that a review of these rules is to be undertaken; and
(c)
if a review of these rules is to be undertaken, REMCo must
develop a process (“rules review process”) and notify all
persons required to comply with these rules of the rules
review process.
{Note: Rule 308 provides for an additional review
process for Chapter 5.}
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Chapter 2 – The databases
Part 2.1 – The REMCo registry
{Note: The REMCo registry is not the only database that REMCo will be
required to create and maintain for its operations under these rules.}
18. REMCo registry is deemed to be correct
(1)
If there is an inconsistency between an item of the REMCo
standing data for a delivery point and an item in another database,
then for the purposes of these rules and in the absence of manifest
error the REMCo standing data is deemed to be correct.
(2)
Nothing in rule 18(1) limits participants’ obligations to lodge a data
change notice under rule 27 or an error correction notice under
rule 32.
(3)
Nothing in rule 18(1) limits participants’ ability to enter into
agreements to address or correct errors or inaccuracies in the
REMCo standing data for a delivery point, subject to participants
ensuring they comply with their obligations under rule 26.
{Note: The purpose of rule 18(3) is to permit “off-market” correcting
transactions.}
19. Maintenance and administration of the REMCo registry
(1)
REMCo must maintain and administer the REMCo registry under
these rules.
(2)
The REMCo registry must include all delivery points in each
jurisdiction.
20. REMCo standing data
(1)
REMCo must ensure that the REMCo registry includes at least the
following accurate information in respect of each delivery point
under these rules from the sources listed below:
Information
Source
(a)
the MIRN; and
network operator
(b)
the MIRN status; and
network operator
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Information
Source
(c)
REMCo, based on the
date notified to it by
the network operator
under rule 65(2)(b)
the first date on which the
MIRN
became
commissioned; and
{Note:
If the delivery point was
connected before the commencement
of these rules, this date will differ from
the date of first connection.}
(d)
the GBO Identification of the
current user; and
In the case of a new
connection— network
operator.
In all other cases —
REMCo.
(e)
the GBO Identification of the
ROLR; and
REMCo (drawing the
information from the
ROLR scheme)
(f)
the GBO Identification of the
network operator; and
network operator
(g)
whether the delivery point is
equipped with an interval
meter or a basic meter; and
network operator
(h)
the gas zone; and
network operator
(i)
whether or not the customer
at the delivery point is a
small use customer; and
REMCo
(j) There is no (j)
(k)
There is no (k)
(l)
There is no (l)
(m) the last date of modification;
and
REMCo
(n)
REMCo
the last person to initiate a
modification to the REMCo
registry for the MIRN.
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(2)
In rule 20(1), “source” means the person responsible for
providing the information to REMCo, not necessarily the person
who is the originating source of the information.
{Note: If a jurisdiction does not have a ROLR scheme, then the item of
REMCo standing data in rule 20(1)(e) will be a dummy GBO identification
for that jurisdiction.}
21. Current user remains financially responsible for a delivery point
A user remains recorded in the REMCo registry as the current user
until such time as:
(a)
the MIRN is deregistered; or
(b)
a transfer occurs in respect of the delivery point; or
(c)
REMCo accepts an error correction transaction in respect of
the delivery point.
{Note: This rule meets the requirement of section 11WL of the
Energy Coordination Act 1994 (WA).}
21A. FRC Hub certification
(1)
Each person required, or who has agreed, to comply with some or
all of these rules (as applicable), must participate in the FRC Hub
certification process and must satisfy the FRC Hub certification
criteria prior to the date they are required to comply with these
rules.
(2)
Prior to REMCo issuing a GBO identification under rule 22(2),
REMCo must determine as a reasonable and prudent operator
whether a person referred to under rule 21A(1) has satisfied the
FRC Hub certification criteria.
(3)
Upon satisfaction of the FRC Hub certification criteria under rule
21A(2), REMCo must issue a FRC Hub compliance certificate to the
person.
(4)
REMCo may immediately cancel a FRC Hub compliance certificate
if, in REMCo’s opinion as a reasonable and prudent person and
having regard to the FRC Hub certification criteria, the holder of
the FRC Hub compliance certificate breaches its obligations under
the FRC Hub Conditions and/or the Connectivity Testing and
Technical Certification document within the REMCo Specification
Pack in such a manner that the integrity of the FRC Hub is
jeopardised.
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(5)
The consequences of REMCo cancelling a FRC Hub compliance
certificate for the person whose FRC Hub compliance certificate
has been cancelled are:
(a)
the person must continue to comply with its obligations
under these rules; and
(b)
the person is not entitled to personally send and receive
notices under these rules via the FRC Hub at any time during
the period its FRC Hub compliance certificate is cancelled;
and
(c)
subject to rules 22(6) and 22(10), the status of the person’s
GBO identification remains “active”.
{Note: As set out in the FRC Hub Conditions, the prohibition on a
person personally sending notices via the FRC Hub while the
person’s FRC Hub compliance certificate has been cancelled only
relates to aseXML transactions, because only aseXML transactions
are sent via the FRC Hub.
The person whose FRC Hub compliance certificate has been
cancelled (“first person”) could arrange for another person who
holds an FRC Hub compliance certificate (“second person”) to
send notices on the first person’s behalf, in order for the first person
to continue complying with their obligations under these rules.
If the first person cannot and does not continue to comply with their
obligations under these rules, their breach of the rules could be, if
it has not been already, referred to REMCo or the compliance panel
under Chapter 6.}
(6)
REMCo must restore a cancelled FRC Hub compliance certificate
upon demonstration by the person whose FRC Hub compliance
certificate has been cancelled, to REMCo’s satisfaction as a
reasonable and prudent operator and having regard to the FRC
Hub certification criteria, that the person is no longer in breach,
or has remedied the breach, of the rules as referred to in rule
21A(4).
21B. Readiness certification
(1)
Each person required, or who has agreed, to comply with some or
all of these rules (as applicable), must participate in the readiness
testing process and must satisfy the readiness criteria prior to the
date they are required to comply with these rules.
(2)
Prior to REMCo issuing a GBO identification under rule 22(2),
REMCo must determine as a reasonable and prudent person
whether a person referred to under rule 21B(1) has satisfied the
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readiness criteria, and if so, issue a readiness certificate to the
person.
22. GBO identification
(1)
REMCo must have a unique GBO identification in each jurisdiction.
(2)
REMCo must upon issuing a FRC Hub compliance certificate under
rule 21A(3) and a readiness certificate under rule 21B:
(a)
notify each person required to have a GBO identification
under rule 22(2), of REMCo’s GBO identification; and
(b)
determine and issue a GBO identification for the person for
each capacity in which it operates under these rules; and
{For example: A user may have two GBO identifications – one as
a user and one as a ROLR. A shipper may have two GBO
identifications – one as a shipper and one as a swing service
provider.}
(3)
(c)
record the status of the GBO identification issued under rule
22(2)(b) as “active” in the REMCo registry; and
(d)
within 1 business day of issuing a GBO identification under
rule 22(2)(b), notify all other persons with a GBO
identification under these rules of the GBO identification for
the new person and provide them with the information set
out in rules 22(4)(a) to 22(4)(c).
REMCo must ensure that each person required to have a GBO
identification under these rules has a different GBO identification
for each capacity in which it operates under these rules, but the
same GBO identification if it operates in the same capacity in both
jurisdictions, including for example:
(a)
a user that is also a ROLR must have a different GBO
identification for its role as a user and its role as a ROLR;
and
(b)
a shipper that has contracts for the transportation of gas
through more than one pipeline must have a different GBO
identification as a shipper on each pipeline; and
(c)
a pipeline operator that operates as a pipeline operator and
a SSPOLR must have a GBO identification for each role.
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(4)
REMCo must ensure that the REMCo registry holds at least the
following accurate information in respect of each GBO
identification issued by REMCo under rule 22(2)(b):
(a)
the name of the person; and
(b)
the capacity in which the person operates in respect of the
GBO identification; and
(c)
the status of the GBO identification, being either “active”,
“suspended” or “deregistered”; and
(d)
the person’s nominated contact details as provided under
rule 8(2); and
(e)
the effective date of any change to the information set out
in rules 22(4)(a) to 22(4)(c).
(5)
Upon any detail changing under rule 22(4), REMCo must within 24
hours of making the change, notify all other persons with a GBO
identification that an amendment has been made and provide
them with the updated information as set out in rules 22(4)(a) to
22(4)(e).
(6)
REMCo must record a person’s GBO identification as “suspended”
in the REMCo registry:
(7)
(a)
if the person is a REMCo member  upon the person’s
membership ceasing under the REMCo Constitution; and
(b)
if the person is a party to an agreement entered into under
these rules which provides for the person’s GBO
identification to be recorded as “suspended”  in
accordance with the terms of the agreement.
The consequences of REMCo recording a person’s
identification as “suspended” in the REMCo registry are:
GBO
(a)
the person must continue to comply with its obligations
under these rules; and
(b)
for a user  without limiting rule 22(7)(a), the user is not
entitled to exercise any rights granted to it under Chapter 2,
Chapter 3, or Chapter 9; and
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(8)
(c)
for a swing service provider  without limiting rule 22(7)(a),
the swing service provider is not entitled to exercise its
rights under rule 281;
(d)
for a network operator  without limiting rule 22(7)(a), the
network operator is not entitled to exercise any rights
granted to it under Chapter 9.
To avoid doubt, recording a person’s GBO identification as
“suspended” in the REMCo registry has no effect on the operation
of Chapter 5.
{Note: This means that a user with a “suspended” GBO identification will
continue to be included in the allocation, reconciliation and swing
calculations.}
(9)
If a person was “suspended” under rule 22(6)(b), then when the
agreement provides that the person’s GBO identification should be
marked as “active”, REMCo must record the person’s GBO
identification as “active” in the REMCo registry.
(10) REMCo must record a person’s
“deregistered” in the REMCo registry:
GBO
identification
as
(a)
if the person is no longer required to comply with these rules
 upon REMCo being notified that the person is no longer
required to comply with these rules; and
(b)
if the person is no longer required to be bound by these rules
through an agreement with REMCo  upon that person
ceasing to be bound by the agreement with REMCo; and
(c)
if the person ceases to act in the capacity under these rules
to which the GBO identification relates  upon that person
ceasing to act in that capacity; and
(d)
upon the person exiting the market under rule 377B.
(11) The consequence of REMCo recording a person’s GBO
identification as “deregistered” in the REMCo registry is that the
person is no longer required to comply with these rules and is not
entitled to accrue any rights under these rules.
23. REMCo to provide bulk REMCo standing data
(1)
In this rule, “bulk REMCo standing data”:
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(a)
in relation to a network operator — means the REMCo
standing data for every delivery point in the network
operator’s GDS; and
(b)
in relation to a user — means the REMCo standing data for
every delivery point for which the user is the current user.
{Note: The purpose of this rule is to allow REMCo and participants
to compare their databases at a particular time.}
(2)
A participant may request REMCo to provide the participant with
bulk REMCo standing data (“bulk REMCo standing data
request”).
(3)
A bulk REMCo standing data request is valid only if the participant
requesting the bulk REMCo standing data has an active GBO
identification.
(4)
Upon receipt of a bulk REMCo standing data request that is not
valid, REMCo must immediately notify the participant that lodged
the bulk REMCo standing data request that the bulk REMCo
standing data request has been rejected and provide the reason
why the bulk REMCo standing data request is not valid.
(5)
Subject to rule 23(6), REMCo must provide bulk REMCo standing
data:
(6)
(a)
to each participant on a quarterly basis; and
(b)
subject to rule 23(7), to a participant upon receiving a valid
bulk REMCo standing data request; and
(c)
to the ROLR under rule 104(5) within the time required by
that rule.
REMCo must:
(a)
notify the participant of the time and date on which it will
generate bulk REMCo standing data, which must be at least
5 business days after the date of notification under this rule
23(6)(a); and
(b)
generate the bulk REMCo standing data at the time and on
the date notified under rule 23(6)(a); and
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(c)
(7)
provide the bulk REMCo standing data to the participant
within 2 business days after the date of generation under
rule 23(6)(b).
REMCo may, by having regard to the number of bulk REMCo
standing data requests made by a participant, impose a limit on
the number of bulk REMCo standing data requests a participant
may lodge in any 30 day period for a fixed or indefinite period.
Part 2.2 – Changing the REMCo registry
Division 2.2.1 – Obligation to keep REMCo registry accurate
24. Purpose of this Part
The purpose of this Part 2.2 is to ensure that the REMCo registry
is accurate.
25. REMCo must keep REMCo registry accurate
(1)
REMCo must not knowingly permit the REMCo registry to be
materially inaccurate.
(2)
If REMCo becomes aware of a material inaccuracy in the REMCo
registry, then:
(a)
if it is the source for the item of the REMCo standing data
under rule 20(1) — it must as a reasonable and prudent
person correct the inaccuracy; or
(b)
if it is not the source for the item of the REMCo standing
data under rule 20(1) — it must notify the network operator
as soon as practicable and provide details of the inaccuracy.
26. Participants must keep REMCo registry accurate
(1)
Without limiting rule 27 or rule 32, a participant must not
knowingly permit the REMCo registry to be materially inaccurate.
(2)
A network operator may discharge its duty under rule 26(1) by,
as soon as practicable:
(a)
lodging a data change notice under rule 27(1)(a); or
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(3)
(b)
notifying REMCo under rule 27(1)(b) that multiple data
change transactions are required and should be dealt with
as a bulk transaction; or
(c)
lodging an error correction notice under rule 32(3) in respect
of having lodged an incorrect new connection confirmation
notice or incorrect permanent removal confirmation notice;
or
A current user may discharge its duty under rule 26(1) by, as soon
as practicable notifying:
(a)
the previous user under rule 32(1)(a) that it incorrectly
lodged a transfer request; or
(b)
the network operator under rule 32(1)(b).
(4)
A previous user may discharge its duty under rule 26(1) by, as
soon as practicable lodging an error correction notice under rule
32(2) in respect of an incorrect transfer request having been
lodged by the current user.
(5)
The previous user, current user and the network operator must,
where appropriate and reasonable, cooperate and assist REMCo
with maintaining accurate REMCo standing data in the REMCo
registry and correcting incorrect delivery point transactions by
providing all reasonable assistance to REMCo in relation to a data
change transaction and an error correction transaction (as
applicable).
Division 2.2.2 – Data change notices
27. Data change notice
(1)
If the network operator becomes aware of a change to, or an
inaccuracy in, items 20(1)(f), 20(1)(g), 20(1)(h), 20(1)(k) or
20(1)(l) of the REMCo standing data for the delivery point for
which it is the source under rule 20(1), then it must as soon as
practicable:
(a)
lodge a data change notice for the delivery point with
REMCo; or
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(b)
(2)
notify REMCo that multiple data change transactions are
required and should be dealt with as a bulk transaction
under rule 31.
If REMCo determines that the multiple data change transactions
referred to in rule 27(1)(b) should not be dealt with as a bulk
transaction, then:
(a)
REMCo must immediately notify the network operator of this
determination; and
(b)
the network operator must lodge a data change notice under
rule 27(1)(a) in respect of each delivery point affected by
the network operator’s proposed change to the REMCo
standing data.
{Note: The next rule dealing with multiple data change transactions
is rule 31.}
(3)
A data change notice must specify at least the following
information:
(a)
the MIRN; and
(b)
the GBO identification of the network operator lodging the
data change notice; and
(c)
the proposed amendment to the REMCo standing data; and
(d)
the reason for the proposed amendment; and
(e)
the earliest date that the proposed amendment to the
REMCo standing data can be registered in the REMCo
registry.
28. Requirements for valid data change notice
A data change notice is valid only if:
(a)
the delivery point exists in the REMCo registry; and
(b)
the delivery point’s MIRN status is commissioned or
decommissioned; and
(c)
there is not, in relation to the delivery point:
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(i)
an open data change transaction for the same item of
REMCo standing data with an effective date on or after
the effective date of the data change notice; or
(ii)
an open transaction that is not a data change
transaction; and
(d)
it is lodged by the network operator who has an active GBO
identification; and
(e)
the proposed amendment only relates to items 20(1)(f),
20(1)(g), 20(1)(h), 20(1)(k) or 20(1)(l) of the REMCo
registry; and
(f)
the proposed amendment relates to item 20(1)(h) of the
REMCo registry, that the proposed gas zone exists in the
REMCo registry; and
(g)
the date proposed under rule 27(3)(e) is no earlier than 30
business days before and no later than 30 business days
after the date on which the data change notice was lodged;
and
29. If data change notice is not valid
Upon receipt of a data change notice which is not valid, REMCo
must immediately:
(a)
reject the data change notice; and
(b)
notify the network operator that lodged the data change
notice that the data change notice has been rejected and
provide the reason why the data change notice is not valid.
{Note: A network operator wishing to reinitiate a data change notice
that has been rejected must lodge a new data change notice.}
30. If data change notice is valid REMCo accepts data change transaction
Upon receipt of a valid data change notice lodged under rule
27(1)(a), REMCo must forthwith accept the data change notice.
{Note: After accepting a data change notice under this rule 30, the
data change transaction is complete and REMCo must update the
REMCo registry under rule 49.}
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31. Multiple data change transactions
(1)
Where REMCo determines that multiple data change transactions
need to be handled as a bulk transaction, REMCo will manage the
process, consult with affected parties to ensure the process is
done efficiently and determine the gas day upon which the
multiple data change transactions will take effect.
(2)
Upon completing the multiple data change transactions, REMCo
must update the REMCo registry accordingly, to take effect from
the start of the gas day as determined by REMCo under rule 31(1)
and provide the affected parties with at least the information
contained in rule 53(1) for the affected delivery points.
Division 2.2.3 – Error Correction Notices
32. Error correction notice
(1)
If a current user becomes aware of an error or inaccuracy in an
item of the REMCo standing data as the result of:
(a)
lodging an incorrect transfer request with REMCo, then the
current user must as soon as practicable notify the previous
user of this fact. If the current user does not know the
identity of the previous user then:
(i)
(ii)
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the current user must as soon as practicable notify
REMCo and request REMCo to notify it of the identity
of the previous user. The current user’s request
must include the following details:
A.
the MIRN for the relevant delivery point;
B.
the GBO identification of the person lodging the
notice;
C.
the date the transfer request was completed
(being the transfer day on which the transfer
was purported to have occurred).
within one business day of receiving a notice under
rule 32(1)(a)(i) REMCo must confirm that:
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(iii)
D.
the person lodging the notice is the current
user;
E.
the delivery point exists within the REMCo
Registry; and
F.
a transfer was completed on the day referred
to in the notice; and
if REMCo is able to confirm these matters, notify the
current user of the identity of the previous user; or
if REMCo is not able to confirm the matters in rule
32(1)(a)(ii), then within one business day of
receiving a notice under rule 32(1)(a)(i) REMCo must
notify the current user.
(iv)
(b)
As soon as practicable after receiving a notice under
32(1)(a)(ii), the current user must notify the
previous user that it has become aware of an error or
inaccuracy in an item of REMCo standing data as a
result of lodging an incorrect transfer request;
the network operator having lodged an incorrect delivery
point transaction with REMCo in respect of new connection
confirmation notice or permanent removal confirmation
notice — the current user must as soon as practicable notify
the network operator of this fact.
(2)
If a previous user is notified under rule 32(1)(a) it may as soon as
practicable lodge an error correction notice for the delivery point
with REMCo.
(3)
If a network operator becomes aware of an error or inaccuracy in
an item of the REMCo standing data as the result of:
(a)
being notified by the current user under rule 32(1)(b); or
(b)
lodging an incorrect delivery point transaction with REMCo
in respect of new connection confirmation notice or
permanent removal confirmation notice,
then subject to rule 32(4), it must as soon as practicable lodge an
error correction notice for the delivery point with REMCo.
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(4)
Before a network operator lodges an error correction notice as a
result of rule 32(3)(b), it must notify the current user that it
intends to lodge such a notice.
(5)
A previous user or a network operator may only lodge an error
correction notice in respect of an incorrect delivery point
transaction.
(6)
An error correction notice must specify at least the following
information:
(a)
the MIRN; and
(b)
the GBO identification of the participant lodging the notice;
and
(c)
the type of delivery point transaction that needs to be
corrected; and
(d)
the date the delivery point transaction was completed, so
that if the error correction notice relates to:
(i)
an incorrect transfer, the transfer day on which the
transfer was purported to have occurred; or
(ii)
an incorrect new connection confirmation notice, the
day on which the MIRN was purported to have become
commissioned; or
(iii)
an incorrect permanent removal confirmation notice,
the day on which the MIRN was purported to have
become deregistered.
33. Requirements for valid error correction notice
An error correction notice is valid only if:
(a)
the delivery point exists within the REMCo registry; and
(b)
the specified delivery point transaction relates to one of the
following:
(i)
a transfer; or
(ii)
a new connection confirmation notice; or
(iii)
a permanent removal confirmation notice;
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and
(c)
the specified delivery point transaction relates to:
(i)
a transfer, and there is not, in relation to the delivery
point, an open transaction, unless the open
transaction is a reconnection confirmation notice or
disconnection confirmation notice for which the
effective date is the same as the effective date of the
transfer day of the completed transfer; or
(ii)
a new connection confirmation notice or a permanent
removal confirmation notice, and there is not, in
relation to the delivery point an open transation,
and
(d)
the specified delivery point transaction relates to the MIRN;
and
(e)
the specified delivery point transaction has been completed;
and
(f)
the specified delivery point transaction relates to:
(i)
a transfer, that:
G.
the participant lodging the notice is the previous
user; and
H.
a transfer occurred on the transfer day specified
in the notice; and
I.
the MIRN status is commissioned or
decommissioned; and
J.
is the most recently completed transaction in
respect of the delivery point, unless the more
recently completed transaction is a
reconnection confirmation notice or
disconnection confirmation notice for which the
effective date is the same as the effective date
of the transfer day of the completed transfer;
or
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(ii)
a new connection confirmation notice or a permanent
removal confirmation notice, that:
K.
the participant lodging the notice is the network
operator; and
L.
the effective date of the change to the MIRN
status recorded in the REMCo registry occurred
on the date specified in the error correction
notice; and
M.
is the most recently completed transaction in
respect of the delivery point as recorded in the
REMCo registry;
and
(g)
the participant lodging the notice has an active GBO
identification; and
(h)
the specified delivery point transaction did not occur more
than 425 days before the date of lodgement of the notice.
34. If error correction notice is not valid
Upon receipt of an error correction notice which is not valid,
REMCo must immediately:
(a)
reject the error correction notice; and
(b)
notify the participant that lodged the error correction notice
that the error correction notice has been rejected and
provide the reason why the error correction notice is not
valid.
{Note: A previous user or a network operator wishing to reinitiate an
error correction notice that has been rejected must lodge a new error
correction notice.}
35. If error correction notice is valid
Upon receipt of a valid error correction notice lodged under rule
32(1), REMCo must
(a)
forthwith accept the error correction notice;
and
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(b)
if the error correction notice relates to a transfer, promptly
notify:
(i)
(ii)
(iii)
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the previous user that the error correction notice has
been accepted, which notice must provide at least the
following information from the error correction notice:
A.
the unique identifier assigned by REMCo to the
error correction notice; and
B.
the transfer day on which the transfer was
purported to have occurred; and
C.
the process time of the error correction notice;
and
the network operator that the error correction notice
has been accepted, which notice must provide at least
the following information from the error correction
notice:
A.
the MIRN; and
B.
the GBO identification of the previous user; and
C.
the transfer day on which the transfer was
purported to have occurred; and
D.
the process time of the error correction notice;
and
E.
the unique identifier assigned by REMCo to the
error correction notice; and
the current user that the error correction notice has
been accepted, which notice must provide at least the
following information from the error correction notice:
A.
the MIRN; and
B.
the transfer day on which the transfer was
purported to have occurred; and
C.
the process time of the error correction notice;
and
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D.
(iv)
the unique identifier assigned by REMCo to the
error correction notice; and
suspend the error correction transaction until the
lapse of the error correction objection resolution
period;
or
(c)
if the error correction notice relates to a new connection
confirmation notice, promptly notify the network operator
and the current user that the error correction notice has
been accepted.
{Note: If the error correction notice relates to a new connection
confirmation notice or permanent removal confirmation notice, the
next applicable rule appears at rule 50(a) where REMCo must
update the REMCo registry.}
36. Error correction objection (in respect of an incorrect transfer)
(1)
(2)
(3)
Before close of business at the expiry of 2 full business days after
the process time notified under rule 35(b)(ii)D or 35(b)(iii)C, a
participant may lodge with REMCo an error correction objection on
one or more of the following grounds:
(a)
after making reasonable inquiries, the participant
reasonably believes that the error correction notice contains
incorrect information; or
(b)
the participant reasonably believes that the delivery point
transaction specified in the error correction notice is correct.
An error correction objection must specify at least the following
information:
(a)
details of the error correction notice to which the error
correction objection relates;
(b)
the GBO identification of the participant lodging the error
correction objection; and
(c)
the ground of the participant’s objection.
An error correction objection is valid only if:
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(a)
it corresponds to an open error correction notice lodged
under rule 32(1), in respect of a correction to a transfer;
and
(b)
it is lodged by the network operator or the current user who
has an active GBO identification (as applicable); and
(c)
the participant lodging the error correction objection is
objecting on one or more of the grounds specified in rule
36(1); and
(d)
it is lodged within the time period allowed under rule 36(1).
37. If error correction objection is not valid
Upon receipt of an error correction objection which is not valid,
REMCo must immediately:
(a)
reject the error correction objection; and
(b)
notify the participant that lodged the error correction
objection that the error correction objection has been
rejected and provide the reason why the error correction
objection is not valid.
38. If error correction objection is valid
Upon receipt of a valid error correction objection, REMCo must:
(a)
forthwith accept the error correction objection; and
(b)
promptly notify the relevant participants that the error
correction objection has been accepted, which notice must
provide at least:
(i)
details of the error correction notice to which the error
correction objection relates; and
(ii)
the process time of the error correction objection.
39. Withdrawal of error correction objection
(1)
Before close of business at the expiry of 3 full business days after
the process time notified under rule 38(b)(ii), a participant that
lodged an error correction objection may lodge an error correction
objection withdrawal notice with REMCo.
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(2)
(3)
An error correction objection withdrawal notice must specify at
least the following information:
(a)
details of the error correction objection to which the error
correction objection withdrawal notice relates; and
(b)
the GBO identification of the participant lodging the notice.
An error correction objection withdrawal notice is valid only if:
(a)
it corresponds to an open error correction objection
previously lodged by the participant under rule 36(1); and
(b)
the participant lodging the notice has an active GBO
identification; and
(c)
it is lodged within the time period allowed under rule 39(1).
40. If error correction objection withdrawal notice is not valid
Upon receipt of an error correction objection withdrawal notice
which is not valid, REMCo must immediately:
(a)
reject the error correction objection withdrawal notice; and
(b)
notify the participant that lodged the error correction
objection withdrawal notice that the error correction
objection withdrawal notice has been rejected and provide
the reason why the error correction objection withdrawal
notice is not valid.
41. If error correction objection withdrawal notice is valid
Upon receipt of a valid error correction objection withdrawal
notice, REMCo must:
(a)
forthwith accept the error correction objection withdrawal
notice; and
(b)
forthwith cancel
objection; and
(c)
promptly notify the relevant participants that the error
correction objection withdrawal notice has been accepted
and the corresponding error correction objection has been
withdrawn, which notice must provide at least details of the
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error correction objection to which the error correction
objection withdrawal notice relates.
42. Cancellation of error correction transaction
If, REMCo does not receive a valid error correction objection
withdrawal notice within the time period specified unde rule 39(1),
REMCo must:
(a)
forthwith cancel the error correction transaction; and
(b)
promptly notify the affected participants that the error
correction transaction has been cancelled.
{Note: A previous user wishing to reinitiate an error correction
transaction in respect of a transfer request that has been cancelled
must lodge a new error correction notice under rule 32(2).}
43. Withdrawal of error correction notice
(1)
A previous user may withdraw an error correction notice in respect
of a transfer request at any time before REMCo completes the
error correction notice under rule 46, by lodging an error
correction withdrawal notice to REMCo.
(2)
A provision of these rules permitting or requiring REMCo to cancel
an error correction transaction does not limit the generality of rule
43(1).
(3)
An error correction withdrawal notice must specify at least the
following information:
(4)
(a)
details of the error correction notice to which the error
correction withdrawal notice relates; and
(b)
the GBO identification of the previous user lodging the
notice.
An error correction withdrawal notice is valid only if it corresponds
to an open error correction notice previously lodged by the
previous user who has an active GBO identification.
44. If error correction withdrawal notice is not valid
Upon receipt of an error correction withdrawal notice which is not
valid, REMCo must immediately:
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(a)
reject the error correction withdrawal notice; and
(b)
notify the previous user that lodged the error correction
withdrawal notice that the error correction withdrawal notice
has been rejected and provide the reason why the error
correction withdrawal notice is not valid.
45. If error correction withdrawal notice is valid
Upon receipt of a valid error correction withdrawal notice, REMCo
must:
(a)
forthwith accept the error correction withdrawal notice; and
(b)
forthwith cancel the error correction transaction; and
(c)
promptly notify the affected participants that the error
correction withdrawal notice has been accepted and that the
error correction transaction has been cancelled.
46. REMCo to mark as pending and then complete error correction transaction
in respect of an incorrect transfer
(1)
If REMCo:
(a)
has accepted a valid error correction notice under rule 35(a)
in respect of an incorrect transfer; and
(b)
has not been notified of a correction withdrawal notice under
rule 43(1); and
(c)
either:
(i)
does not receive a valid error correction objection; or
(ii)
receives a valid error correction objection and also a
valid error correction objection withdrawal notice,
then, REMCo must:
(2)
(d)
forthwith mark the error correction transaction as pending;
and
(e)
promptly notify the affected participants that the error
correction transaction is pending.
Upon notifying participants under rule 46(1)(e), REMCo must:
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(a)
forthwith complete the error correction transaction; and
(b)
promptly notify the affected participants that the error
correction transaction has been completed.
{Note: After completing an error correction transaction under rule
46(2), REMCo must update the REMCo registry under rule 50(a).}
47. When error correction transactions take effect
Unless these rules state otherwise, an error correction transaction
takes effect as from:
(a)
in respect of a transfer  the start of the transfer day on
which the transfer was purported to have occurred; and
(b)
in respect of a new connection confirmation notice  the
start of the gas day on which the MIRN was purported to
have become commissioned; and
(c)
in respect of a permanent removal confirmation notice  the
start of the gas day on which the MIRN was purported to
have become deregistered.
Division 2.2.4 – Provision of metering data at conclusion of valid error correction
transaction
48. Network operator must provide metering data to new current user
Within 5 business days of receiving a notice under rule 46 in
respect of an incorrect transfer, the network operator must
provide the new current user with the metering data for the
delivery point (if any) that new current user would have received
had the incorrect delivery point transaction (as applicable) not
occurred.
Division 2.2.5 – Updating REMCo registry and provision of REMCo standing data
49. Updating REMCo registry after accepting a data change transaction
REMCo must upon accepting a data change transaction in relation
to a delivery point under rule 30, amend the relevant item of
REMCo standing data in the REMCo registry to take effect from the
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start of the gas day specified under rule 27(3)(e) (“effective
date”), on the earlier of:
(a)
forthwith, if the effective date is retrospective; or
(b)
on the start of the gas day of the effective date, if the
effective date is prospective.
{Note: This rule 49 does not apply to multiple data change
transactions that are dealt with as a bulk transaction under rule
31(2).}
50. Updating REMCo registry after accepting and completing an error
correction transaction
REMCo must:
(a)
upon accepting an error correction transaction in relation to:
(i)
an incorrect new connection confirmation notice; or
(ii)
an incorrect permanent removal confirmation notice,
for a delivery point under rule 35(a)  forthwith correct the
relevant item of REMCo standing data in the REMCo registry,
to take effect from the start of the gas day specified in rule
47(b) or 47(c) (as applicable); and
(b)
upon completing an error correction transaction in relation
to an incorrect transfer for a delivery point under rule 46 
forthwith correct the relevant item of REMCo standing data
in the REMCo registry, to take effect from the start of the
gas day specified in rule 47(a).
51. Updating REMCo registry due to change in MIRN status
REMCo must:
(a)
upon accepting a valid new connection confirmation notice
under rule 69 forthwith:
(i)
create a new record for the delivery point; and
(ii)
record the MIRN status as commissioned; and
(iii)
load data into the REMCo registry including the items
of the REMCo standing data provided by the network
operator and including for a basic-metered delivery
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point, REMCo determining whether the customer is a
small use customer under rule 373,
to take effect from the start of the gas day on which the
MIRN became commissioned as notified to REMCo by the
network operator; and
(b)
upon accepting a valid disconnection confirmation notice
under rule 116(1)(a)  forthwith record the MIRN status in
the REMCo registry as decommissioned, to take effect from
the start of the gas day on which the MIRN became
decommissioned as notified to REMCo by the network
operator; and
(c)
upon accepting a valid reconnection confirmation notice
under rule 124(1)(a)  forthwith record the MIRN status in
the REMCo registry as commissioned, to take effect from the
start of the gas day on which the MIRN became
commissioned again as notified to REMCo by the network
operator; and
(d)
upon accepting a valid permanent removal confirmation
notice under rule 132(a)  forthwith deregister the MIRN in
the REMCo registry, to take effect from the start of the gas
day on which the MIRN became deregistered as notified to
REMCo by the network operator.
52. Updating REMCo registry due to a completed transfer or determination of
a small use customer or a small use customer indicator determination
REMCo must:
(a)
(b)
record the incoming user in the REMCo registry as the
current user to take effect from the start of the transfer day:
(i)
for a basic metered delivery point forthwith upon the
receipt of a meter reading under rule 103(1)(b); or
(ii)
for an interval-metered delivery point at the start of
the earliest transfer day; and
upon determining whether or not the customer at a delivery
point is a small use customer under rule 373  within 1
business day record in the REMCo registry whether or not
the customer is a small use customer, to take effect from
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the start of the gas day on which the determination was
made by REMCo.
53. Provision of REMCo standing data
(1)
(2)
Upon updating the REMCo registry under rule 49, 50(a)(ii), 51(b),
51(c), 51(d) or 52(b), REMCo must immediately notify the
network operator, and the current userof at least the following
information:
(a)
the MIRN; and
(b)
the details of the updated item of REMCo standing data; and
(c)
the reason for the update to the item of REMCo standing
data; and
(d)
the last date of modification of the REMCo registry for the
MIRN; and
(e)
the last person to initiate a modification to the REMCo
registry for the MIRN.
Upon updating the REMCo registry under rule 50(b)or 52(a),
REMCo must immediately:
(a)
(b)
notify the network operator of at least the following
information:
(i)
the MIRN; and
(ii)
the details of the updated item of REMCo standing
data; and
(iii)
the reason for the update to the item of REMCo
standing data; and
(iv)
the last date of modification of the REMCo registry for
the MIRN; and
(v)
the last person to initiate a modification to the REMCo
registry for the MIRN; and
provide the current user with the REMCo standing data for
the delivery point and the reason for the update to the item
of REMCo standing data; and
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(c)
notify the previous user of at least the following information:
(i)
the MIRN; and
(ii)
that the current user of the delivery point has
changed; and
(iii)
the reason for the update to the item of REMCo
standing data; and
(iv)
the last date of modification of the REMCo registry
for the MIRN.
{Note: The transfer confirmation notice provided under
rule 103(1)(d)also serves as the notice required under
rule 53(2)(c) for updates to the registry under rule 52(a).
For the avoidance of doubt this notice is only provided
following the successful update of the REMCo registry.}
{Note: The error transaction completion notice provided
under rule 46(2)(b) also serves as the notice required
under rule 53(2)(c) for updates to the registry under rule
50(b). For the avoidance of doubt this notice is only
provided following successful update of the REMCo
registry.}
(3)
Upon updating the REMCo registry under rule 51(a), REMCo must
immediately
(a)
notify the network operator of at least the following
information:
(i)
the MIRN; and
(ii)
the details of the updated item of REMCo standing
data; and
(iii)
the reason for the update to the item of REMCo
standing data; and
(iv)
the last date of modification of the REMCo registry
for the MIRN; and
(v)
the last person to initiate a modification to the
REMCo registry for the MIRN; and
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(b)
provide the current user with the REMCo standing data for
the delivery point and the reason for the update to the item
of REMCo standing data.
Part 2.3 – Retention of and access to historical data in the
REMCo registry
54. REMCo registry to provide audit trail
(1)
REMCo must ensure that the REMCo registry retains a full change
history, such that it can be recreated for a delivery point as at the
beginning of the gas day in the relevant jurisdiction, for any date
in the preceding 7 years or (if the REMCo standing data in the
REMCo registry covers less than 7 years) for as many years as
there is REMCo standing data in the REMCo registry for the
delivery point.
(2)
The change history maintained under rule 54(1) must for any
change to the REMCo standing data for a delivery point made in
the preceding 7 years, or for as many years as there is REMCo
standing data available, permit the identification of:
(a)
the date on which the change occurred; and
(b)
the identity of the person who initiated or requested the
change.
55. Accessibility of data in the REMCo registry
REMCo must maintain or archive the previous REMCo standing
data for each delivery point identified in the REMCo registry:
(a)
in a readily accessible format for at least 2 years after the
date on which a delivery point is deregistered; and
(b)
after that for at least a further 5 years in a format accessible
by REMCo within 5 business days.
55A. Explicit informed consent required
(1)
Before lodging a request with REMCo for historical REMCo standing
data for a delivery point that relates to a period for which the user
was not the current user, a user must obtain the customer’s
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explicit informed consent to the receipt by the user of the
requested data.
{Note: The user should ensure that the customer’s consent extends to all
actions the user may need to undertake to complete the request for the
historical REMCo standing data.}
(2)
If at any time before REMCo has provided information to a user
under rule 57(2), a customer’s explicit informed consent under
rule 55A(1) ceases to apply (for example because it is withdrawn),
then the user must withdraw the request to the extent that the
request relied upon the customer’s explicit informed consent.
(3)
If at any time after REMCo has provided information to a user
under rule 57(2), a customer’s explicit informed consent under
rule 55A(1) ceases to apply (for example because it is withdrawn),
then the user must not use the information for any purpose and
must to the extent reasonably practicable delete all copies of the
information.
56. Request for historical REMCo standing data
(1)
Subject to rule 56(2), a user or a network operator may lodge an
historical REMCo standing data request with REMCo in respect of
a delivery point.
(2)
By lodging an historical REMCo standing data request with REMCo
under rule 56(1), the user represents and warrants to REMCo that
either:
(a)
the historical REMCo standing data requested by the user
only relates to a period for which the user was the current
user; or
(b)
that the user has complied with rule 55A(1).
{Note: Under rule 376A(2), a breach of this warranty will expose the user
to liability for more than just direct damage.}
(3)
The user makes the warranty in rule 56(2) anew on each day that
an historical REMCo standing data request is open.
(4)
An historical REMCo standing data request must specify at least
the following information:
(a)
the MIRN; and
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(5)
(b)
the GBO identification of the participant lodging the request;
and
(c)
the start date and end date of the period to which the
request relates; and
(d)
the historical REMCo standing data requested.
REMCo may, by having regard to the number of historical REMCo
standing data requests it receives, impose a daily limit on the
number of historical REMCo standing data requests that a
participant may lodge under rule 56(1) for a fixed or indefinite
period.
57. REMCo to provide historical REMCo standing data
(1)
(2)
(3)
Upon receipt of an historical REMCo standing data request under
rule 56(1), REMCo must:
(a)
confirm that the participant has an active GBO identification;
and
(b)
if the historical REMCo standing data request was made by
a network operator, confirm that the network operator is
recorded in the REMCo registry as the network operator for
that delivery point.
Upon confirming the matters in rule 57(1) and provided that the
participant has not withdrawn the request under rule 57(4),
REMCo must provide the historical REMCo standing data (as
requested) to the participant that lodged the historical REMCo
standing data request:
(a)
within 1 business day, if the historical REMCo standing data
requested is less than 2 years old; or
(b)
within 5 business days, if the historical REMCo standing data
requested is between 2 and 7 years old.
If REMCo was unable to confirm any or all of the matters in rule
57(1), REMCo must within 1 business day of receiving the
historical REMCo standing data request:
(a)
reject the historical REMCo standing data request; and
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(b)
(4)
notify the participant that lodged the historical REMCo
standing data request that the historical REMCo standing
data request has been rejected and provide the reason why
the historical REMCo standing data request has been
rejected.
A participant may at any time before receiving the requested
historical REMCo standing data under rule 57(2), withdraw the
request made under rule 56(1) by notifying REMCo.
Part 2.4 – A network operator’s databases
58. MIRN database
Each network operator must create, maintain and administer a
MIRN database, which must include at least the following
information in respect of each delivery point located in the
network operator’s GDS:
(a)
the MIRN; and
(b)
the discovery address; and
(c)
the meter number; and
(d)
for a basic meter  the reading day number; and
(e)
the gas zone code; and
(f)
the distribution tariff code to which that delivery point is
assigned; and
(g)
the MIRN status.
59. Street/suburb table
(1)
Each network operator must create, maintain, administer and
make available in electronic form a street/suburb table that can
be remotely accessed for downloading by a participant.
(2)
The street/suburb table must be an extract from the network
operator’s MIRN database and must identically reproduce the
street/suburb combination for the discovery address of every
delivery point in the network operator’s GDS as it is recorded in
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the network operator’s MIRN database at the time of the
extraction, including:
(a)
any abbreviations contained in the corresponding entry in
the MIRN database;
{Example: St, Str, Ave, Rd.}
(b)
any uppercase and lowercase letters contained in the
corresponding entry in the MIRN database;
{Example: Alberts road, foley Street.}
(c)
any spaces contained in the corresponding entry in the MIRN
database; and
{Example: Riley Street, Riley Street, Beaumaris, Beaumaris.}
(d)
any misspellings contained in the corresponding entry in the
MIRN database,
{Example: Beaumorris, Beau-maris.}
(3)
The street/suburb table must not contain duplicate entries.
{Example: If there are 2 delivery points in a network operator’s
MIRN database which are both located on William Street, Perth,
the network operator must not include both entries in the
street/suburb table because it involves unnecessary duplication.}
(4)
Each network operator must ensure that:
(a)
at least once every calendar month, its street/suburb table
is extracted from its MIRN database; and
(b)
its street/suburb table specifies the date of extraction.
{Note: There is no mechanism for changes to the street/suburb
table, because any errors in the street/suburb table should be
changed in the MIRN database.}
60. MSD database
(1)
Each network operator must create, maintain and administer a
MSD database, which must include at least the following
information in respect of each delivery point located in the network
operator’s GDS:
(a)
the MIRN; and
(b)
the pressure correction factor; and
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(c)
the meter number; and
(d)
the meter type; and
(e)
the index type; and
(f)
for a basic meter — the number of dials; and
(g)
for a basic meter — the reading day number; and
(h)
the meter location; and
(i)
the dog code; and
(j)
site access information.
{Note: “Site access information” is intended to be a miscellaneous
field for site information, eg. the location of a key.}
(2)
A network operator is not liable for loss or damage suffered or
incurred by any person as a result of information referred to in
rule 60(1)(i) for a delivery point not being accurate.
61. Users and REMCo must assist a network operator to keep network
operator’s databases accurate
(1)
Neither a user nor REMCo may knowingly permit any or all of a
network operator’s MIRN database, street/suburb table or MSD
database to be materially inaccurate.
(2)
A user or REMCo may discharge their respective duties under rule
61(1) by as soon as practicable notifying the network operator of
a proposed amendment to one of the network operator’s
databases together with details of why it is necessary, within 2
business days after becoming aware of a need to change
information stored in the MIRN database or MSD database.
(3)
Upon receipt of a notification under rule 61(2), a network operator
must determine whether a change is required to one of its
databases, and if it determines that no change is necessary it must
within 5 business days notify the user or REMCo (as applicable) of
its determination and its reasons.
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62. Updating MIRN database and MSD database
(1)
A network operator must, in accordance with this rule 62, ensure
that the information stored in its MIRN database and its MSD
database is accurate.
(2)
Rule 62(1) does not require a network operator to undertake any
investigation in respect of the items referred to in rules 60(1)(i)
and 60(1)(j), but this rule 62(2) does not limit the network
operator’s obligations under rule 61(3) if it is notified under rule
61(2) of a necessary change to either of those items.
(3)
Upon updating its MIRN database and MSD database, except as a
result of undertaking a disconnection under rule 105(1)(c) or a
reconnection under rule 117(1)(c), a network operator must
promptly provide at least the updated item of MIRN standing data
or meter standing data (as applicable) for a delivery point to the
current user.
{Note: In accordance with rule 27(1), the network operator will if necessary
also raise a data change notice with REMCo, if a change has been made to
the gas zone, meter type or if the delivery point is no longer in the network
operator’s GDS.}
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Chapter 3 – MIRN transactions
Part 3.1 – New connection
63. Allocating MIRNs to network operators
(1)
Subject to rule 63(2), REMCo must assign a range of MIRNs to a
newly registered network operator, in consultation with the
network operator, at the time of notifying the network operator of
its GBO identification under rule 22(2)(c).
(2)
REMCo must not assign the same range of MIRNs to more than
one network operator.
64. Allocating a MIRN to a delivery point
(1)
(2)
Upon installing a meter at a new connection, a network operator
must, if it has not done so already:
(a)
assign a MIRN to the delivery point within the range and
format as allocated to the network operator by REMCo under
rule 63; and
(b)
determine a MIRN checksum for the MIRN in accordance
with the standard algorithm as set out in Appendix 3.
A network operator:
(a)
must not assign the same MIRN to more than one delivery
point; and
(b)
must not re-use a MIRN that related to a previously
deregistered delivery point.
65. MIRNs becoming commissioned for the first time
(1)
A network operator has commissioned a delivery point when:
(a)
a meter has been installed and commissioned at the delivery
point; and
(b)
gas is able to flow at the delivery point; and
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(c)
(2)
the meter reading data has been obtained for the delivery
point.
Upon first commissioning a delivery point, a network operator
must:
(a)
(b)
promptly notify the user that the installation of the meter at
the delivery point is complete and notify the user of:
(i)
the MIRN standing data; and
(ii)
the meter standing data assigned to the delivery
point; and
(iii)
for a basic-metered delivery point only, the metering
data in accordance with rule 161 as if the user were
an incoming user; and
promptly lodge a new connection confirmation notice with
REMCo.
66. New connection confirmation notice
A new connection confirmation notice must specify at least the
following information:
(a)
the MIRN assigned to the delivery point; and
(b)
the GBO identification of the network operator lodging the
notice; and
(c)
the date on which the MIRN became commissioned; and
(d)
the data for those items of the REMCo standing data for
which the network operator is the source under rule 20(1);
and
(e)
and if the delivery point is basic-metered — the anticipated
annual consumption for the delivery point.
67. Requirements for valid new connection confirmation notice
A new connection confirmation notice is valid only if:
(a)
the MIRN does not already exist in the REMCo registry; and
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(b)
it is lodged by the network operator who has an active GBO
identification; and
(c)
the user nominated by the network operator as the current
user for item 20(1)(d) of the REMCo standing data, has an
active GBO identification; and
(d)
the date on which the notice is received is on or after the
date on which the MIRN became commissioned; and
(e)
the meter type is either a basic meter or an interval meter;
and
(f)
the gas zone exists in the REMCo registry;
(g)
the notice sets out information for the purposes of rules
66(e); and
(h)
the user has a contract with a shipper for the haulage of gas
to that delivery point.
68. If new connection confirmation notice is not valid
Upon receipt of a new connection confirmation notice which is not
valid, REMCo must immediately:
(a)
reject the new connection confirmation notice; and
(b)
notify the network operator that lodged the new connection
confirmation notice that the new connection confirmation
notice has been rejected and provide the reason why the
new connection confirmation notice is not valid.
{Note: A network operator wishing to reinitiate a new
connection confirmation notice that has been rejected
must lodge a new new connection confirmation notice.}
69. If new connection confirmation notice is valid
Upon receipt of a valid new connection confirmation notice lodged
under rule 65(2)(b), REMCo must:
(a)
forthwith accept the new connection confirmation notice;
and
(b)
promptly notify the network operator that the
connection confirmation notice has been accepted.
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{Note: Upon accepting a valid new connection
confirmation notice under rule 69, REMCo must
update the REMCo registry under rule 51(a) and
provide the user and the network operator with
the REMCo standing data for the delivery point
under rule 53.
The user is responsible for all transportation and
haulage charges to and all gas withdrawals from
the delivery point from the beginning of date on
which the MIRN became commissioned.}
Part 3.2 – MIRN discovery
70. Purpose of MIRN discovery process
The purpose of the MIRN discovery process is to enable a user to
request and to receive information regarding a delivery point.
71. MIRN must be set out
(1)
There is no rule 71(1).
(2)
Each user must ensure that each invoice it renders to a customer
at a delivery point to which the user delivers gas includes the MIRN
and MIRN checksum for the delivery point.
72. Explicit informed consent required
(1)
Before lodging a MIRN discovery request with a network operator,
a user must obtain the customer’s explicit informed consent to the
receipt by the user of the MIRN standing data that relates to the
customer’s delivery point.
{Note: The user should ensure that the customer’s consent
extends to all actions the user may need to undertake to
complete the MIRN discovery process, for example, subsequent
lodgements if the first MIRN discovery request is rejected, liaison
with the network operator under rule 76 and the subsequent
report that the network operator is required to provide REMCo
under rule 73(1).}
(2)
By lodging a MIRN discovery request with a network operator, the
user represents and warrants to the network operator that the
user has complied with rule 72(1).
{Note: Under rule 376A(2), a breach of this warranty will expose
the user to liability for more than just direct damage.}
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(3)
A user makes the warranty in rule 72(2) anew on each day that
the MIRN discovery request is open.
(4)
If at any time after the network operator has provided information
to a user under rule 75, a customer’s explicit informed consent
under rule 72(1) ceases to apply (for example because it is
withdrawn), then the user must not use the information for any
purpose and must to the extent reasonably practicable delete all
copies of the information.
(5)
This rule 72 does not apply where the user is a self-contracting
user.
(6)
To avoid doubt, a user does not require the customer’s explicit
informed consent for receipt of the information referred to in rule
75(2)(b)(ii).
(7)
To avoid doubt, a current user for a delivery point does not require
the customer’s explicit informed consent for receipt of the MIRN
standing data for the delivery point.
73. REMCo to review MIRN discovery requests and explicit informed
consents
(1)
There is no rule 73(1).
(2)
Each network operator must, at least once a month, provide
REMCo with a report of all MIRN discovery requests it received in
the period since its last report under this rule 73(1).
(3)
The report under rule 73(1) is to be in a format agreed between
REMCo and the network operator and must provide at least the
following information for each MIRN discovery request received
during the month:
(4)
(a)
the MIRN; and
(b)
the identity of the user lodging the request; and
(c)
the discovery address.
REMCo may from time to time inspect each user’s records of
explicit informed consent given under rule 72(1), to conduct a
negative assurance audit of the user’s compliance with rules 72(1)
and 72(4).
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74. The MIRN discovery request
(1)
Subject to rule 72, a user may lodge a MIRN discovery request
with a network operator at any time.
(2)
A MIRN discovery request must specify at least the following
information:
(3)
(a)
the GBO identification of the user lodging the MIRN
discovery request; and
(b)
either:
(i)
the MIRN; or
(ii)
the discovery address.
For the purposes of rule 74(2)(b)(ii), a user must specify (if
applicable) at the least the following information for the discovery
address:
(a)
house number or lot number (as applicable), or if neither
are applicable, the building/property name; and
{Note:
In relation to building/property name for
example
“North
Wing,
Treasury
Building”
or
“Brindabella”.}
{Note: Lot numbers are allocated to an address prior to
street numbering. }
(b)
street name; and
{For example: “Rundle” or “Murray”.}
(c)
street type code; and
{For example: “St”, “Rd”, “Ave”, or “Blvd”.}
(d)
street suffix; and
{For example: “N”, “S”, “E” or “W”.}
(e)
suburb/place/locality; and
{For example: “Adelaide”, “Mosman Park” or “Kipparing”.}
(f)
State/Territory; and
{For example: “WA” .}
(g)
post code.
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74A
There is no rule 74A
75. Network operator to respond to MIRN discovery request
(1)
(2)
If a MIRN discovery request specifies a MIRN, then subject to rule
75(3):
(a)
if the MIRN does not appear in the MIRN database or its
MIRN status is deregistered  the network operator must
immediately notify the user of the fact; and
(b)
otherwise  the network operator must, in relation to the
MIRN, immediately provide the user with:
(i)
the MIRN standing data, excluding the information
referred to in rule 58(d); and
(ii)
the next scheduled meter reading date and the
planned frequency of future scheduled meter
readings.
If a MIRN discovery request specifies a discovery address
containing the information in rule 74(3), then:
(a)
if the discovery address does not identically correspond to
those elements of a discovery address in the MIRN database
 the network operator must immediately notify the user of
the fact; or
(b)
if the discovery address identically corresponds to those
elements of a discovery address in the network operator’s
MIRN database, then:
(i)
if there is no commissioned or decommissioned MIRN
for the discovery address in the MIRN database — the
network operator must immediately notify the user of
the fact; and
(ii)
if there is more than one commissioned or
decommissioned MIRN for the discovery address in the
MIRN database — the network operator must
immediately provide the following information to the
user for each MIRN (but only up to a maximum of 99
MIRNs) that has matched the discovery address:
A.
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B.
the meter number; and
C.
the discovery address;
{Note: The purpose of this rule 75(2)(b)(ii) is to
assist a user discover a MIRN in respect of a
block of units, shopping centre, or a factory etc,
which all have the same street or lot number but
will obviously have different unit or shop
numbers, or in relation to factories, each factory
will have a different lot number suffix (i.e. “A” or
“B”) etc.}
and
(iii)
otherwise, the network operator must immediately
provide the user with:
A.
the MIRN standing data, excluding
information referred to in rule 58(d); and
the
B.
the next scheduled meter reading date and the
planned frequency of future scheduled meter
readings.
{Note: A user may lodge a new MIRN discovery
request under rule 74(1) at any time.}
(3)
If the MIRN discovery request was not lodged on a business day,
then the network operator must respond to the MIRN discovery
request no later than on the next business day as if the MIRN
discovery request was lodged on that business day.
76. Network operator to assist
(1)
A user, (provided it has first made reasonable efforts to lodge a
valid MIRN discovery request) may request the network operator’s
assistance to determine a delivery point’s discovery address or
MIRN, in which case, subject to rule 76(2), the network operator
must provide that assistance:
(a)
where the request for assistance is made before midday on
a business day — by 5.00 pm on that business day; and
(b)
where the request for assistance is made on or after midday
on a business day, or is not made on a business day — by
5.00 pm on the next business day.
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(2)
To avoid doubt, rule 76(1) only requires the network operator to
use reasonable endeavours during business hours to assist the
user to determine a delivery point’s discovery address or MIRN to
enable the user to lodge a further MIRN discovery request in
relation to the delivery point.
{Note: A user may lodge a new MIRN discovery request under
rule 74(2) at any time.}
(3)
If it is not possible for a network operator to resolve a user’s query
under rule 76(1) without undertaking a site visit, the network
operator must, within 5 business days after receiving the request,
visit the site on which the delivery point is located and resolve the
user’s query.
Part 3.3 – Transfer
{Note: This Part 3.3 deals with the transfer of customers from
one user (current user) to another user (incoming user).
However, in legal terms this is achieved by transferring gas
deliveries at a delivery point from the current user to the
incoming user.}
Division 3.3.1 – Introduction
{Note: In parallel to the transfer process under these rules, the
incoming user needs to negotiate with the network operator
either to agree suitable amendments to its haulage contract to
reflect the addition of a delivery point, or to agree a haulage
contract. These matters are dealt with under the Access
Arrangement. The incoming user may need to deal with other
matters as well, such as licensing.}
77. Transfer errors
(1)
If, due to a transfer error or otherwise, the wrong user is recorded
in the REMCo registry as the current user, then REMCo and the
affected users must cooperate to correct this error by either:
(a)
a user lodging an error correction notice under rule 32(2);
or
(b)
a user lodging a new transfer request in respect of the
delivery point and entering into an agreement under rule
77(2), but to avoid doubt the correcting transfer must have
only prospective effect.
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(2)
Subject to participants’ obligations under rule 32 to lodge an error
correction notice in respect of an incorrect transfer request,
participants may enter into agreements if they cannot meet the
requirements under rule 33 to lodge a valid error correction notice,
to address or correct transfers which should have occurred but did
not, or which occurred but should not have, or were otherwise in
error (in this rule collectively “transfer errors”).
{Note: The purpose of rule 77(2) is to permit “off-market”
correcting transactions. For example, if the transfer day is in
error.}
(3)
REMCo and all involved participants to an agreement under rule
77(2) must provide such information in accordance with these
rules as is required to facilitate the agreement.
78. Move in defined
A “move in” occurs when:
(a)
a small use customer commences occupation of premises;
and
(b)
there is an associated change of user for the delivery point
which supplies gas to the premises.
79. Explicit informed consent
(1)
Before lodging a transfer request with REMCo, an incoming user
must obtain the transferring customer’s explicit informed consent
to the lodgement.
{Note: This consent could be obtained at the same time, and
on the same form, as consent under rule 72, and may include
consent for the purposes of rule 82(a).}
(2)
By lodging a transfer request with REMCo, the incoming user
represents and warrants to REMCo that the incoming user has
complied with rule 79(1).
{Note: Under rule 376A(2), a breach of this warranty will expose
the incoming user to liability for more than just direct damage.}
(3)
The incoming user makes the warranty in rule 79(2) anew on each
day that a requested transfer is open.
(4)
If, at any time before the transfer takes effect under rule
103(1)(c) or rule 103(2)(b) (as the case may be), a transferring
customer’s explicit informed consent ceases to apply (for example
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because it is withdrawn), then the incoming user must withdraw
the transfer request under rule 95.
(5)
This rule 79 does not apply where the incoming user is a selfcontracting user.
80. Incoming user may lodge a transfer request
(1)
Subject to rule 79 and rule 80(2), an incoming user may lodge a
transfer request with REMCo on any day.
(2)
An incoming user that is a self-contracting user may only lodge a
transfer request in respect of a delivery point at which it is the
customer.
(3)
By lodging a transfer request with REMCo, the self-contracting
user represents and warrants to REMCo that the self-contracting
user is the customer for the delivery point to which the transfer
request relates.
{Note: Under rule 376A(2), a breach of this warranty will expose
the self-contracting user to liability for more than just direct
damage.}
Division 3.3.2 – The transfer request
81. Transfer request
(1)
A transfer request must specify at least the following information:
(a)
the MIRN; and
(b)
the incoming user’s GBO identification; and
(c)
the earliest transfer day; and
{Note: Unless a special meter reading is requested for a
basic-metered delivery point, the transfer of a basicmetered delivery point will take effect under rule
103(1)(c) at the time of the next scheduled meter
reading which occurs on or after the earliest transfer
day, provided an actual value is generated at that time.}
{Note: Under rule 83(i), an earliest transfer day must be
no earlier than 5 business days after the date on which
the transfer request is lodged (except where the
requested transfer is a move in) and within the allowable
period.}
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{Note: For a move in, the transfer will take effect on the
move in date or if there is no deemed meter reading or
a special meter reading cannot be obtained on the move
in date, it will take effect at the time a special meter
reading is obtained under rule 99.}
(d)
(2)
whether the requested transfer is a move in.
By lodging a transfer request that is specified to be a move in, an
incoming user represents and warrants to REMCo that the transfer
request relates to a move in.
{Note: Under rule 376A(2), a breach of this warranty will expose
the incoming user to liability for more than just direct damage.}
(3)
An incoming user makes the warranty in rule 81(2) anew on each
day that a requested transfer that is specified to be a move in is
open.
(4)
If a transfer request specifies that a requested transfer is a move
in, and at any time before registration of the requested transfer
under rule 52(a) the incoming user becomes aware that the
requested transfer is not a move in, then the incoming user must
withdraw the transfer request under rule 95.
(5)
The network operator must:
(a)
use the unique identifier assigned by REMCo to each transfer
request as the service order reference for the purposes of
rules 105(3)(b)(i) and 117(1)(c); and
(b)
include the unique identifier on any invoice or other
transaction sent to the incoming user in connection with the
transfer request.
{Note: The network operator might be entitled to
charge a user in connection with a deemed request
under rule 82.}
82. Transfer request deemed to be a request for certain purposes
By lodging a transfer request, the incoming user is deemed to
have requested the network operator, as part of the transfer
process:
(a)
if a basic-metered delivery point is decommissioned — to
reconnect it; and
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(b)
if the requested transfer is cancelled after a reconnection
has occurred under rule 117(1)(c) — to disconnect it again;
and
(c)
if the requested transfer is a move in at a basic-metered
delivery point — to undertake a special meter reading under
rule 99(1).
83. Requirements for valid transfer request
A transfer request is valid only if:
(a)
the delivery point exists within the REMCo registry; and
(b)
the MIRN status is commissioned or decommissioned; and
(c)
there is not, in relation to the delivery point, an open
transfer request; and
(d)
there is not, in relation to the delivery point, an open error
correction transaction; and
(e)
the incoming user is a user and has an active GBO
identification; and
(f)
except in the case of a ROLR event — the incoming user is
not the ROLR; and
(g)
if the requested transfer is a move in the transferring
customer is a small use customer;
{Note: REMCo determines under rule 373 whether a customer is a
small use customer.}
(h)
if the requested transfer is a move in — the delivery point is
basic-metered; and
(i)
the earliest transfer day is within the allowable period and:
(i)
if the requested transfer is not a move in — no earlier
than 5 business days after the date on which the
transfer request is lodged; and
(ii)
if the requested transfer is a move in — no earlier than
the date on which the notice is lodged.
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(j)
the user has a contract with a shipper for the haulage of gas
to that delivery point.
84. If transfer request is not valid
Upon receipt of a transfer request which is not valid, REMCo must
immediately:
(a)
reject the transfer request; and
(b)
notify the incoming user that the transfer request has been
rejected and provide the reason why the transfer request is
not valid.
{Note: An incoming user wishing to reinitiate a
requested transfer that has been rejected must lodge a
new transfer request.}
85. If transfer request is valid
(1)
Upon receipt of a valid transfer request, REMCo must:
(a)
forthwith accept the transfer request; and
(b)
immediately notify the incoming user that the transfer
request has been accepted which notice must provide at
least the following details from the transfer request:
(c)
(i)
the unique identifier assigned by REMCo to the
transfer request; and
(ii)
the process time of the transfer request; and
immediately notify the network operator that the transfer
request has been accepted, which notice must provide at
least the following details from the transfer request:
(i)
the MIRN; and
(ii)
the GBO identification of the incoming user; and
(iii)
the earliest transfer day; and
(iv)
whether the requested transfer is a move in; and
(v)
the process time of the transfer request; and
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(vi)
(d)
(e)
the unique identifier assigned by REMCo to the
transfer request; and
immediately notify the current user that the transfer request
has been accepted, which notice must provide at least the
following details from the transfer request:
(i)
the MIRN; and
(ii)
the earliest transfer day; and
(iii)
whether the requested transfer is a move in; and
(iv)
the process time of the transfer request; and
(v)
the unique identifier assigned by REMCo to the
transfer request; and
if the requested transfer is not a move in immediately
suspend the requested transfer until lapse of the transfer
objection resolution period.
(2)
In normal circumstances REMCo will not notify the current user of
the identity of an incoming user, however REMCo may do so where
it judges, in its absolute discretion, that it is necessary to do so
for the purpose of resolving any issue or dispute.
(3)
REMCo may also, in its absolute discretion, for the purpose of
resolving any issue or dispute in relation to the transfer request,
provide the incoming user with any information REMCo receives in
writing from the current user in relation to the transfer request.
(4)
For the purposes of rule 85(3), REMCo must provide the incoming
user with the information REMCo receives, in the same format as
REMCo received the information from the current user, provided
that it is a format contemplated by these rules.
{Note: For example, if REMCo receives the information in
aseXML format then REMCo must forward the information in
aseXML format to the incoming user, and if REMCo receives the
information in an email, then REMCo must forward the
information in an email.}
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Division 3.3.3 – Objection to transfer (other than a move in)
{Note: This Division does not apply to move ins. The next step
for a move in appears at rule 95.}
86. Network operator may object to a transfer other than a move in
(1)
Before close of business at the expiry of 2 full business days after
the process time notified under rule 85(1)(c)(v), if the requested
transfer is not a move in, a network operator may lodge a transfer
objection with REMCo on the ground that the incoming user has
not entered into a haulage contract in respect of the delivery point
and its metering equipment with the network operator.
(2)
A transfer objection under rule 86(1) must specify at least the
following information:
(a)
details of the transfer request to which the transfer objection
relates; and
(b)
the GBO identification of the network operator lodging the
transfer objection.
87. ROLR may object to a transfer other than a move in after the retailer of
last resort scheme has been invoked
(1)
There is no rule 87(1).
(2)
Before close of business at the expiry of 2 full business days after
the process time notified under rule 85(1)(d)(iv), if:
(a)
gas is being delivered at the delivery point by a ROLR; and
(b)
the requested transfer is not a move in; and
(c)
the transferring customer has not paid the ROLR fee,
then the ROLR may lodge a transfer objection with REMCo.
(3)
A transfer objection under rule 87(2) must specify at least the
following information:
(a)
details of the transfer request to which the transfer objection
relates; and
(b)
the GBO identification of the ROLR lodging the transfer
objection.
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(4)
By lodging a transfer objection under rule 87(2), the ROLR
represents and warrants to REMCo that the transferring customer
has not paid the ROLR fee.
{Note: Under rule 376A(2), a breach of this warranty will expose
the ROLR to liability for more than just direct damage.}
(5)
The ROLR makes the warranty in rule 87(4) anew on each day
that the transfer objection under rule 87(2) is open.
(6)
Subject to rule 88, REMCo may accept and act upon a transfer
objection under rule 87(2) without enquiring whether the
transferring customer has or has not paid the ROLR fee.
88. Requirements for a valid transfer objection
A transfer objection is valid only if:
(a)
it corresponds to an open transfer request; and
(b)
it is lodged by either:
(i)
the network operator, who has an active GBO
identification; or
(ii)
the ROLR, who has an active GBO identification, and
the conditions in rules 87(2)(a), 87(2)(b) and 87(2)(c)
are all met;
and
(c)
it is lodged within the time period allowed under rule 86(1)
or rule 87(2) (as applicable); and
(d)
either (as applicable):
(i)
the network operator is objecting on the ground
specified in rule 86(1); or
(ii)
the ROLR is objecting on the ground specified in rule
87(2); and
and
(e)
the requested transfer is not a move in.
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89. If transfer objection is not valid
Upon receipt of a transfer objection which is not valid, REMCo
must immediately:
(a)
reject the transfer objection; and
(b)
notify the participant that lodged the transfer objection that
the transfer objection has been rejected and provide the
reason why the transfer objection is not valid.
90. If transfer objection is valid
Upon receipt of a valid transfer objection, REMCo must:
(a)
forthwith accept the transfer objection; and
(b)
immediately notify the incoming user and the participant
that lodged the transfer objection that the transfer objection
has been accepted, which notice must provide at least:
(i)
details of the transfer request to which the transfer
objection relates; and
(ii)
the process time of the transfer objection.
91. Withdrawal of transfer objection
(1)
Before close of business at the expiry of 3 full business days after
the process time notified under rule 90(b)(ii), a participant that
lodged a transfer objection may lodge a transfer objection
withdrawal notice with REMCo.
(2)
A transfer objection withdrawal notice must specify at least the
following information:
(3)
(a)
details of the transfer objection to which the transfer
objection withdrawal notice relates; and
(b)
the GBO identification of the participant lodging the notice.
A transfer objection withdrawal notice lodged by a participant is
valid only if:
(a)
it corresponds to both:
(i)
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an open transfer notice; and
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(ii)
(b)
an open transfer objection previously lodged by the
participant who has an active GBO identification; and
it is lodged within the time period allowed under rule 91(1).
92. If transfer objection withdrawal is not valid
Upon receipt of a transfer objection withdrawal notice which is not
valid, REMCo must immediately:
(a)
reject the transfer objection withdrawal notice; and
(b)
notify the participant that lodged the transfer objection
withdrawal notice that the transfer objection withdrawal
notice has been rejected and provide the reason why the
transfer objection withdrawal notice is not valid.
93. If transfer objection withdrawal is valid
Upon receipt of a valid transfer objection withdrawal notice,
REMCo must:
(a)
forthwith accept the transfer objection withdrawal notice;
and
(b)
forthwith cancel the transfer objection; and
(c)
immediately notify the incoming user and the participant
that lodged the transfer objection withdrawal notice that the
transfer objection withdrawal notice has been accepted and
the corresponding transfer objection has been withdrawn,
which notice must provide at least details of the transfer
objection to which the transfer objection withdrawal notice
relates.
94. If transfer objection not withdrawn
If REMCo:
(a)
receives a valid transfer objection; and
(b)
does not receive a valid transfer objection withdrawal notice
within the time period specified under rule 91(1),
then REMCo must:
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(c)
before the start of the next business day, cancel the
requested transfer; then
(d)
promptly, notify the incoming user, the current user and the
network operator that the requested transfer has been
cancelled.
{Note: An incoming user wishing to reinitiate a
requested transfer that has been cancelled must lodge a
new transfer request.}
Division 3.3.4 – Withdrawal of transfer request
95. Incoming user may withdraw a transfer request
(1)
An incoming user may withdraw a transfer request for a basicmetered delivery point at any time before REMCo issues a transfer
confirmation under rule 103(1)(d)(i) by lodging a transfer
withdrawal notice with REMCo.
(2)
An incoming user may withdraw a transfer request for an intervalmetered delivery point at any time up to two business days before
the earliest transfer day specified in the transfer request for the
delivery point by lodging a transfer withdrawal notice with REMCo.
(3)
A provision of these rules permitting or requiring the incoming
user to withdraw, or REMCo to cancel, a transfer request does not
limit the generality of rules 95(1) and 95(2).
(4)
A transfer withdrawal notice must specify at least the following
information:
(5)
(a)
details of the transfer request to which the transfer
withdrawal notice relates; and
(b)
the GBO identification of the incoming user lodging the
notice.
A transfer withdrawal notice is valid only if it corresponds to an
open transfer request previously lodged by the incoming user who
has an active GBO identification.
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96. If transfer withdrawal notice is not valid
Upon receipt of a transfer withdrawal notice which is not valid,
REMCo must immediately:
(a)
reject the transfer withdrawal notice; and
(b)
notify the participant that lodged the transfer withdrawal
notice that the transfer withdrawal notice has been rejected
and provide the reason why the transfer withdrawal notice
is not valid.
97. If transfer withdrawal notice is valid
Upon receipt of a valid transfer withdrawal notice, REMCo must:
(a)
forthwith accept the transfer withdrawal notice; and
(b)
forthwith cancel the requested transfer; and
(c)
immediately notify the current user, the incoming user and
the network operator that the transfer withdrawal notice has
been accepted and that the requested transfer has been
cancelled.
Division 3.3.5 – REMCo marks move in as pending
98. Marking a move in as pending
If:
(a)
REMCo receives a valid transfer request; and
(b)
the requested transfer is a move in,
then REMCo must:
(c)
forthwith mark the move in as pending; and
(d)
immediately notify the incoming user, the current user and
the network operator that the move in is pending.
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99. Network operator may be required to undertake special meter reading for
a move in
(1)
If a requested transfer is a move in and:
(a)
the network operator determines as a reasonable and
prudent person that there is no prospect of determining a
deemed meter reading under rule 148(1)(a), for the earliest
transfer day; and
{Note:
The network operator may make this
determination if it determines that there is unlikely to be
a validated scheduled meter reading or special meter
reading in the 10 days before the move in.}
(b)
no scheduled meter reading is scheduled for the earliest
transfer day; and
(c)
no special meter reading has been requested (at least 2
business days prior to the earliest transfer day) by the user,
for the earliest transfer day,
{Note: If a user requests a special meter reading for
the earliest transfer day and cancels the request less
than 2 business days prior to the earliest transfer day,
the network operator will not be able to undertake a
special meter reading on the earliest transfer day,
because under rule 147(1), the network operator
requires at least 2 business days notice in order to
undertake a special meter reading.}
then, the network operator must undertake a special meter
reading:
(2)
(d)
on the earliest transfer day; or
(e)
if the earliest transfer day is less than 2 business days after
REMCo gives notice under rule 98(d) that the transfer is
pending ― within 2 business days after receipt of the notice.
If a requested transfer is a move in and either:
(a)
a scheduled meter reading is scheduled for, or not more
than 10 days before, the earliest transfer day; or
(b)
a special meter reading has been requested (at least 2
business days prior to the earliest transfer day) for, or not
more than 10 days before, the earliest transfer day by
either:
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(c)
(i)
the current user; or
(ii)
the incoming user; or
the network operator is required to undertake a special
meter reading under rule 99(1)(d) or 99(1)(e);
and the network operator fails to obtain a meter reading under at
least one of rules 99(2)(a), 99(2)(b)(i), 99(2)(b)(ii) or 99(2)(c),
then the network operator must promptly notify the incoming user
of the failure.
(3)
If within 3 business days after notifying the incoming user under
rule 99(2) the network operator receives a request from the
incoming user to undertake a special meter reading, the network
operator must undertake as soon as practicable a special meter
reading for the delivery point the subject of the requested transfer
rule 99(1).
(4)
If REMCo does not receive metering data under rule 158 that
contains an actual value or a substituted value within 7 business
days of the earliest transfer day, then REMCo must:
(a)
forthwith cancel the requested transfer; and
(b)
immediately notify the incoming user, the current user and
the network operator that the requested transfer has been
cancelled.
Division 3.3.6 – REMCo marks other transfer as pending
100. Marking a transfer other than a move in as pending
(1)
(2)
This rule 100 applies if:
(a)
REMCo receives a valid transfer request; and
(b)
the requested transfer is not a move in.
If REMCo:
(a)
does not receive a valid transfer objection; or
(b)
receives a valid transfer objection and also a valid transfer
objection withdrawal notice,
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then REMCo must upon the lapse of the transfer objection
resolution period:
(c)
forthwith mark the requested transfer as pending; and
(d)
immediately notify the incoming user, the current user and
the network operator that the requested transfer is pending.
Division 3.3.7 – Actual value required for requested transfer of a basic metered
delivery point
101. Requested transfer of a basic-metered delivery point requires meter
reading that has generated an actual value
(1)
If a requested transfer for a basic-metered delivery point is
pending and REMCo receives metering data under rule 158 that
contains an estimated value, REMCo must within 24 hours notify
the incoming user and current user that the requested transfer
cannot take place until REMCo receives an actual value for the
delivery point.
{Note: The network operator may provide REMCo with metering
data that contains an actual value for the delivery point at any
time. However, if meter reading that generates an actual value
is taken after the allowable period has elapsed, REMCo will have
already cancelled the requested transfer.}
{Note: Rule 81(2) provides that a requested transfer may be
specified to be a move in.}
(2)
If a requested transfer for a basic-metered delivery point is
pending and REMCo does not receive notification of an actual value
for the delivery point within the allowable period, then within 24
hours of the lapse of allowable period REMCo must:
(a)
cancel the requested transfer; and
(b)
notify the incoming user, the current user and the network
operator that the requested transfer is cancelled.
{Note: An incoming user wishing to reinitiate a
requested transfer that has been cancelled must lodge a
new transfer request.}
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Division 3.3.8 – The transfer takes effect
102. Requirements for a transfer confirmation
A transfer confirmation must specify at least the following
information:
(a)
the MIRN; and
(b)
the transfer day.
103. The transfer
(1)
If:
(a)
a transfer is pending for a basic-metered delivery point; and
(b)
REMCo receives metering data under rule 158 that contains
an actual value for the delivery point:
(i)
within the allowable period; and
(ii)
which would result in the transfer day being on or after
the earliest transfer day,
then:
(c)
the transfer takes effect as from the transfer time; and
{Note: The transfer day is the gas day upon which the
meter reading that generated the actual value is
obtained. The incoming user is responsible for all
transportation and haulage charges to and all gas
withdrawals from the delivery point from the beginning
of the transfer day.}
{Note: Upon accepting a meter reading under rule
103(1)(b), REMCo must update the REMCo registry
under rule 52(a).}
(d)
REMCo must give a transfer confirmation to the incoming
user, the network operator and the current user by the
following time:
(i)
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if REMCo receives metering data under rule
103(1)(b) before close of business on a day — then
before the start of the gas day on the next day; and
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(ii)
otherwise — before the start of the gas day two days
after the receipt of metering data under rule
103(1)(b).
{Note: In parallel to the transfer process under
these rules, the incoming user needs to
negotiate with the network operator either to
agree suitable amendments to its haulage
contract to reflect the addition of a delivery
point, or to agree a haulage contract. These
matters are dealt with under the Access
Arrangement. The incoming user may need to
deal with other matters as well, such as
licensing.}
(2)
(3)
(4)
If:
(a)
a transfer is pending for an interval-metered delivery point
then the transfer takes effect as from the transfer time; and
(b)
REMCo must forthwith give a transfer confirmation to the
incoming user, the network operator and the current user
after the transfer time.
Upon receipt of the transfer confirmation under rule 103(1)(d)(i)
or 103(2)(b) (as the case may be), the network operator must:
(a)
with effect from the transfer time, record the incoming user
in the network information system as the entity which is
withdrawing gas at the delivery point; and
(b)
within 24 hours provide to the incoming user:
(i)
the MIRN standing data and the meter standing data;
and
(ii)
for a basic-metered delivery point only, the index
reading from the metering data REMCo received for
the delivery point under rule 158, as referred to in
rule 103(1)(b).
There is no rule 103(4)
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Part 3.4 – Retailer of Last Resort Scheme
104. Retailer of last resort scheme
(1)
There is no rule 104(1)
(2)
REMCo and participants must comply with the ROLR scheme.
(3)
There is no rule 104(3).
(4)
If REMCo receives notice from the ROLR administrator that the
ROLR administrator has invoked the ROLR scheme, REMCo must:
(a)
immediately notify each participant that:
(i)
the ROLR scheme has been invoked; and
(ii)
REMCo’s information system will be closed under this
rule 104; and
(iii)
REMCo will cease receiving all transactions,
from a specified time and date; and
(b)
on the ROLR transfer day notified by the ROLR administrator
close, and cease receiving all transactions to, REMCo’s
information system, (which for the purposes of these rules
constitutes permitted down time); and
(c)
during the permitted down time under rule 104(4)(b) and
subject to rule 22(3):
(i)
cancel all open requested transfers to or from the
ROLR event user; and
(ii)
cancel any open error correction notice that had been
initiated by the ROLR event user and provide the
reason for the cancellation; and
(iii)
with effect from the ROLR transfer time, amend the
REMCo registry for each delivery point at which the
customer is a small use customer where the ROLR
event user is the current user, so that the ROLR is
recorded as the current user;
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{Note: REMCo will cancel all open requested
transfers and error correction notices via the use
of normal aseXML transactions, as applicable
under rules 97 and 42 respectively, prior to
REMCo issuing a ROLR event notification to the
Market. This is so that the network operator can
carry out the required background processes to
facilitate the ROLR process.
Full details
regarding the implementation of the ROLR
process are contained in the REMCo Business
Specification document. }
and
(d)
(5)
(6)
use reasonable endeavours to end the permitted down time
under rule 104(4)(b), and re-open the REMCo information
system as soon as practicable.
As soon as practicable after re-opening the REMCo information
system, and in any event within 1 business day of the ROLR
transfer day, REMCo must:
(a)
notify all participants of the ROLR transfer day;
(b)
provide to each participant, a report of all cancelled
requested transfers involving the participant and the ROLR
event user;
(c)
provide to each network operator a notice listing all of the
network operator’s delivery points which were transferred to
the ROLR under rule 104(4)(c)(i); and
(d)
provide the ROLR, in accordance with rule 23(5), with the
bulk REMCo standing data for the delivery points that were
transferred to the ROLR under rule 104(4)(c)(i).
Within 5 business days after receiving notice under rule 104(5)(c),
a network operator must for each delivery point specified in the
notice.
(a)
with effect from the ROLR transfer time, record the ROLR in
the network information system as the entity which is
withdrawing gas at the delivery point; and
(b)
promptly provide the ROLR with the MIRN standing data and
the meter standing data for each delivery point; and
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(c)
promptly provide the ROLR and REMCo with the estimated
value calculated by the network operator for the ROLR
transfer day.
(7)
For the purpose of rule 104(6), rules 79, 86(1) and 103(1) do not
apply, and REMCo may use an estimated value for all purposes
connected with a transfer to the ROLR.
(8)
As soon as practicable after receiving the estimated value under
rule 104(6)(c), REMCo must provide each participant with a list of
that participant’s delivery points and the information that relates
to each delivery point in the same format as that described in rule
23.
Part 3.5 – Disconnection and reconnection of delivery points
Division 3.5.1 – Disconnection by network operator
105. Disconnecting delivery points
(1)
A network operator:
(a)
may disconnect a delivery point when required to, or if not
prevented, by law or a contract other than these rules; and
(b)
must (subject to law) disconnect a delivery point if required
to under rule 107; and
(c)
must (subject to law), in response to a deemed request
under rule 82(b), if a requested transfer has been cancelled
by REMCo after the network operator reconnected a delivery
point under rule 117(1)(c), disconnect the reconnected
delivery point within 2 business days after the network
operator receives notification from REMCo under either rule
97(c) or 101(2)(b) that the transfer has been cancelled.
(2)
A user may at any time lodge a disconnection notice with the
network operator.
(3)
A disconnection notice:
(a)
must specify at least the following information:
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(b)
(4)
(5)
(i)
the MIRN; and
(ii)
the user’s GBO identification; and
if the user chooses  may specify the following additional
information:
(i)
the service order reference; and
(ii)
the reason for the disconnection.
A disconnection notice is valid only if:
(a)
the MIRN status is not deregistered; and
(b)
it is lodged by the current user; and
(c)
the delivery point is in the network operator’s sub-network.
If a disconnection notice was not lodged on a business day, then
the network operator must respond to the disconnection notice no
later than on the next business day as if the disconnection notice
was lodged on that business day.
106. If disconnection notice is not valid
Upon receipt of a disconnection notice which is not valid, subject
to rule 105(5), the network operator must immediately:
(a)
reject the disconnection notice; and
(b)
notify the participant that lodged the disconnection notice
that the disconnection notice has been rejected and provide
the reason why the disconnection notice is not valid.
107. If disconnection notice is valid
(1)
(2)
Upon receipt of a valid disconnection notice, subject to rule
105(5), a network operator must:
(a)
forthwith accept the disconnection notice; and
(b)
immediately notify the user that the disconnection notice
has been accepted.
Subject to rule 108(3), a network operator must (subject to law)
at the same time, within 2 business days after receiving a valid
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disconnection notice, disconnect and undertake a meter reading
of, and obtain the meter reading data for, the delivery point.
(3)
Within 2 business days of disconnecting a delivery point under rule
105(1) or 107(2), the network operator must:
(a)
calculate the actual value for the delivery point using the
information obtained under rule 107(2); and
(b)
change the MIRN status
decommissioned; and
(c)
notify the user that the MIRN is decommissioned and
provide the user with the metering data under rule 158, for
the meter reading undertaken in accordance with rule
107(2); and
(d)
lodge a disconnection confirmation notice with REMCo; and
(e)
provide REMCo with the metering data under rule 158, for
the meter reading undertaken in accordance with rule
107(2).
in
its
MIRN
database
to
{Note: Refer to Division 3.5.3 for the rules relating to
disconnection confirmation notices.}
108. Disconnection withdrawal notice
(1)
A user may at any time prior to the network operator
disconnecting a delivery point identified in a disconnection notice
lodge a disconnection withdrawal notice with the network
operator.
(2)
A disconnection withdrawal notice must specify at least the
following information:
(3)
(a)
the MIRN; and
(b)
the user’s GBO identification.
A disconnection withdrawal notice is valid only if:
(a)
it corresponds to an open disconnection notice previously
lodged with the network operator; and
(b)
it is lodged by the current user.
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(4)
If a disconnection withdrawal notice was not lodged on a business
day, then the network operator must respond to the disconnection
withdrawal notice no later than on the next business day as if the
disconnection withdrawal notice was lodged on that business day.
109. If disconnection withdrawal notice is not valid
Upon receipt of a disconnection withdrawal notice which is not
valid, subject to rule 108(4), the network operator must
immediately:
(a)
reject the disconnection withdrawal notice; and
(b)
notify the participant that lodged the disconnection
withdrawal notice that the disconnection withdrawal notice
has been rejected and provide the reason why the
disconnection withdrawal notice is not valid.
110. If disconnection withdrawal notice is valid
Upon receipt of a valid disconnection withdrawal notice, subject to
rule 108(4), the network operator must forthwith:
(a)
accept the disconnection withdrawal notice; and
(b)
ascertain whether the delivery point has been disconnected,
and:
(i)
if the delivery point has been disconnected  must
immediately notify the user that the delivery point has
already been disconnected and therefore that the
disconnection withdrawal notice has been rejected;
and
(ii)
if the delivery point has not been disconnected  must
use reasonable endeavours to stop its disconnection
and promptly notify the user that the disconnection
withdrawal notice has been accepted and whether or
not the delivery point has been disconnected.
{Note: It may not be practicable to respond to a
disconnection withdrawal notice if the network
operator’s operator is already out in the field.}
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Division 3.5.2 There is no division 3.5.2
111. There is no rule 111
Division 3.5.3– Disconnection confirmation notice to REMCo
112. Disconnection confirmation notice
A disconnection confirmation notice must specify at least the
following information:
(a)
the MIRN; and
(b)
the GBO identification of the network operator lodging the
disconnection confirmation notice; and
(c)
the date on which the delivery point was disconnected.
113. Requirements for valid disconnection confirmation notice
A disconnection confirmation notice is valid only if:
(a)
the delivery point exists within the REMCo registry; and
(b)
it is lodged by the network operator who has an active GBO
identification; and
(c)
the MIRN status is not deregistered; and
(d)
the date on which the notice is received is on or after the
date on which the delivery point was disconnected;
(e)
there is no open disconnection confirmation notice or open
permanent removal confirmation notice for the delivery
point; and
(f)
the date the delivery point was disconnected did not occur
more than 425 days before the date the disconnection
confirmation notice was lodged.
114. If disconnection confirmation notice is not valid
Upon receipt of a disconnection confirmation notice which is not
valid, REMCo must immediately:
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(a)
reject the disconnection confirmation notice; and
(b)
notify the network operator that lodged the disconnection
confirmation notice that the disconnection confirmation
notice has been rejected and provide the reason why the
disconnection confirmation notice is not valid.
{Note: A network operator wishing to reinitiate a
disconnection confirmation notice that has been rejected
must lodge a new disconnection confirmation notice.}
115. If REMCo does not receive valid metering data
(1)
If REMCo does not receive valid metering data in accordance with
rule 107(3)(e) (as applicable) within 2 business days of receiving
a valid disconnection confirmation notice lodged under either rule
107(3)(d) in respect of the same delivery point, REMCo must
notify the network operator of this fact.
(2)
If REMCo does not receive valid metering data referred to in rule
115(1) within 7 business days of the date the valid disconnection
confirmation notice is received by REMCo, then REMCo must:
(a)
as soon as practicable cancel the disconnection confirmation
notice; and
(b)
promptly notify the network operator that lodged the
disconnection confirmation notice that the disconnection
confirmation notice has been cancelled and the reason for
the cancellation.
{Note: A network operator wishing to reinitiate a
disconnection confirmation notice that has been
cancelled must lodge a new disconnection confirmation
notice.}
116. If disconnection confirmation notice is valid and valid metering data
has been received
(1)
Subject to rule 116(2), upon receipt of both a valid disconnection
confirmation notice lodged under rule 107(3)(d) and valid
metering data in accordance with rule 107(3)(e) (as applicable),
REMCo must:
(a)
forthwith accept the disconnection confirmation notice; and
(b)
promptly notify the network operator that the disconnection
confirmation notice has been accepted.
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{Note:
Upon accepting a valid disconnection
confirmation notice under rule 116(1) and receiving
valid metering data in accordance with rule 107(3)(e)
(as applicable), REMCo must update the REMCo registry
under rule 51(b) by changing the MIRN status to
decommissioned and provide the user and network
operator with the REMCo standing data for the delivery
point under rule 53.}
(2)
Before accepting a valid disconnection confirmation notice under
rule 116(1), if:
(a)
in respect of the same delivery point there is an open
reconnection confirmation notice when REMCo receives a
valid disconnection confirmation notice and valid metering
data as referred to under rule 116(1); and
(b)
the date of reconnection in the reconnection confirmation
notice is the same date as the date of disconnection in the
disconnection confirmation notice,
then, upon receiving valid metering data in accordance with rule
107(3)(e) (as applicable), REMCo must:
(a)
cancel both the open reconnection confirmation notice and
the disconnection confirmation notice; and
(b)
notify the network operator that the reconnection
confirmation notice and the disconnection confirmation
notice have been cancelled.
{Note:
Due to REMCo cancelling both the open
reconnection confirmation notice and the disconnection
confirmation notice, REMCo is not required to update the
REMCo registry under rule 51(b) because REMCo has not
accepted the disconnection confirmation notice.
Therefore no change will be made in the REMCo registry
to the MIRN status of the delivery point. Refer also to
corresponding rule 124(2).}
Division 3.5.4 – Reconnection by network operator
117. Reconnecting delivery points
(1)
A network operator:
(a)
may reconnect a delivery point when required to, or if not
prevented, by law or a contract other than these rules; and
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(b)
must (subject to law) reconnect a delivery point if required
to under rule 119; and
(c)
must (subject to law), in response to a deemed request
under rule 82(a), if a transfer has been marked as pending
by REMCo under rule 100 for a disconnected delivery point,
reconnect the delivery point either:
(i)
on the earliest transfer day nominated in the transfer
request for the delivery point, if the network operator
receives notification under rule 100(2)(d) that the
transfer has been marked as pending at least 2
business days before earliest transfer day; or
(ii)
otherwise, within 2 business days after the network
operator receives notification under rule 100(2)(d)
that the transfer has been marked as pending.
(2)
A user may at any time lodge a reconnection notice with a network
operator.
(3)
A reconnection notice:
(a)
(b)
(4)
(5)
must specify at least the following information:
(i)
the MIRN; and
(ii)
the user’s GBO identification; and
if the user chooses  may specify the service order
reference.
A reconnection notice is valid only if:
(a)
the MIRN status is decommissioned; and
(b)
it is lodged by the current user; and
(c)
the delivery point is in the network operator’s sub-network.
If a reconnection notice was not lodged on a business day, then
the network operator must respond to the reconnection notice no
later than on the next business day as if the reconnection notice
was lodged on that business day.
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118. If reconnection notice is not valid
Upon receipt of a reconnection notice which is not valid, subject
to rule 117(5), the network operator must immediately:
(a)
reject the reconnection notice; and
(b)
notify the participant that lodged the reconnection notice
that the reconnection notice has been rejected and provide
the reason why the reconnection notice is not valid.
119. If reconnection notice is valid
(1)
Upon receipt of a valid reconnection notice, subject to rule 117(5),
a network operator must:
(a)
forthwith accept the reconnection notice; and
(b)
immediately notify the user that the reconnection notice has
been accepted.
(2)
A network operator must (subject to law) at the same time, within
2 business days after receiving a valid reconnection notice,
reconnect the delivery point and undertake a meter reading of,
and obtain the meter reading data for, the delivery point.
(3)
Within 2 business days of reconnecting a delivery point under rule
117(1) or 119(2), the network operator must:
(a)
calculate the actual value for the delivery point using the
information obtained under rule 119(2); and
(b)
change the MIRN
commissioned; and
(c)
notify the user that the MIRN is commissioned and provide
the user with the metering data under rule 158 for the meter
reading undertaken in accordance with rule 119(2).
(d)
lodge a reconnection confirmation notice with REMCo; and
(e)
provide REMCo with the metering data under rule 158 for
the meter reading undertaken in accordance with rule
119(2).
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Division 3.5.5 – Reconnection confirmation notice to REMCo
120. Reconnection confirmation notice
A reconnection confirmation notice must specify at least the
following information:
(a)
the MIRN; and
(b)
the GBO identification of the network operator lodging the
notice; and
(c)
the date on which the delivery point was reconnected again.
121. Requirements for valid reconnection confirmation notice
A reconnection confirmation notice is valid only if:
(a)
the delivery point exists within the REMCo registry; and
(b)
it is lodged by the network operator who has an active GBO
identification; and
(c)
the MIRN status is not deregistered; and
(d)
the date on which the reconnection confirmation notice is
received is on or after the date on which the delivery point
was reconnected;
(e)
there is no open reconnection confirmation notice or open
permanent removal confirmation notice; and
(f)
the date the delivery point was reconnected did not occur
more than 425 days before the date the reconnection
confirmation notice was lodged.
122. If reconnection confirmation notice is not valid
Upon receipt of a reconnection confirmation notice which is not
valid, REMCo must immediately:
(a)
reject the reconnection confirmation notice; and
(b)
notify the network operator that lodged the reconnection
confirmation notice that the reconnection confirmation
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notice has been rejected and provide the reason why the
reconnection confirmation notice is not valid.
{Note: A network operator wishing to reinitiate a
reconnection confirmation notice that has been rejected
must lodge a new reconnection confirmation notice.}
123. If REMCo does not receive valid metering data
(1)
If REMCo does not receive valid metering data in accordance with
rule 119(3)(e) within 2 business days of receiving a valid
reconnection confirmation notice lodged under rule 119(3)(d) in
respect of the same delivery point, REMCo must notify the network
operator of this fact.
(2)
If REMCo does not receive valid metering data referred to in rule
123(1) within 7 business days of the date the valid reconnection
confirmation notice is received by REMCo, then REMCo must:
(a)
as soon as practicable cancel the reconnection confirmation
notice; and
(b)
promptly notify the network operator that lodged the
reconnection confirmation notice that the reconnection
confirmation notice has been cancelled and the reason for
the cancellation.
{Note: A network operator wishing to reinitiate a
reconnection confirmation notice that has been
cancelled must lodge a new reconnection confirmation
notice.}
124. If reconnection confirmation notice is valid and valid metering data has
been received
(1)
Subject to rule 124(2), upon receipt of both a valid reconnection
confirmation notice lodged under rule 119(3)(d) and valid
metering data in accordance with rule 119(3)(e), REMCo must:
(a)
forthwith accept the reconnection confirmation notice; and
(b)
promptly notify the network operator that the reconnection
confirmation notice has been accepted.
{Note:
Upon accepting a valid reconnection
confirmation notice under rule 124 and receiving valid
metering data in accordance with rule 119(3)(e), REMCo
must update the REMCo registry under rule 51(c) by
changing the MIRN status to commissioned and provide
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the user and network operator with the REMCo standing
data for the delivery point under rule 53.}
(2)
Before accepting a valid reconnection confirmation notice under
rule 124(1), if:
(a)
in respect of the same delivery point there is an open
disconnection confirmation notice when REMCo receives a
valid reconnection confirmation notice and valid metering
data as referred to under rule 124(1); and
(b)
the date of disconnection in the disconnection confirmation
notice is the same date as the date of reconnection in the
reconnection confirmation notice,
then, upon receiving valid metering data in accordance with rule
119(3)(e), REMCo must:
(c)
cancel both the open disconnection confirmation notice and
the reconnection confirmation notice; and
(d)
notify the network operator that the disconnection
confirmation notice and the reconnection confirmation
notice have been cancelled.
{Note:
Due to REMCo cancelling both the open
disconnection confirmation notice and the reconnection
confirmation notice, REMCo is not required to update the
REMCo registry under rule 51(c) because REMCo has not
accepted the reconnection confirmation notice.
Therefore no change will be made in the REMCo registry
to the MIRN status of the delivery point. Refer also to
corresponding rule 116(2).}
Part 3.6 – Removing delivery points and deregistering MIRNs
Division 3.6.1 – Permanent removal by network operator
125. Permanently removing delivery points
(1)
A network operator:
(a)
may permanently remove a delivery point when required to,
or if not prevented, by law or a contract other than these
rules; and
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(b)
must (subject to law) permanently remove a delivery point
if required to under this rule 125.
(2)
Subject to rule 125(3), a user may at any time lodge a permanent
removal request with the network operator.
(3)
A user must not lodge a permanent removal request more than
20 business days before the date on which the user requires the
delivery point to be permanently removed.
(4)
A permanent removal request:
(a)
(b)
(5)
(6)
must specify at least the following information:
(i)
the MIRN; and
(ii)
the user’s GBO identification; and
(iii)
the earliest date that the delivery point can be
permanently removed; and
if the user chooses  may specify the service order
reference.
A permanent removal request is valid only if:
(a)
the MIRN status is commissioned or decommissioned; and
(b)
it relates to a delivery point in the network operator’s subnetwork; and
(c)
it is lodged by the current user; and
(d)
it is lodged within the time period allowed under rule 125(3).
If a permanent removal request was not lodged on a business day,
then the network operator must respond to the permanent
removal request no later than on the next business day as if the
permanent removal request was lodged on that business day.
126. If permanent removal request is not valid
Upon receipt of a permanent removal request which is not valid,
subject to rule 125(6), a network operator must immediately:
(a)
reject the permanent removal request; and
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(b)
notify the participant that lodged the permanent removal
request that the permanent removal request has been
rejected and provide the reason why the permanent removal
request is not valid.
{Note: A user wishing to reinitiate a permanent removal
request that has been cancelled must lodge a new
permanent removal request.}
127. If permanent removal request is valid
(1)
Upon receipt of a valid permanent removal request, subject to rule
125(6), a network operator must (subject to law):
(a)
forthwith accept the permanent removal request; and
(b)
immediately notify the user that the permanent removal
request has been accepted; and
(c)
permanently remove the delivery point and, if there is a
meter installed at the delivery point, at the same time
undertake a meter reading of, and obtain the meter reading
data for, the delivery point, on the later of:
(i)
the date requested
125(4)(a)(iii); or
by
the
user
under
(ii)
5 business days after receiving the permanent
removal request.
rule
{Note: The reason that there may not be a meter installed at
the delivery point is that it may previously have been removed
in the course of a disconnection.}
(2)
As soon as practicable after a delivery point has been permanently
removed under rule 125(1) or rule 127(1)(c), and in any event
within 5 business days, the network operator must:
(a)
calculate the actual value for the delivery point using the
information obtained under rule 127(1)(c); and
(b)
change the MIRN status to deregistered; and
(c)
notify the user that the delivery point has been permanently
removed; and
(d)
lodge a permanent removal confirmation notice with REMCo;
and
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(e)
provide REMCo and the user with the metering data under
rule 158 from, as applicable:
(i)
the meter reading undertaken under rule 127(1)(c);
or
(ii)
if there was no meter installed at the delivery point,
the meter reading undertaken under rule 107(2) when
the meter was removed.
Division 3.6.2 – Permanent removal confirmation notice to REMCo
128. Permanent removal confirmation notice
A permanent removal confirmation notice must specify at least the
following information:
(a)
the MIRN; and
(b)
the GBO identification of the network operator lodging the
notice; and
(c)
the date on which the delivery point was permanently
removed.
129. Requirements for valid permanent removal confirmation notice
A permanent removal confirmation notice is valid only if:
(a)
the delivery point exists within the REMCo registry; and
(b)
it is lodged by the network operator who has an active GBO
identification; and
(c)
the MIRN status is commissioned or decommissioned;
(d)
the date on which the notice is received is on or after the
date on which the delivery point was permanently removed;
and
(e)
the date the delivery point was permanently removed did
not occur more than 425 days before the date the
permanent removal confirmation notice was lodged.
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130. If permanent removal confirmation notice is not valid
Upon receipt of a permanent removal confirmation notice which is
not valid, REMCo must immediately:
(a)
reject the permanent removal confirmation notice; and
(b)
notify the network operator that lodged the permanent
removal confirmation notice that the permanent removal
confirmation notice has been rejected and provide the
reason why the permanent removal confirmation notice is
not valid.
{Note: A network operator wishing to reinitiate a
permanent removal confirmation notice that has been
rejected must lodge a new permanent removal
confirmation notice.}
131. If REMCo does not receive valid metering data
(1)
If REMCo does not receive valid metering data in accordance with
rule 127(2)(e) within 5 business days of receiving a valid
permanent removal confirmation notice lodged under rule
127(2)(c) in respect of the same delivery point, REMCo must
notify the network operator of this fact.
(2)
If REMCo does not receive valid metering data referred to in rule
131(1) within 10 business days of the date the valid permanent
removal confirmation notice is received by REMCo, then REMCo
must:
(a)
as soon as practicable cancel the permanent removal
confirmation notice; and
(b)
promptly notify the network operator that lodged the
permanent removal confirmation notice that the permanent
removal confirmation notice has been cancelled and the
reason for the cancellation.
{Note: A network operator wishing to reinitiate a
permanent removal confirmation notice that has been
cancelled must lodge a new permanent removal
confirmation notice.}
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132. If permanent removal confirmation notice is valid and valid metering
data has been received
Upon receipt of both a valid permanent removal confirmation
notice lodged under rule 127(2)(c) and valid metering data in
accordance with rule 127(2)(e), REMCo must:
(a)
forthwith accept the permanent removal confirmation
notice; and
(b)
promptly notify the network operator that the permanent
removal confirmation notice has been accepted.
{Note: Upon accepting a valid permanent removal
confirmation notice under rule 132 and receiving valid
metering data in accordance with rule 127(2)(e), REMCo
must update the REMCo registry under rule 51(d) by
changing the MIRN status to deregistered and provide
the user and network operator with the REMCo standing
data for the delivery point under rule 53.}
Division 3.6.3 – Deregistering MIRNs
133. Effect of permanent removal
(1)
(2)
Upon accepting a valid permanent removal confirmation notice
under rule 132, REMCo must:
(a)
forthwith cancel all open transactions in respect of the
delivery point; and
(b)
promptly notify all affected parties of the cancellation.
Subject to Division 2.2.3, a MIRN with a MIRN status of
deregistered must never be given another MIRN status.
{Note: Rule 133(2) renders irreversible the process of removing
a delivery point and deregistering a MIRN, except if a valid error
correction notice has been accepted by REMCo under rule 35(a)
in respect of an incorrect permanent removal confirmation
notice. If no valid error correction notice has been accepted by
REMCo, then if gas supply is to be recommenced at the delivery
address, a new MIRN must be assigned.}
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Chapter 4 – Metering
Part 4.1 – Metering Equipment
134. Network operator must provide meters
(1)
A network operator must provide, install, operate and maintain a
meter at each delivery point within its GDS in accordance with all
applicable laws.
(2)
Upon installation of a meter at a delivery point under rule 134(1),
the network operator must provide the user with the meter
standing data and MIRN standing data for the delivery point before
providing the metering data under rule 158.
135. Basic meters
A network operator must as a reasonable and prudent person
ensure that a basic meter remains at all times capable of
aggregating the flow of gas across time.
136. Units for basic meters
A basic meter must be calibrated so that each unit of its index
reading equates to a gas delivery of either:
(a)
if the meter is a metric one, one actual cubic metre (that is,
a cubic metre not corrected for altitude, temperature or
pressure); or
(b)
if the meter is an imperial one, one hundred actual cubic
feet (that is, cubic feet not corrected for altitude,
temperature or pressure).
{Note: The conversion between metric and imperial units is dealt
with in rule 6.}
137. Interval meters
A network operator must as a reasonable and prudent person
ensure that an interval meter remains:
(a)
capable of being read by means of telemetry in order to
satisfy the requirements of these rules; and
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(b)
at all times capable of aggregating the flow of gas across
time, and recording that flow for each hour.
138. Network operator to identify sites which consumed more than 10 TJ/a
(1)
There is no rule 138(1).
(2)
The network operator must, at least once every 6 months, assess
each basic-metered delivery point in each of its sub-networks to
determine whether the quantity of gas delivered to the delivery
point in the year immediately preceding the day of assessment
exceeded 10 TJ, and if so the network operator must notify REMCo
and the user of its assessment and of the quantity of gas delivered
during the year in respect of those basic-metered delivery points
where the quantity of gas delivered to the delivery point exceeded
10 TJ.
139. REMCo to determine whether interval meter must be fitted at a basicmetered site
(1)
There is no rule 139(1).
(2)
The object of this rule 139 is to ensure that each delivery point at
which the customer’s consumption of gas is greater than 10 TJ a
year has an interval meter fitted, in order to ensure that the
allocation regime in Part 5.6 operates equitably.
(3)
If the network operator gives notice under rule 138 in respect of
a delivery point, then within 2 months after the date of that notice
REMCo must:
(4)
(a)
consult with the user regarding its likely future gas demand
at the delivery point; and
(b)
make an “above 10 TJ determination”, if in REMCo’s
opinion the gas deliveries to the delivery point are likely to
exceed 10 TJ in the year immediately following the day of
determination, and otherwise make a “below 10 TJ
determination”; and
(c)
promptly notify the user of REMCo’s determination under
rule 139(3)(b).
If REMCo makes an above 10 TJ determination under rule
139(3)(b), then the user must initiate the procedure for the
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installation of an interval meter in accordance with these rules and
its other obligations including its haulage contract.
(5)
The user must comply with rule 139(4) as quickly as reasonably
practicable and in any event within 10 business days, unless the
user appeals REMCo’s determination to the compliance panel
under rule 331, in which case Chapter 6 applies, and if the
determination of the compliance panel leaves the user still obliged
to comply with rule 139(4), it must do so as quickly as reasonably
practicable, and in any event within 10 business days, after the
date of the determination.
140. REMCo to determine whether a delivery point may be converted to a
basic-metered delivery point as a result of a reduction in gas usage
(1)
There is no rule 140(1).
(2)
If a user believes that its customer is not likely to consume more
than 10 TJ of gas in a 12 month period at an interval-metered
delivery point, the user may request REMCo to determine that it
would be consistent with the object in rule 139(1) for the user to
no longer have an interval meter at the delivery point, in which
case REMCo must:
(3)
(a)
consult with the user regarding its likely future gas demand;
and
(b)
make an “above 10 TJ determination”, if in REMCo’s
opinion the gas deliveries to the delivery point are likely to
exceed 10 TJ in the year immediately following the day of
determination, and otherwise make a “below 10 TJ
determination”; and
(c)
promptly notify the user of REMCo’s determination under
rule 140(2)(b).
If REMCo makes a below 10 TJ determination under rule 140(2)(b)
then the user may negotiate with the network operator regarding
the conversion of the interval meter to a basic meter under its
haulage contract.
{Note: The user must continue to pay for the cost of the interval meter
through the user-specific charges under its haulage contract, if required by
the terms of its haulage contract.}
{Note: This rule allows those customers who were required under the
“Interim Market Rules for 1 TJ and above Customers” dated 17 December
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2001 Rules (copies available from the Office of Energy) to have an interval
meter installed, but are consuming less than 10 TJ of gas in a 12 month
period, to request their user to arrange for the removal of the interval
meter.}
(4)
After removing an interval meter, a network operator must
provide the user with the meter standing data and MIRN standing
data for the delivery point before providing the metering data
under rule 158.
141. Metering upgrades
(1)
(2)
If a user requests a network operator to upgrade a basic meter at
a delivery point to an interval meter, the network operator must
upgrade that meter (and any associated data retrieval
infrastructure) within 20 business days after the day on which the
request was delivered to the network operator, or as agreed with
the user, but taking into account:
(a)
access to the meter being sufficient to install the interval
meter. The network operator must inform the user of any
access difficulties; and
(b)
other site constraints, including confined spaces, being
resolved.
If a user is required to initiate the procedure for the installation of
an interval meter under rule 139(4) and does not request a
network operator to install the interval meter under rule 141(1),
then (subject to rule 141(6)) the current user must:
(a)
advise the network operator that the user has made other
arrangements for the installation of the interval meter; and
(b)
ensure that the interval meter (and any associated data
retrieval infrastructure) is installed within 20 business days
after the day on which the user initiates the procedure for
the installation of the interval meter under rule 139(4), or
as otherwise agreed with the person installing the interval
meter, but taking into account:
(i)
access to the meter being sufficient to install the
interval meter; and
(ii)
other site constraints, including confined spaces,
being resolved; and
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(c)
notify the network operator after the interval meter has
been installed.
{Note: The processes of updating the MIRN database and the
REMCo registry after a meter upgrade are dealt with in rule 62 and
Division 2.2.2 respectively. Under rule 62 the network operator
remains responsible for updating the MIRN database, regardless of
who undertakes the meter installation.}
(3)
Within 2 business days after receipt of notification under rule
141(2)(c) that an interval meter has been installed, the network
operator must commission the interval meter in accordance with
all applicable laws.
(4)
After either installing an interval meter under rule 141(1) or
commissioning an interval meter under rule 141(3) at a delivery
point, a network operator must provide the user with the meter
standing data and(subject to rule 141(6)) MIRN standing data for
the delivery point before providing the metering data under rule
158.
(5)
There is no rule 141(5)
(6)
Nothing in this rule 141 permits a user to do anything it is not
permitted by law or a contract other than these rules to do.
Part 4.2 – Meter reading requirements
Division 4.2.1 – Interval meters
142. Interval meters to be read daily
For each interval meter, the network operator must obtain the
meter reading data for a gas day daily after the end of the gas
day.
Division 4.2.2 – Basic meters – scheduled meter readings
143. Basic meters to be read in accordance with meter reading schedule
(1)
For each basic-metered delivery point, a network operator must:
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(a)
undertake a meter reading of the delivery point; and
(b)
receive the meter reading data into its network information
system,
on the date assigned to the reading day number for the delivery
point, unless the network operator and the user otherwise agree.
(2)
The date on which a network operator receives the meter reading
data under rule 143(1)(b) must be no more than 3 business days
after the date assigned to the reading day number for the delivery
point, unless the network operator and the user otherwise agree.
(3)
Within 36 months after the go-live date each network operator
must, in consultation with participants and to the standard of a
reasonable and prudent person, review its data management
systems to determine if they require upgrading to render them
capable of accepting meter reading data for part only of a meter
reading route and provide the outcome of that review to
participants.
144. Network operator to establish meter reading schedules
(1)
(2)
A network operator must:
(a)
by 31 August each year  provide each user with the meter
reading schedule for each GDS in which the user has a
haulage contract for the period commencing on the next 1
January; and
(b)
upon notification of a newly registered user under rule
22(2)(c)  provide the user with the current meter reading
schedule for each GDS in which the user has a haulage
contract.
The meter reading schedule for a GDS must:
(a)
cover a 12 month period starting on 1 January, and:
(b)
for each reading day number, specify the frequency of the
meter read; and
(c)
for each reading day number, set out the date or dates in
the 12 month period on which the network operator
proposes to read the meters whose MIRNs are assigned to
that reading day number.
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(3)
Subject to rule 148, the date specified for a delivery point under
rule 144(2)(c) for a reading day number must reflect the meter
reading frequency agreed between the network operator and the
user.
145. Amendments to meter reading schedule
(1)
(2)
A network operator may amend a meter reading schedule at any
time, but the network operator must as far as practicable:
(a)
consult with each affected user before doing so;
(b)
give each affected user at least as much notice of the
proposed change for a delivery point, as the interval under
the meter reading schedule between two meter readings for
the delivery point; and
(c)
endeavour to minimise the number of amendments made to
a meter reading schedule after it has been issued under rule
144(1).
A user for a delivery point may at any time request the network
operator to change the date in a meter reading schedule or the
frequency of the meter reading of a delivery point, and the
network operator must endeavour to comply with all reasonable
requests made by a user if practicable.
146. There is no rule 146
Division 4.2.3 – Basic meters – special meter readings
147. Special meter readings (basic meters only)
(1)
A user may request the network operator to undertake a special
meter reading of a basic meter, on a business day specified in the
request which is at least 2 business days after the day on which
the network operator receives the request.
{Note: For example, if the request is lodged with a network operator at 11.59
pm on Monday, the earliest day on which the user can specify the special
meter reading to be undertaken, is Wednesday. If a request is lodged with
a network operator at 10am on Thursday, the earliest day on which the user
can specify the special meter reading to be undertaken, is the following
Monday.}
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(2)
(3)
The network operator must undertake a special meter reading
requested under rule 147(1), and obtain the meter reading data,
on the business day specified in the request, (which must be at
least 2 business days after the day on which the network operator
receives the request), and must:
(a)
provide the metering data to the user under rule 147(3); or
(b)
if the network operator was unable to undertake a special
meter reading — inform the current user of this fact and
provide the reason why the meter reading data could not be
obtained.
If the request under rule 147(1) is made by:
(a)
the current user — then the network operator must, in
accordance with the timing in rule 158, provide the user with
the metering data under rule 160; and
(b)
any other user — then (subject to rules 65(2)(a)(iii) and
103(3)(b)(ii)) the network operator must not provide the
user with the metering data for the delivery point received
as a result of undertaking the special meter reading.
(4)
Nothing in rule 147(3)(b) limits the network operator from
informing the user that no meter reading data was obtained
because the network operator was unable to undertake a special
meter reading.
(5)
To avoid doubt, nothing in rule 147(3) (including rule 147(3)(b))
affects a user’s liability, if any, to pay for a special meter reading.
Division 4.2.4 – Basic meters – deemed meter readings
148. Deemed meter reading (basic meters only)
(1)
If a meter reading for a basic-metered delivery point that
generated an actual value was undertaken no more than 10 days
before the date of move in, then (subject to rule 148(2)) on the
date of move in:
(a)
the network operator must determine a “deemed meter
reading” which is a meter reading deemed to have occurred
on the day of the move in; and
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(b)
(2)
provide the metering data from the deemed meter reading
to REMCo.
For the purposes of providing the metering data and calculating
the energy value for a deemed meter reading, a network operator
must use the most recent index reading from the meter reading
which occurred no more than 10 days before the move in to
calculate the actual value under rule 155.
Division 4.2.5 – Basic meters – annual meter reading requirement
149. Basic meters to have at least one meter reading that generates an
actual value per year
(1)
For each basic meter, the network operator must undertake a
meter reading that generates an actual value at least once in any
12-month period.
(2)
A user must assist a network operator to comply with the network
operator’s obligation under rule 149(1), including if the network
operator is unable to access the meter to undertake a meter
reading and obtain the meter reading data, by assisting the
network operator to obtain access to the meter at the next
scheduled meter reading or special meter reading.
(3)
There is no rule 149(3)
(4)
If the network operator has been unable to obtain a meter reading
for a basic-metered delivery point that generates an actual value
during a 12-month period, then 45 days after the end of the 12month period, the network operator may request the user to lodge
a disconnection notice under rule 105(2).
(5)
Unless otherwise agreed with the network operator and subject to
law, a user must lodge a disconnection notice within 10 business
days of the network operator’s request under rule 149(3).
(6)
If a user does not lodge a disconnection notice within the time
specified under rule 149(5), the network operator may disconnect
the delivery point under rule 107 as if the network operator had
received a valid disconnection notice from the user.
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(7)
Nothing in this rule 149 detracts from a network operator’s
obligations to undertake meter readings under rule 143 and as
required by law or a contract other than these rules.
(8)
Nothing in this rule 149 permits a person to do anything it is not
permitted by law to do.
Division 4.2.6 – Meter reading by entity other than network operator
150. Meter reading activities by another entity
{Note: These rules assume that all activities relating to meter reading, and
meter reading data, for delivery points are undertaken by the network
operator. This rule is included to facilitate changes should that assumption
no longer be correct.}
(1)
(2)
If a person other than a network operator is to undertake activities
relating to meter reading, or metering data, for delivery points,
then REMCo, the network operator and all affected participants
must work cooperatively to agree either or both of:
(a)
suitable procedures to accommodate the fact; or
(b)
suitable changes to these rules for submission under
Chapter 9.
Nothing in this rule 150 permits a person to do anything it is not
permitted by law or a contract other than these rules to do.
Part 4.3 – Gate point metering data
151. Pipeline operators to provide physical gate point metering data
(1)
Subject to rule 151(4), for each physical gate point for each gas
day, the pipeline operator must provide to the network operator
as soon as reasonably practicable after the end of the gas day,
but in any event, no later than 2.5 hours after the end of the gas
day, for the gas day and each hour in the gas day, at least two of
the following:
(a)
energy inflow; and
(b)
daily flow weighted average heating value; and
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{Note: The data for each hour in the gas day provided under rule
151(1)(b) will be the daily flow weighted average heating value.}
(c)
volumetric inflow.
(2)
Before providing the data under rule 151(1), the pipeline operator
must ensure that the data does not contain any obvious errors or
omissions.
(3)
If a pipeline operator’s physical gate point metering data is
amended at any time after the data is provided under rule 151(1)
(including if the data is refined or verified), the pipeline operator
must provide the amended physical gate point metering data to
the network operator as soon as reasonably practicable.
(4)
A pipeline operator is not required to provide the physical gate
point metering data for a physical gate point if:
(a)
less than 10 TJ of gas was injected at the physical gate point
in the immediately preceding 12 month period; and
(b)
at the commencement of these rules there was insufficient
telemetry installed at the physical gate point to permit the
physical gate point metering data to be remotely accessed
on a daily basis.
152. Network operator to provide gate point metering data to REMCo for
each gate point
(1)
(2)
Subject to rule 152(5) the network operator must:
(a)
subject to rule 152(4) aggregate the physical gate point
metering data provided under rule 151(1), for each of the
relevant gas days and for each hour in each of the relevant
gas days, in each case across all physical gate points
associated with the sub-network (the aggregated hourly and
daily data being the “gate point metering data”); and
(b)
provide to REMCo as soon as reasonably practicable after
receiving the physical gate point metering data from the
pipeline operator under rule 151(1), but in any event, no
later than 3.5 hours after the end of the gas day the gate
point metering data.
If the network operator receives amended physical gate point
metering data under rule 151(3) at any time (including if the data
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is refined or verified), the network operator must as soon as
reasonably practicable:
(3)
(a)
aggregate the amended physical gate point metering data
for each of the gas days for which amended physical gate
point metering data was provided in accordance with rule
152(1)(a); and
(b)
provide to REMCo the amended gate point metering data
determined under rule 152(2)(a).
If for any reason (including the operation of rule 151(4)) the
network operator does not receive the physical gate point
metering data within the time specified in rule 151(1), then the
network operator must:
(a)
as a reasonable and prudent person, estimate the gate point
metering data, for the gas day and each hour in the gas day,
for each gate point;
(b)
there is no clause 152(3)(b);
(c)
provide the estimate to REMCo within3.5 hours after the end
of the gas day.
{Note: If after complying with its obligation under rule
152(1) or rule 152(2) the network operator becomes aware
of a manifest error in the data it has provided then the
network operator may notify REMCo under rule 301A(1).}
(4)
If the network operator receives physical gate point metering data
aggregated across a period of more than one gas day, then
the network operator must, as a reasonable and prudent person,
apportion the physical gate point metering data across each gas
day in the period for which the physical gate point metering data
was provided.
(5)
There is no rule 152(5).
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Part 4.4 – Metering Data
Division 4.4.1 – Verification guidelines for metering data
153. Verification of meter reading data
A network operator must verify the meter reading data obtained
from the meter or meters at a delivery point in accordance with
the applicable verification guidelines set out in Appendix 2, before
providing metering data under this Part 4.4.
Division 4.4.2 – Calculation of energy value
154. Energy value
A network operator must calculate the energy value in accordance
with rules 155 to 157, before providing metering data under this
Part 4.4.
155. Actual values
(1)
(2)
A network operator must calculate an actual value if:
(a)
the network operator has obtained meter reading data for
the delivery point since the previous meter reading of the
delivery point; and
(b)
the network operator is able to verify the meter reading data
under rule 153; and
(c)
the network operator does not otherwise suspect an error in
the meter reading data, the heating value or other
associated data.
An “actual value” is a value for the total energy quantity of gas
delivered at a delivery point (in megajoules) during the metering
period, which is calculated by the network operator using meter
reading data actually obtained from the meter or meters at the
delivery point.
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156. Estimated values
(1)
A network operator must calculate an estimated value if any one
or more of the following applies in relation to a scheduled meter
reading:
(a)
the network operator has not obtained meter reading data
for the delivery point since the previous meter reading of
the delivery point; or
(b)
the network operator is unable to verify the meter reading
data; or
(c)
the network operator otherwise suspects an error in the
meter reading data, the heating value or other associated
data.
(2)
An “estimated value” is a value for the total energy quantity of
gas delivered at a delivery point (in megajoules) during the
metering period, which is calculated by the network operator using
an estimation methodology set out in section 0 and 0 of Appendix
2.
(3)
If the network operator calculates the energy value for a delivery
point based upon an estimated value, then:
(a)
the network operator (acting as a reasonable and prudent
person) may replace the estimated value with:
(i)
a substituted value; or
(ii)
if the network operator (acting as a reasonable and
prudent person) determines that it has grounds for
calculating a more accurate estimated value — the
further estimated value;
and
(b)
for the purposes of rule 156(3)(a)(ii), the network operator
(acting as a reasonable and prudent person) must consider
any reasonable request from a current user for an estimated
value to be changed.
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157. Substituted values
(1)
If at any time a network operator determines that there is no
possibility of calculating an actual value for a delivery point, then
the network operator must designate an estimated value for the
delivery point to be a “substituted value” for the delivery point.
{Examples: A substituted value may be required:
(a) for a basic meter, if the index of the meter has become unreadable, or
the meter is destroyed; and
(b) for an interval meter, if the flow computer or associated meter
equipment has been destroyed; and
(c) for an interval meter, if the flow computer or associated meter
equipment is faulty, but not destroyed.}
(2)
If these rules require the use or provision of an actual value, then
a substituted value may be used or provided instead.
(3)
If the network operator has designated a substituted value for a
delivery point, then:
(a)
the network operator must:
(i)
repair or replace the meter, or one or more of its
components (as appropriate) at the delivery point
under rule 134; and
(ii)
for a basic meter, obtain the meter reading data then
promptly provide the reading date and index reading
obtained from the meter reading data for the delivery
point to the user and REMCo; or
(iii)
for an interval meter, promptly provide the meter
reading data for the delivery point to the user and
REMCo;
and
(b)
rules 156(3)(a)(ii) and 156(3)(b) apply in respect of the
estimated value which was designated to be the substituted
value.
{Note: The network operator may provide a further estimated
value upon which the substituted value is based, if requested by the
user or based upon more accurate information.}
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Division 4.4.3 – Timing for provision of metering data
158. Time for provision of metering data to current users and REMCo – basic
and interval meters
(1)
(2)
(3)
Subject to rules 158(2) and 159, a network operator must
provide:
(a)
to the user and REMCo (as the case may be) the metering
data for a basic-metered delivery point  by 5.00pm on the
business day after the network operator receives the meter
reading data (under rule 143 or as a result of a special meter
reading under rule 147); and
(b)
there is no rule 158(1b).
(c)
to REMCo the metering data for an interval-metered delivery
point  within 3.5 hours after the end of the gas day to
which the meter reading relates; and
(d)
to the user the metering data for an interval-metered
delivery point  within 4.5 hours after the end of the gas
day to which the meter reading relates.
If the network operator (acting as a reasonable and prudent
person) is not satisfied with its verification of the data by the time
specified in rule 158(1)(a), then:
(a)
it must by the time specified in rule 158(1)(a) provide the
data for those MIRNs that passed validation; and
(b)
it is permitted one further business day to either verify the
data for the remaining MIRNs and provide metering data
that contains an actual value, an estimated value or a
substituted value (as applicable).
If a network operator determines as a reasonable and prudent
person that it will not obtain meter reading data for even a single
delivery point on a meter reading route, the network operator
must notify each affected user of:
(a)
the failure to obtain any meter reading data; and
(b)
the affected MIRNs; and
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(c)
(4)
the likely ability to provide metering data for the MIRNs on
the meter reading route.
A notification under rule 158(3) must be given as soon as the
network operator makes the determination under rule 158(3), and
in any event must be given before close of business on the next
business day after the determination is made.
159. Changes to MIRN standing data and meter standing data relevant to
calculations
If, in relation to a delivery point, any of the following information
changes:
(a)
the MIRN status; and
(b)
the meter number; and
(c)
the meter type; and
(d)
the index type; and
(e)
the gas zone code; and
(f)
the pressure correction factor; and
(g)
for a basic meter — the number of dials,
then, the network operator must provide at least the updated item
of MIRN standing data or meter standing data (as applicable) to
the user, before providing the metering data under rule 158.
Division 4.4.4 – Content of metering data
160. Metering data for current users – basic and interval meters
(1)
For each occasion on which these rules require a network operator
to provide a current user with metering data for a basic-metered
delivery point, (except where the user has become the current
user as a result of a transfer taking effect under rule 103(1)(c)) it
must provide at least the following:
(a)
MIRN; and
(b)
meter type; and
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(c)
date of the previous meter reading; and
(d)
date of current meter reading; and
{Note: For a move-in, this may be the date on which the deemed
meter reading is deemed to have occurred by rule 148.}
(2)
(e)
index reading of the previous meter reading; and
(f)
current index reading; and
(g)
pressure correction factor; and
(h)
energy value type; and
(i)
heating value used to calculate the energy value under rule
160(1)(j); and
(j)
energy value; and
(k)
next scheduled meter reading date.
For each occasion on which these rules require a network operator
to provide a current user with metering data for an intervalmetered delivery point, it must provide at least the following:
(a)
MIRN; and
(b)
meter type;
(c)
date of current meter reading; and
(d)
energy value type; and
(e)
the heating value used for the gas day to calculate the
energy value of gas delivered; and
(f)
for each hour in the gas day, the energy value; and
(g)
the energy value.
161. Metering data for new connections – basic meters
For a new connection of a basic-metered delivery point under rule
65, the network operator must provide the user with at least the
following metering data:
(a)
MIRN; and
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(b)
meter type;
(c)
date of current meter reading; and
{Note: This may be the date on which the deemed meter reading
is deemed to have occurred by rule 148.}
(d)
current index reading; and
(e)
pressure correction factor; and
(f)
next scheduled meter reading date.
162. Metering data for REMCo – basic and interval meters
For each occasion on which these rules require a network operator
to provide REMCo with metering data, it must provide at least the
following (as applicable):
(a)
the MIRN; and
(b)
date of the previous meter reading; and
{Note: For an interval meter, the date of the previous meter
reading will be the previous gas day.}
(c)
date of current meter reading; and
(d)
energy value type; and
(e)
for a basic-metered delivery point  the energy value; and
(f)
for an interval-metered delivery point:
(i)
for each hour in the gas day, the energy value; and
(ii)
the energy value.
Division 4.4.5 – REMCo validation of metering data
163. Requirements for valid provision of metering data to REMCo
Provision of metering data to REMCo under rule 158 is valid only
if:
(a)
the delivery point exists within the REMCo registry; and
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(b)
it is provided by the network operator who has an active
GBO identification; and
(c)
the energy value is a positive number; and
(d)
the start and end dates of the metering period are valid
calendar dates; and
(e)
the start date of the metering period occurs before the end
date of the metering period; and
(f)
the start date of the metering period is:
(i)
the same date as the date of end of the previous
metering period for which REMCo received metering
data; or
(ii)
if there was no previous metering period, the same
date as the MIRN became commissioned as recorded
in the REMCo registry under rule 51(a); or
(iii)
the same date as the start date of the previous
metering period for which REMCo received metering
data and the end date of the current metering period
is also the same as the end date of the previous
metering period, if rule 164 applies; or
(iv)
the same date as the start date of the previous
metering period for which REMCo received metering
data, but the end date of the current metering period
is later than the end date of the previous metering
period.
{Note: For the purposes of rule 163 the start and end dates
of a metering period are the dates upon which a meter
reading is taken (bearing in mind that the meter reading is
deemed by rule 5 to have occurred at the start of the gas
day). For example, if a meter reading is taken at 1100
hours on 5 February and then another meter reading is
taken at 1600 hours on 8 March and another at 0900 hours
on 12 April, then:
(a) the start date of the first metering period is 5 February
and the end date is 8 March (and the metering data for
this metering period includes gas consumed on the 7
March gas day but not gas consumed on the 8 March
gas day); and
(b) the start date of the second metering period is 8 March
and the end date is 12 April (and the metering data
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includes gas consumed on the 11 April gas day but not
gas consumed on the 12 April gas day).}
(g)
the metering period is 425 or less days old; and
(h)
the metering period does not cover any period of time during
which the MIRN was deregistered.
164. Replacement of metering data in REMCo registry according to energy
value types
If REMCo receives metering data under rule 162 for a delivery
point more than once for the same metering period, REMCo must
replace the metering data in the REMCo registry if it receives
metering data for a previous metering period that contains a
better quality energy value as determined in accordance with the
following:
(a)
an estimated value may be replaced by any other energy
value; and
(b)
an actual value may be replaced by another actual value or
a substituted value; and
(c)
a substituted value may be replaced by another substituted
value.
165. If metering data is not valid
Upon receipt of metering data under rule 158 which is not valid,
REMCo must immediately:
(a)
reject the metering data; and
(b)
notify the network operator that lodged the metering data
that it has been rejected and provide the reason why the
metering data is not valid.
{Note: A network operator must re-send the metering data to
REMCo to comply with its obligations under rule 158.}
166. If metering data is valid
Upon receipt of a metering data under rule 158 that is valid,
REMCo must:
(a)
forthwith accept the metering data; and
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(b)
promptly notify the network operator that the metering data
has been accepted.
Division 4.4.6 – Historical metering data
166A. Explicit informed consent required
(1)
Before lodging a request with a network operator for historical
metering data or historical meter reading data for a delivery point
that relates to a period for which the user was not the current
user, a user must obtain the customer’s explicit informed consent
to the receipt by the user of the requested data.
{Note: The user should ensure that the customer’s consent extends to all
actions the user may need to undertake to complete the request for the
historical metering data or historical meter reading data.}
(2)
If at any time before the network operator has provided
information to a user under rule 167(4), a customer’s explicit
informed consent under rule 166A(1) ceases to apply (for example
because it is withdrawn), then the user must withdraw the request
to the extent that the request relied upon the customer’s explicit
informed consent.
(3)
If at any time after the network operator has provided information
to a user under rule 167(4), a customer’s explicit informed
consent under rule 166A(1) ceases to apply (for example because
it is withdrawn), then the user must not use the information for
any purpose and must to the extent reasonably practicable delete
all copies of the information.
167. Provision of historical metering data to user on request
(1)
Subject to rule 167(2), a user may request a network operator to
provide it with either or both of:
(a)
historical metering data; or
(b)
historical meter reading data,
for one or more of the user’s delivery points for a period specified
in the request.
(2)
By lodging a request under rule 167(1), the user represents and
warrants to the network operator that either:
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(a)
the requested data relates only to a period for which the
user was the current user; or
(b)
that the user has complied with rule 166A(1).
{Note: Under rule 376A(2), a breach of this warranty will expose
the user to liability for more than just direct damage.}
(3)
The user makes the warranty in rule 167(2) anew on each day
that the request under rule 167(1) is open.
(4)
Upon receipt of a reasonable request under rule 167(1), and
provided that the user has not withdrawn the request under rule
167(5), a network operator must provide the requested data to
the user within 5 business days.
(5)
A user may at any time before receiving the requested data under
rule 167(4), withdraw the request made under 167(1) by notifying
the network operator.
(6)
For the purposes of rule 167(4), reasonableness is to be judged
having regard to the aggregate impact on the network operator of
all of the user’s requests from time to time under rule 167(1).
(7)
The purpose of rule 167(1)(a) is for the network operator to assist
a user to restore or maintain the user’s databases; it is not
intended that the network operator in effect act as an archivist for
the user.
(8)
The purpose of rule 167(1)(b) is to give the user access to raw
meter reading data as reasonably required.
168. Archived historical metering data and historical meter reading data
(1)
(2)
A network operator must maintain or archive previous metering
data for each delivery point in its GDS:
(a)
in a readily accessible format for at least two years; and
(b)
after that for at least a further 5 years in a format which is
accessible within a reasonable period of time.
From the go-live date, the network operator must maintain or
archive previous meter reading data for each delivery point in its
GDS with an interval meter for at least 7 years in a format which
is accessible within 5 business days.
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Part 4.5 – Heating value data
169. Heating value data calculations
Each network operator must calculate the daily average flowweighted heating value for each gas zone in its sub-network.
170. Heating value data to be retained
A network operator must maintain or archive heating value data
for each gas zone in the network operator’s sub-network:
(a)
in a readily accessible format for at least 2 years; and
(b)
after that for at least a further 5 years in a format which is
accessible within a reasonable period of time.
171. Publication of heating value data
(1)
For each gas day, for each gas zone in a network operator’s subnetwork, the network operator must publish the daily flow
weighted average heating value data used for billing purposes for
delivery points in the gas zone.
(2)
A publication under rule 171(1) must be made:
(a)
available in electronic form that can be remotely accessed
for downloading by a participant; and
(b)
by noon on the next business day.
(3)
Data published under rule 171(1) must remain accessible under
rule 171(2)(a) for at least 12 months after the gas day.
(4)
Heating value data for a gas zone is not commercially sensitive or
confidential information.
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Chapter 5 - Allocation, Reconciliation and Swing
{Note: This Chapter 5 assumes that there will never be 3 or more pipelines
interconnected with a sub-network. If this assumption is to be violated, the
chapter will need amendment.}
Part 5.1 – Introduction
171A. Exemption for farm tap sub-networks and single pipeline subnetworks
(1)
(2)
This Chapter 5 does not apply in respect of:
(a)
there is no rule 171A(1)(a).
(b)
an uncovered sub-network.
If a network operator of a sub-network identified in rule 171A(1)
becomes aware that:
(a)
there is no rule 171A(2)(a).
(b)
in the case of an uncovered sub-network— it is proposed
that the sub-network become a covered pipeline as defined
in the National Gas Access (Western Australia) or subject to
any other third party access regime under a law or under an
instrument having effect under a law,
the network operator must advise REMCo of the proposal and
provide REMCo with information in reasonable detail regarding the
proposal at least 40 business days prior to an uncovered subnetwork becoming a covered pipeline as prescribed in rule
171A(2)(b), or prior to a covered sub-network becoming an
uncovered sub-network as prescribed under rule 171A(2)(c).
(3)
For a sub-network that is connected to a single pipeline:
(a)
Part 5.10, Part 5.11, Part 5.12 and Part 5.12A do not apply;
and
(b)
in each of the following rules, if applicable, the provisions in
relation to swing service, swing service providers and swing
service repayment quantities are to be disregarded:
(i)
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(ii)
rule 228;
(iii)
rule 246;
(iv)
rule 248;
(v)
rule 249;
(vi)
rule 252;
(vii) rule 253; and
(viii) rule 302.
(4)
Notwithstanding rule 171A(1)(b), REMCo may undertake the
UAFG calculations under rule 230 for uncovered sub-networks if
requested to do so by the network operator, subject to the
network operator agreeing to pay an additional service charge to
cover the costs of these calculations, as per rule 362A(7).
(5)
In making the calculations under rule 171A(2), REMCo may also
undertake any other calculations necessary to facilitate the
calculation of UAFG for the uncovered sub-networks.
172. There is no rule 172
173. The shipper register
(1)
REMCo must establish a shipper register for the purposes of this
Chapter 5:
(a)
which sets out for each user for each sub-network:
(i)
a list of the shippers that have provided a valid
listing request to REMCo;
(ii)
a list of the swing service providers that have
provided a valid listing request to REMCo,
and
(b)
(2)
subject to this Chapter 5, the contents of which REMCo must
keep confidential.
A shipper or a swing service provider may at any time directly or
through an agent provide:
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(3)
(4)
(a)
a request (“listing request”) to REMCo to list it in the
shipper register in respect of a user and a sub-network from
a specified “effective date”; or
(b)
a request (“delisting request”) to REMCo to remove its
listing from the shipper register in respect of a user and a
sub-network from a specified “effective date”.
A listing request by a shipper under rule 173(2) is a statement by
the shipper that the shipper agrees to be listed from time to time
in the user’s allocation instruction in respect of the user’s gas
injections into the sub-network, and is valid if:
(a)
it includes the shipper’s GBO identification and the shipper
has an active GBO identification;
(b)
it includes a written confirmation from:
(i)
the pipeline operator indicating that the shipper has
a gas transmission contract in the pipeline; or
(ii)
another shipper listed on the shipper register
indicating that it has a contrat to supply gas
transmission capacity to the shipper on the pipeline.
A listing request by a swing service provider or swing service
provider of last resort under rule 173(2) is a statement by the
swing service provider or swing service provider of last resort that
the swing service provider or swing service provider of last resort
as the case may be agrees to be specified from time to time, under
rule 267(3)(f)(ii), in a procurement request provided by the user
to REMCo as a swing service provider that will repay part or all of
one or more of the user’s swing service repayment quantities on
the user’s behalf where the user did not procure the swing service
from that swing service provider, and is valid if:
(a)
it includes the swing service provider’s GBO identification
and the swing service provider has an active GBO
identification; and
(b)
it includes a written confirmation:
(i)
from the pipeline operator that the swing service
provider either:
A.
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B.
(ii)
(5)
has an agreement with the pipeline operator for
the provision of either or both of park swing
service and loan swing service in the pipeline at
the gate point.
a shipper listed on the shipper register indicating that
it has an agreement to supply gas transmission
capacity to the swing service provider on the
pipeline.
Upon receipt of a valid listing request or a delisting request,
REMCo must update the shipper register accordingly:
(a)
where the request is received from a shipper:
(i)
where the effective date is within 2 business days of
the date of the listing request or delisting request – as
soon as practicable, and in any event before the end
of the business day on which REMCo receives the
listing request or delisting request, to apply at the
latest in respect of the gas day starting 2 business
days later; and
(ii)
where the effective date is 2 business days from the
date of the listing request or delisting request or later
– to apply in respect of the first gas day after the
effective date,
and
(b)
where the request is received from a swing service provider:
(i)
where the effective date is within 4 business days of
the date of the listing request or delisting request – as
soon as practicable, and in any event before the end
of the business day on which REMCo receives the
listing request or delisting request, to apply at the
latest in respect of the gas day starting 4 business
days later; and
(ii)
where the effective date is 4 business days from the
date of the listing request or delisting request or later
– to apply in respect of the first gas day after the
effective date.
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(6)
If requested by a pipeline operator, REMCo must as soon as
practicable advise the pipeline operator of all shippers and swing
service providers listed in the shipper register in respect of a gate
point which interconnects the pipeline operator’s pipeline and a
sub-network.
(7)
If a shipper does not have a gas transmission contract in a pipeline
or with another shipper on the shipper register, the pipeline
operator may give a notice (“removal request”) to REMCo
requesting REMCo to remove the shipper from the shipper register
for the pipeline.
(8)
If a swing service provider does not have:
(a)
a transmission contract in the pipeline;
(b)
an agreement with the pipeline operator for the provision of
either or both park swing service and loan swing service in
the pipeline at the gate point; or
(c)
an agreement with a shipper on the shipper register to
supply gas transmission capacity to the swing service
provider on the pipeline.
then the pipeline operator may give a notice (“removal
request”) to REMCo requesting REMCo to remove the swing
service provider from the shipper register in respect of a gate point
on the pipeline.
(9)
By providing a removal request, the pipeline operator represents
and warrants to REMCo that the shipper or swing service provider
named in the removal request does not have a gas transmission
contract in the pipeline.
{Note: Under rule 376A(2), a breach of this warranty will expose the
pipeline operator to liability for more than just direct damage.}
(10) On receipt of a removal request, REMCo must:
(a)
as soon as practicable and in any event within 12 hours,
advise the shipper or swing service provider and each user
in respect of which the shipper or swing service provider is
listed in the shipper register that, on the pipeline operator’s
request, the shipper or swing service provider will be
removed from the shipper register in respect of the gate
point which interconnects the pipeline and the sub-network;
and
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(b)
remove the shipper or swing service provider from the
shipper register in respect of the gate point which
interconnects the pipeline and the sub-network as soon as
practicable and in any event before the end of the business
day on which REMCo receives the notification from the
pipeline operator, to apply at the latest in respect of the gas
day starting 2 business days later.
(11) A pipeline operator that provides a removal request to REMCo is
liable to REMCo for, and must indemnify REMCo against, any loss
or damage caused by or arising directly or indirectly out of or in
connection with the removal request, including:
(a)
the removal request not being validly given;
(b)
REMCo acting in reliance on the pipeline operator’s
representation and warranty under rule 173(9);
(c)
REMCo acting in reliance on the removal request; or
(d)
REMCo removing a shipper or swing service provider from
the shipper register in accordance with the removal request,
including:
(e)
any liability of REMCo to any other person, or any claim,
demand, action or proceeding brought against REMCo, and
any costs or expenses, including legal costs (on a full
indemnity basis), in connection with the claim, demand,
action or proceeding; and
(f)
any consequential
including any:
loss
or
damage
however
caused,
(i)
loss of (or loss of anticipated) use, production,
revenue, income, profits, business and savings; or
(ii)
loss or damage due to business interruption,
whether or not the consequential loss or damage was
foreseeable.
174. Only one notional gate point per pipeline for each sub-network
(1)
If there is more than one physical interconnection between a given
sub-network and a pipeline, then for the purposes of this Chapter
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5, the several physical points of interconnection are treated as
being aggregated into a single (notional) gate point between the
pipeline and the sub-network.
(2)
If there is only one physical interconnection between a given subnetwork and a pipeline, then for the purposes of this Chapter 5,
that physical point of interconnection is treated as the gate point.
175. Gate Point control systems
(1)
Subject to rule 175(2) to 175(4) a pipeline operator may:
(a)
(2)
operate a gate point on any of the following gate point
control systems:
(i)
pressure control;
(ii)
flow profile control;
(iii)
flow ratio control;
(iv)
market responsive flow control;
(b)
change the control system it is operating for a gate point,
provided that not later than 20 business days before it
changes the control system it notifies REMCo and each
network operator of the control system it proposes to
operate for its gate point after the date on which it changes
the control system; and
(c)
adopt additional control measures for the control system it
is operating for a gate point on a temporary intra-day basis
in order to maintain pipeline integrity or manage pipeline
operational emergencies, if the failure to change the control
system would result in material damage to the pipeline or a
more extensive disruption or curtailment of gas supply.
A pipeline operator must not:
(a)
operate a gate point on a pressure control system if any
other gate point that delivers gas to the same sub-network
as that gate point is operated on a pressure control control
system; or
(b)
operate a gate point on a control system other than a
pressure control system if no other gate point that delivers
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gas to the same sub-network as that gate point is operated
on a pressure control system.
(3)
If a pipeline operator wishes to operate a gate point on a control
system other than a control system specified in rule 175(1)(a), it
must first consult with participants and REMCo to develop changes
to these rules that are consistent with the proposed form of gate
point control system in order to ensure that the implementation
of the new control system would not prevent these rules from
operating.
(4)
If a pipeline operator wishes to change the control system for a
gate point, it must use its reasonable endeavours to consult with
all shippers operating in the sub-network connected to the
affected gate point at least 15 business days before the change
takes place to take into account the possible impact of the
proposed change on participants and having due regard to
maintaining an open and competitive environment.
(5)
A pipeline operator may, for the purposes of complying with its
obligations under rule 175(4), request REMCo to notify it of the
identity of all shippers operating in the sub-network. REMCo must
comply with a request from a pipeline operator under this rule
175(5) within 3 business days of receiving the request.
176. Type of pipeline control system
(1)
If REMCo is notified under rule 175 that a sub-network will be
operating with one pressure control pipeline and one flow profile
control pipeline, then:
(a)
within 15 business days of REMCo receiving the notice under
rule 175, REMCo must provide to the pipeline operator of
the flow profile control pipeline:
(i)
the set of profiles referred to in rule 200(1); and
(ii)
the set of principles referred to in rule 200(2)(b),
which must be applied by the pipeline operator of the
flow profile control pipeline in the selection of a
profile for the operation of the flow profile control
pipeline for the sub-network for each gas day;
and on each occasion that REMCo determines new profiles
or principles under rule 200, REMCo must as soon as
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practicable provide the new profiles or principles to the
pipeline operator of the flow profile control pipeline; and
(b)
(2)
(3)
each user in the sub-network must procure its related
shippers or swing service providers (as applicable) in the
flow profile control pipeline to procure the pipeline operator
for the flow profile control pipeline to:
(i)
select a profile for the operation of the flow profile
control pipeline for each gas day from the set of
profiles referred to in rule 176(1)(a)(i) in accordance
with the principles referred to in rule 176(1)(a)(ii);
(ii)
inject gas into the sub-network on a gas day in
accordance with the profile selected by the pipeline
operator for the gas day under rule 176(1)(b)(i); and
(iii)
advise REMCo, at least 16 hours before the start of
each gas day, of the profile selected by the pipeline
operator for the gas day.
If REMCo is notified under rule 175 that a sub-network will be
operating with one pressure control pipeline and one flow ratio
control pipeline:
(a)
for each gas day, REMCo must calculate the ratio for the flow
ratio control pipeline for the sub-network in accordance with
rule 176(3), and at least 15 hours before the start of the gas
day, notify the ratio to the pipeline operator for the flow ratio
control pipeline; and
(b)
each user in the sub-network must procure its related
shippers or swing service providers (as applicable) in the
flow ratio control pipeline to procure the pipeline operator
for the flow ratio control pipeline to inject gas into the subnetwork in accordance with the ratio notified by REMCo
under rule 176(2)(a) or revised under rule 176(4) from time
to time.
If REMCo is required under rule 176(2) to calculate the ratio for a
flow ratio control pipeline for a sub-network for a gas day, it must
calculate the ratio as follows:
R
UPNA
UPNA
F
p
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where:
(4)
R
= the ratio for a flow ratio control pipeline for the
sub-network for the gas day;
UPNAF
= the user’s pipeline nomination amount for the flow
ratio control pipeline notified under rule 197(2) for
each user for the sub-network; and
UPNAP
= the user’s pipeline nomination amount for the
pressure control pipeline notified under rule 197(2)
for each user for the sub-network.
If REMCo has notified a ratio for a gas day to the pipeline operator
for the flow ratio control pipeline for a sub-network under rule
176(2)(a), and REMCo is notified of a revised user’s pipeline
nomination amount for the sub-network for the gas day under rule
184, as soon as practicable REMCo must:
(a)
recalculate the ratio for the flow ratio control pipeline for the
sub-network for the gas day taking into account the revised
user’s pipeline nomination amount (“recalculated ratio”);
(b)
correct the recalculated ratio (“corrected recalculated
ratio”) with the objective that at the end of the gas day the
ratio of gas delivered by the flow ratio control pipeline, taken
across the whole of the gas day, is appropriate, provided
that the correction is not more than “A”%, where “A” is a
variable, of the recalculated ratio; and
{Note: Rule 176(4)(b) is intended to permit REMCo to set a ratio
which “overcorrects” or “leads” the actual ratio, to ensure that gas
flows across the whole day, and not just in the part of the day
following the adjustment, achieve the correct new ratio.}
(c)
notify the corrected recalculated ratio to the pipeline
operator for the flow ratio control pipeline.
(5)
The value to be used for the variable “A” in rule 176(4)(b) is 20.
(6)
If the pipeline operator of the flow ratio control pipeline (acting as
a reasonable and prudent person) forms the opinion that it cannot
adjust the operation of the pipeline to accommodate the corrected
recalculated ratio notified to it under rule 176(4)(c), then:
(a)
it must immediately notify REMCo of the opinion; and
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(b)
REMCo may consult with the pipeline operator (both acting
as reasonable and prudent persons) and may adjust the
corrected recalculated ratio, and if REMCo does adjust the
corrected recalculated ratio, it must make the adjusted
corrected recalculated ratio available to the pipeline
operator, shippers and swing service providers on the
pipeline and users in the sub-network.
177. There is no rule 177
Part 5.2 – User obligations
178. User to procure injections which match user’s likely swing service
repayment quantities and user’s required withdrawals
A user must ensure that for each sub-network for each gas day it
procures:
(a)
the repayment into the sub-network of the user’s swing
service repayment quantities for the sub-network for the gas
day; and
(b)
the injection into the sub-network of an amount of gas equal
to its good faith estimate as a reasonable and prudent
person of its likely user’s required withdrawals for the subnetwork for the gas day.
{Note: The user’s required withdrawals is defined in rule 2 as
meaning the sum of UIW, UEBW, UUAFG and URAA for a user for a
gas day less any part of the URAA that relates to a gate point
adjustment amount.}
179. There is no rule 179.
180. Rules may require negative injection
To avoid doubt, rule 178 may require a user to procure the
injection into the sub-network of a negative amount of gas on a
gas day.
{Note: Any negative injection may be resolved between the user and its
related shipper or swing service providers (as applicable), between the
shipper or swing service providers (as applicable) and the pipeline operator
or by an arrangement with another user.}
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181. User to minimise its contribution to swing service
A user must endeavour to minimise the extent to which it, and its
related shippers or swing service providers (as applicable),
contribute to the causation of swing service.
{Note: There are two specific user obligations implied by this rule as
follows:
(i)
That the user must procure nominations which are equal to its estimate
of its user’s required withdrawals for the upcoming gas day; and
(ii) That the user must provide REMCo with user’s allocation instructions
for the gas day that, when applied (after the fact) to the user’s
estimated total withdrawals for that gas day will result in as small as
possible a contribution to swing service on that gas day.
This rule requires users to submit negative user’s allocation instructions for
gas days when the pipeline corrected injections are negative or when the
user’s contribution to the pipeline corrected injections other than its swing
service repayment quantity are negative.}
182. Users collectively to keep sub-network pressurised
(1)
(2)
Each user must ensure that its, and its related shippers’ or swing
service providers’ (as applicable), conduct (including conduct
within a gas day) does not:
(a)
jeopardise gas injections into the sub-network in such a way
that the sub-network’s system pressure is threatened; or
(b)
impede a network operator’s ability to ensure that the
system pressure in a sub-network is maintained.
Without limiting this rule 182, a user must ensure that its intraday gas flows do not:
(a)
jeopardise the operation of the sub-network; or
(b)
cause the obligation to keep the sub-network pressurised to
fall disproportionately on other parties.
(3)
The responsibility on users to keep the sub-network pressurised,
set out in this rule 182, falls on each user proportionately to the
user’s aggregate gas withdrawals out of the sub-network on a gas
day.
(4)
A user’s obligations under this rule 182 are owed:
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(a)
to every other user who injects gas into the sub-network on
a gas day, jointly and severally; and
(b)
to the network operator.
183. There is no rule 183
184. Renominations and changes in shipper’s right to inject gas
If, before or during a gas day:
(a)
a user’s related shipper renominates for the gas day; or
(b)
a user becomes aware that its related shipper’s nomination
for the gas day is to be adjusted under its transmission
contract, or that the pipeline operator does not plan to inject
gas in accordance with the shipper’s or swing service
providers (as applicable) nomination for the gas day,
in a manner which will cause a change to the user’s pipeline
nomination amount, then:
(c)
the user must immediately notify REMCo of the revised
user’s pipeline nomination amount for the relevant pipeline
and sub-network, and
(d)
the user may give REMCo a revised allocation instruction
under rule 189 for the sub-network.
184A. There is no rule 184A
185. There is no rule 185
186. User to procure shipper’s nominations
(1)
For each sub-network for each gas day, each user must procure
nominations from one or more related shippers or swing service
providers (as applicable) within the time frames required by the
related shipper’s or swing service provider’s transmission contract
which are sufficient to satisfy the user’s obligations under Part 5.2.
(2)
Nothing in rule 186(1) prevents a shipper’s or swing service
provider’s nomination from being made in aggregate, to address
the requirements of more than one user.
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Part 5.3 – Allocation instruction
187. “User’s gas injections” defined
In this Part 5.3, “user’s gas injections” for a sub-network for a
gas day means, as appropriate, either:
(a)
before the end of the gas day, the user’s total nomination
amount under rule 198 minus the sum of the user’s swing
service repayment quantities for repayment on the gas day
calculated under rule 299; or
(b)
after the end of the gas day, the user’s estimated total
withdrawals calculated under rule 228 minus the sum of the
user’s swing service repayment quantities for repayment on
the gas day calculated under rule 299.
188. User’s allocation instruction
(1)
(2)
A user must give REMCo a valid allocation instruction under this
Part 5.3:
(a)
at least 2 business days before the gas day on which the
user first withdraws gas from a sub-network; and
(b)
for each gas day on which the user is likely to withdraw gas
from a sub-network before the gas day
An allocation instruction may be expressed as a standing
instruction which applies until a new valid allocation instruction is
given, and may allocate the user’s gas injections to shippers by:
(a)
percentages;
{Example: “20% to shipper A and 80% to shipper B”.}
(b)
quantities, which must include an allocation of residual
quantity; or
{Example: “15 TJ to shipper A, 5 TJ to shipper B and the balance
to shipper A”.}
(c)
by a combination of the options in rules 188(2)(a) and
188(2)(b).
{Example: “15 TJ to shipper A, and the balance 40% to shipper A
and 60% to shipper B”.}
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(3)
An allocation instruction must specify for each gas day to which it
applies how the user’s gas injections into the sub-network, other
than the user’s swing service repayment quantities, are to be
allocated between the shippers injecting gas into the sub-network
on the user’s behalf.
189. Revised allocation instructions
(1)
A user may from time to time give REMCo a revised allocation
instruction for a gas day.
(2)
Subject to rule 189(3), a revised allocation instruction given under
rule 189(1) may be given at any time up to 3.5 hours after the
end of a gas day to which it applies.
(3)
A user must not give REMCo a revised allocation instruction for a
gas day after the start of the gas day which, subject to rules
189(4) and 189(6), purports to allocate a user’s gas injections into
the sub-network across pipelines in different proportions to the
earlier allocation instruction in a way which for either pipeline
would be expected by a reasonable and prudent person to result
in more than a “A”% difference, where “A” is a variable, between
the amount of gas allocated to a pipeline at the end of the gas day
compared with what would have been allocated under the earlier
allocation instruction.
(4)
The value to be used for the variable in rule 189 (3) is 10.
(5)
Where a user has provided a revised user’s pipeline nomination
amount for the gas day to REMCo under rule 184, a revised
allocation instruction given by the user to REMCo which allocates
the user’s gas injections into the sub-network across pipelines in
different proportions to the earlier allocation instruction is not
subject to the limitation in rule 189 (3) if the revised allocation
instruction operates to allocate an amount of the user’s gas
injections into the sub-network to a pipeline that is closer to the
revised user’s pipeline nomination amount.
(6)
A revised allocation instruction provided by a user to REMCo is not
subject to the limitation in rule 189 (3) if the revised allocation
instruction is provided by the user in extraordinary circumstances
as a reasonable and prudent person in an attempt to maximise its
compliance with rules 178 and 182.
{Note: The objective of rule 189 (3) is to prevent gaming by a user by the
user generating swing. The objective of rule 189(6) is to ensure that rule
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189 (3) does not prevent a user from taking action which is for the overall
benefit of the sub-network as a whole in extraordinary circumstances. For
example, a user should be able to ensure that an adequate amount of gas
is supplied into a sub-network from an alternative pipeline where the
capacity of its original pipeline for injecting gas into the sub-network is
restricted because of sudden equipment failure or physical constraints
within the sub-network.}
190. There is no rule 190
191. Validity of allocation instruction
(1)
(2)
Subject to this Part 5.3, a user’s allocation instruction will be valid
for a gas day if:
(a)
the allocations in the allocation instruction are capable of
being applied to allocate all the user’s gas injections
(whatever they are on the gas day) to a shipper; and
(b)
each shipper listed in the allocation instruction is listed in
the shipper register for the user for the sub-network for the
gas day.
REMCo must assess each allocation instruction it receives from a
user, for each gas day to which the allocation instruction is stated
to apply, against the criteria in rule 191(1), as soon as practicable:
(a)
after it receives the allocation instruction;
(b)
after the shipper register for the user for the sub-network is
updated under rule 173(4)(b)(ii), or after a shipper is
removed from the shipper register in respect of a gate point
for the sub-network under rule 173(10); and
(c)
after it has determined the user’s estimated
withdrawals for the gas day under rule 228(1).
total
192. If allocation instruction is invalid
(1)
If REMCo determines that a user’s allocation instruction is not
valid, REMCo must immediately advise the user that its allocation
instruction is not valid and the reason why, in order that the user
can, if permitted under this Part 5.3, submit a revised allocation
instruction.
(2)
If a user has not provided an allocation instruction to REMCo that
is valid under this Part 5.3, then REMCo must use the appropriate
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alternative method under this rule 192(2) for allocating the user’s
gas injections across shippers for the gas day, immediately notify
the user which method was used and of the result of using that
method and as soon as practicable, and notify (“rule 192(2)
notice”) each shipper to which REMCo allocated some or all of the
user’s gas injections that REMCo was required under this rule
192(2) to allocate gas to the shipper, of the amount of gas
allocated to the shipper and of the name of the user:
(a)
if possible, REMCo must use the user’s most recent
allocation instruction for the sub-network that is valid for the
gas day determined using the like day substitution
methodology; and
(b)
if there is no such allocation instruction, REMCo must use
the user’s most recent allocation instruction for the subnetwork that is valid for the gas day from any previous gas
day; and
(c)
if there is no such allocation instruction, REMCo must
apportion the user’s gas injections for the gas day across all
of the shippers listed in the shipper register for the user for
the sub-network in equal amounts; and
(d)
if there are no shippers listed in the shipper register for the
user for the sub-network, then REMCo must determine the
most recent gas day for which there was at least one shipper
listed in the shipper register for the user for the subnetwork, and allocate the user’s gas injections for the gas
day across all of the shippers listed in the shipper register
for the user for the sub-network on that gas day in equal
amounts.
{Note: If an allocation under any of rules 192(2)(a) to 192(2)(d)
results in a shipper being allocated to supply, or to have supplied,
gas to a user in circumstances where the shipper has no other
contractual relationship with the user to enable it to charge for the
supply, then the fallback user-shipper agreement under rule 193A
will fill the gap.}
(3)
If REMCo has been required to allocate a user’s gas injections for
a gas day for a sub-network using the method set out in rule
192(2)(d), then REMCo must immediately notify the network
operator and the jurisdiction’s ROLR administrator that REMCo
was required under rule 192(2)(d) to allocate the user’s gas
injections for the sub-network to shippers which are not listed in
the shipper register for the user for the sub-network.
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193. User warranties
(1)
By providing an allocation instruction under this Part 5.3, a user
warrants and represents to REMCo that:
(a)
each of the shippers set out in the allocation instruction
agrees to, and has sufficient contractual entitlements to,
inject gas on the user’s behalf in accordance with the
allocation instruction on any gas day to which the allocation
instruction applies; and
(b)
the user is party to a haulage contract for the sub-network
in respect of which the allocation instruction applies.
{Note: Under rule 376A(2), a breach of this warranty will expose
the user to liability for more than just direct damage.}
(2)
A user makes the warranties in rule 193(1) anew on the gas day
before any gas day on which the allocation instruction will apply.
193A. Fallback user-shipper agreement
(1)
(3)
If a shipper gives REMCo a listing request under rule 173(2)(a) in
respect of a user and a sub-network, then:
(a)
by giving REMCo the listing request, the shipper is deemed
to make an irrevocable offer to the user to enter into a
fallback user-shipper agreement in the form set out in
Appendix 9 for the sub-network; and
(b)
on the first subsequent occasion on which the user gives
REMCo an allocation instruction in respect of the subnetwork under this Part 5.3 which lists the shipper, the user
by giving that allocation instruction is deemed to have
irrevocably accepted the offer in rule 193A(1)(a), and the
user and the shipper become parties to the fallback usershipper agreement.
The user named in a deemed contract under a fallback usershipper agreement must in accordance with the applicable fallback
user-shipper agreement pay to the shipper which is a party to the
deemed contract all amounts which are payable under the deemed
contract.
{Note: The effect of this rule 193A(2) is to make a non-payment by the
user a breach of these rules, as well as a breach of the fallback user-shipper
agreement and the deemed contract. This makes available the compliance
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panel process under Chapter 6, and in extreme circumstances the expulsion
remedy under the REMCo Constitution.}
Part 5.4 – Before the start of the gas day
Division 5.4.1 – Before the start of the gas day
194. Shipper’s nominations apply only to extent accepted
(1)
A reference in these rules to the amount of a shipper’s or swing
service provider’s (as applicable) nomination or renomination
means only the accepted part of the nomination or renomination.
(2)
In rule 194(1), “accepted part” means that part of the
nomination or renomination that, after applying the relevant
transmission contract processes, is binding on the pipeline
operator for the purpose of the transmission contract in the sense
that the pipeline operator is obliged under the transmission
contract to inject gas in accordance with the nomination or
renomination.
{Note: Rule 184 deals with the user’s obligations if the shipper’s rights to
have gas injected or swing service provider’s rights to have swing service
repaid (as applicable) change during a gas day, for example due to a
curtailment.}
195. User to procure standing nomination
A user must procure from each of its related shippers for each
gate point, a “standing nomination” to the pipeline operator
which, for the purposes of these rules, is the user’s related
shipper’s default nomination in circumstances where the user’s
related shipper fails to nominate in accordance with its
transmission contract.
196. User’s amount of a shipper’s nomination
(1)
For each gate point for each gas day for each shipper’s nomination
by a user’s related shipper, the user must agree with the shipper
the “user’s amount” of the shipper’s nomination.
(2)
If a shipper is the related shipper of only one user, then the user’s
amount equals the shipper’s nomination.
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197. User’s pipeline nomination amount
(1)
(2)
For each user for each gate point for each gas day, a “user’s
pipeline nomination amount” is the sum of:
(a)
the user’s amounts of its related shipper’s nominations for
the gate point for the gas day (summed across all related
shippers for the gate point) calculated under rule 196; and
(b)
the user’s swing service repayment quantities for the gate
point for the gas day as notified by REMCo under rule 300(4)
or rule 300D(1)(b) (whichever is applicable).
For each gas day for each gate point, at least 18 hours before the
start of the gas day, a user must notify REMCo of the user’s
pipeline nomination amount for the gate point.
198. User’s total nomination amount
For each sub-network for each gas day, a “user’s total
nomination amount” is the sum (across all gate points) of the
user’s pipeline nomination amounts for the gas day.
199. REMCo publishes profiled daily nominations
For each sub-network for each gas day, at least 2 hours before
the start of the gas day, REMCo must publish to each user and its
related shippers or swing service providers (as applicable), the
network operator and the pipeline operators:
(a)
the “profiled pipeline nominations” for each gate point,
being the aggregate of all users in the sub-network’s user’s
pipeline nomination amounts for the gate point for the gas
day notified under rule 197, distributed across a profile
selected as follows:
(i)
if REMCo has been notified of a profile for the
operation of a flow profile control pipeline for the
sub-network for the gas day under rule 176(1)(b)(iii)
— REMCo must apply the profile notified to it to each
pipeline; and
(ii)
otherwise — REMCo must apply a profile which it
selects in accordance with rule 199(b) to each
pipeline;
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and
(b)
the “profiled sub-network nominations” for the subnetwork, being the aggregate of all users in the subnetwork’s user’s total nomination amounts for the gas day
notified under rule 198, distributed across the profile used
under rule 199(a).
200. REMCo determines profiles
(1)
REMCo may determine from time to time, as a reasonable and
prudent person, the profiles for use in rule 199.
(2)
REMCo must, from time to time, publish guidelines which set out:
(a)
the principles on which the profiles referred to in rule 200(1)
are based; and
(b)
the principles which REMCo applies in the selection of a
profile for a gas day under rule 199(a)(ii), if REMCo is
required to select a profile; and
(c)
REMCo’s policy on the retention and management of the
profiles referred to in rule 200(1) in a profile library.
Division 5.4.2 – There is no Division 5.4.2
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201. There is no rule 201
202. There is no rule 202
203. There is no rule 203
204. There is no rule 204
205. There is no rule 205
206. There is no rule 206
207. There is no rule 207
208. There is no rule 208
209. There is no rule 209
Part 5.5– During the gas day
Division 5.5.1 – During the gas day
210. Pipeline operators to provide hourly data
For each pipeline for each sub-network for each hour, the pipeline
operator must give to REMCo within 30 minutes after the end of
the hour the as-retrieved energy inflow data for the gate point for
the hour.
211. REMCo’s intra-day reporting
(1)
For each sub-network for each hour, REMCo must within 60
minutes after the end of the hour make available to each user in
the sub-network, and to the pipeline operator of each pipeline
connected to the sub-network, the following:
(a)
the as-retrieved energy inflow data for each gate point for
the hour;
(b)
the as-retrieved energy inflow data aggregated across all
gate points; and
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(c)
(2)
the profiled sub-network nominations published by REMCo
before the start of the gas day under rule 199(b), as revised
from time to time under rule 212.
If, for a sub-network for an hour, REMCo does not receive the data
referred to in rule 210 from a pipeline operator in sufficient time
for REMCo to make available the data as required by rule 211(1),
then for that hour, REMCo is not required to make available the
data referred to in rule 211(1).
212. REMCo updates profiled sub-network nominations
For each sub-network for each gas day, if, after publishing the
profiled sub-network nominations for the sub-network for the gas
day under rule 199(b), REMCo receives a revised user’s pipeline
nomination amount under rule 184 for a pipeline for the subnetwork for the gas day, REMCo must adjust the profiled subnetwork nominations in accordance with the revised user’s
pipeline nomination amount and make the adjusted profiled subnetwork nominations available to users in the sub-network and
their related shippers or swing service providers (as applicable),
the network operator for the sub-network and pipeline operators.
Division 5.5.2 – There is no Division 5.5.2
213. There is no rule 213
214. There is no rule 214
215. There is no rule 215
216. There is no rule 216
217. There is no rule 217
Division 5.5.3– During the gas day
217A. Pressure control pipeline to provide instantaneous flow signals
(1)
In this rule 217A “instantaneous flow rate” at a gate point
means a flow rate measured over the shortest period of time over
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which the metering equipment at the gate point is capable of
measuring a flow rate.
(2)
The pipeline operator of a pipeline that is operating as a pressure
controlled pipeline for a sub-network with two pipelines connected
to it, must under this rule 217A, if requested by the pipeline
operator of the other pipeline, provide to the pipeline operator any
one or more of the following data signals (each a “flow signal”)
communicating the instantaneous flow rate:
(a)
at the gate point connecting the pressure control pipeline to
the sub-network; and
(b)
if there is more than one physical interconnection between
the pressure control pipeline and the sub-network — at each
physical interconnection.
{Note: The physical interconnection referred to in rule 217A(2)(b)
is usually referred to as a “physical gate point”, whereas the gate
point referred to in rule 217A(2)(a) and elsewhere in these rules is
called a “notional gate point”.}
{Example: If there are three physical gate points comprising the
gate point, then the pipeline operator must, if requested, make
available a maximum of 4 flow signals, one for the gate point and
one each for the 3 physical gate points.}
(3)
(4)
A pipeline operator complies with rule 217A(2) if, acting as a
reasonable and prudent person, it provides the flow signal:
(a)
in the form of a galvanically isolated 4-20 milliamp current
loop or in such other form as the parties as reasonable and
prudent persons may agree; and
(b)
at a location which provides the other pipeline operator with
a secure location to install equipment to receive and
transmit the flow signal, together with a power supply for
the equipment and reasonable rights of access for the other
pipeline operator from time to time to operate and maintain
the equipment.
The pipeline operator of a pressure controlled pipeline is not
obliged to provide a flow signal until it has reached agreement
with the other pipeline operator about the recovery of its costs of
complying with this rule 217A, according to the following
principles:
(a)
the pipeline operator of the pressure control pipeline is
entitled to recover all its costs as a reasonable and prudent
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person of providing the flow signal, in a manner consistent
with the National Gas Access (Western Australia);
(b)
(5)
there is to be no double-recovery of costs under this rule
217A and under any applicable Access Arrangement or
agreement.
Rule 217A(5) does not apply in respect of a flow signal being
provided in a form and at a location for a sub-network if on 10
November 2003 the flow signal was being provided by the pipeline
operator of the pressure controlled pipeline in the form and at the
location for the sub-network to the pipeline operator of the other
pipeline connected to the sub-network.
Part 5.6 – Allocation
218. The period for calculations
(1)
Except where a rule states to the contrary, for each gas day D
REMCo must perform each calculation it is required to perform
under this Part 5.6 and Part 5.7 for each historical gas day i in the
historical period.
(2)
Except where a rule states to the contrary, REMCo must use the
value it has most recently received and recorded, or generated
and recorded, in the REMCo information system under these rules:
(3)
(a)
for each input into each calculation REMCo is required to
perform under this Part 5.6 and Part 5.7; and
(b)
for each notification that REMCo is required to provide to a
person under this Chapter 5.
For the purposes of rule 218(1):
“historical period” for gas day D means the period of 425 gas
days between 426 gas days before gas day D and one gas day
before gas day D; and
“historical gas day i” for gas day D means a gas day in the
historical period for gas day D.
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(4)
The following transitional provisions apply in respect of
calculations affecting a gas day (“prior day”) before the go-live
date:
(a)
subject to rules 218(4)(c) and 218(4)(d), to the extent that
REMCo has data in the REMCo information system for the
prior day (“prior day data”) it must use the prior day data
in any calculation under this Chapter 5 that would normally
(that is, if the prior day occurred after the go-live date) use
the data;
(b)
to the extent that a calculation under this Chapter 5
determines a new value for any prior day data which would
normally (that is, if the prior day occurred after the go-live
date) be substituted for the old value, then the new value is
to be substituted for the old value in the normal way but the
substituted data remains prior day data;
(c)
no reconciliation amount calculated under Part 5.7 is to
include any amount reconciling for anything which occurred
on a prior day; and
(d)
no amount of swing service calculated under Part 5.10 is to
include any amount reflecting anything which occurred on a
prior day.
219. Part 5.6 and Part 5.7 calculations do not affect swing charges or
payments
The allocation processes in this Part 5.6 and the reconciliation
process in Part 5.7 do not affect any payment made or payable
under Part 5.12. In other words a calculation under Part 5.12 may
not be reopened to correct the calculation using recalculated or
reconciled amounts.
220. Pipeline injections
(1)
For each gate point, the “pipeline injections” for gas day D is
the gate point energy quantity for the gate point provided to
REMCo by the network operator under rule 152.
(2)
For each gate point for each gas day, REMCo must calculate the
“pipeline corrected injections” for each gas day as follows:
PCI  PI  GAA
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where:
PCI
= the pipeline corrected injections for the gate point
for the gas day;
PI
= the pipeline injections for the gate point under rule
220(1); and
GAA
= the gate point adjustment amount for the gate
point for gas day D calculated under rule 243(2).
221. Total corrected injections
For each sub-network, REMCo must calculate
corrected injections” for gas day D as follows:
the
“total
TCI   PCI   SRQ  URAA
where:
TCI
= the total corrected injections for the sub-network
for gas day D;
PCI
= the pipeline corrected injections for each gate point
for gas day D calculated under rule 220(2);
SRQ
= each swing service repayment quantity for each
user for the sub-network for repayment on gas day
D calculated under rule 299; and
URAA
= the user’s reconciliation adjustment amount for
each user for the sub-network for repayment on gas
day D calculated under rule 243.
222. User’s interval-metered withdrawals
For each user for each sub-network, REMCo must calculate the
“user’s interval-metered withdrawals” (“UIW”) for gas day
D as follows:
UIW   IW
where:
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UIW
= the user’s interval-metered withdrawals for the
sub-network for gas day D; and
IW
= the interval-metered withdrawals for each of the
user’s interval-metered delivery points in the subnetwork for gas day D provided to REMCo under rule
158 (1) (c).
223. Net system load
(1)
For each sub-network for each gas day D, REMCo must calculate
the net system load for each historical gas day i as follows:
NSL  TCI  UIW  EUAFG
where:
NSL
= the net system load for the sub-network for
historical gas day i for gas day D;
TCI
= the total corrected injections for the sub-network
for historical gas day i for gas day D calculated under
rule 221;
UIW
= the interval-metered withdrawals for historical gas
day i for gas day D for each user in the sub-network
calculated under rule 222; and
EUAFG
= the estimate of unaccounted for gas for the subnetwork for historical gas day i for gas day D notified
under rule 229(1) or rule 238(2), as applicable.
{Note: The EUAFG may be a negative number.}
(2)
If REMCo’s calculation of net system load for any historical gas day
i for gas day D under rule 223(1) produces a negative number or
REMCo does not receive an estimate of unaccounted for gas for
the sub-network for gas day D under rule 229(1), REMCo must:
(a)
instead of calculating net system load as set out in rule
223(1), determine the net system load for the gas day using
the like day substitution methodology; and
(b)
calculate a “revised estimate of unaccounted for gas”
to use in its calculations under this rule 223 and Part 5.7 as
follows:
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RUAFG  TCI  UIW  NSL
where:
RUAFG
= the revised estimate of unaccounted for gas
for the sub-network for gas day D;
TCI
= the total corrected injections for the subnetwork for gas day D calculated under rule 221;
UIW
= the interval-metered withdrawals for the subnetwork for gas day D for each user in the subnetwork calculated under rule 222; and
NSL
= the net system load for the sub-network
calculated under rule 223(2)(a) for gas day D,
and
(c)
for each user notified to REMCo as a supplier of UAFG for the
sub-network under rule 229(1) for the most recent gas day
for which no revised estimate of unaccounted for gas was
required to be calculated under this rule 223(2) (“last valid
day”), calculate, and within 4.5 hours after the end of the
gas day advise the user and the network operator of, the
“revised user’s unaccounted for gas” as follows:
RUUAFGu 
UUAFGu
 RUAFG
UUAFG
All users
where:
RUUAFGu = the revised user’s unaccounted for gas for
the user u for the sub-network for gas day D;
UUAFGu
= UUAFG for the user u;
UUAFG
= for a user, the quantity of the UAFG
estimated to be supplied by the user notified
under rule 229(1) for gas day D; and
RUAFG
= the revised unaccounted for gas for the subnetwork for gas day D calculated under rule
223(2)(b).
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Provided that, if:
UUAFG
u
 zero
All users
then REMCo must calculate the “revised user’s
unaccounted for gas” for each user using the values for
UUAFGU and UUAFGU from the previous gas day on which
All users
UUAFG
U
was not equal to zero.
All users
(3)
If a value for revised user’s unaccounted for gas is calculated
under rule 223(2)(c), that value is thereafter to be used in this
Chapter 5 in place of the corresponding user’s unaccounted for
gas value before the revision.
224. Raw estimate of basic-metered delivery points withdrawals
For each basic-metered delivery point for each sub-network,
REMCo must calculate a raw estimated basic-metered withdrawal
for gas day D as follows:
REBW 
  EBW
 DABW
 NSL
Historical
Historical
 NSL
Historical
where:
REBW
=
the
raw
estimated
basic-metered
withdrawal for the basic-metered delivery
point for gas day D.
Σ DABWHistorical
= the sum of the distributed actual basicmetered withdrawals at the basic-metered
delivery point for each gas day in the period
from gas day D-410 to gas day D-321, both
inclusive, calculated under rule 232;
Σ EBWHistorical
= for each gas day for which a distributed
actual
basic-metered
withdrawal
is
unavailable in the period from gas day D-410
to gas day D-321, both inclusive, the sum of
the estimated basic-metered withdrawal at
the basic-metered delivery point, where the
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estimated
basic-metered
withdrawal
is
determined using rule 66(e) for new delivery
points and otherwise using rule 226;
Σ NSLHistorical
= the sum of the net system load for the subnetwork for each gas day in the period from
gas day D-410 to gas day D-321, both
inclusive, calculated under rule 223; and
NSL
= the net system load for the sub-network for
gas day D calculated under rule 223.
225. Normalisation factor for estimate of basic-metered delivery points
withdrawals
For each sub-network for each gas day D, REMCo must calculate
a “normalisation factor” for the basic-metered delivery points
in the sub-network for each historical day i as follows:
NF 
NSL
 REBW
where:
NF
= the normalisation factor for the basic-metered
delivery points in the sub-network for historical gas
day i for gas day D;
NSL
= the net system load for the sub-network for
historical gas day i for gas day D calculated under
rule 223; and
REBW
= the raw estimated basic-metered withdrawal for
each basic-metered delivery point in the sub-network
for historical gas day i for gas day D calculated under
rule 224.
226. Estimated basic-metered withdrawal for each basic-metered delivery
point
For each basic-metered delivery point for each sub-network,
REMCo must calculate the “estimated basic-metered
withdrawal” for gas day D as follows:
EBW  REBW  NF
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where:
EBW
= the estimated basic-metered withdrawal for the
basic metered delivery point for gas day D;
NF
= the normalisation factor for basic-metered delivery
points in the sub-network for gas day D calculated
under rule 225; and
REBW
= the raw estimated basic-metered withdrawal for
the basic-metered delivery point for gas day D
calculated under rule 224.
227. User’s estimated basic-metered withdrawals
For each user for each sub-network, REMCo must calculate the
“user’s estimated basic-metered withdrawals” (“UEBW”)
for gas day D as follows:
UEBW   EBW
where:
UEBW
= the user’s estimated basic-metered withdrawals for
the sub-network for gas day D; and
EBW
= the estimated basic-metered withdrawal for each
of the user’s basic metered delivery points for the
sub-network for gas day D calculated under rule 226.
228. User’s estimated total withdrawals
(1)
For each user for each sub-network REMCo must determine the
user’s estimated total withdrawals for gas day D as follows:
UETW  UIW  UEBW  UUAFG  URAA   SRQ
where:
UETW
= the user’s estimated total withdrawals for the subnetwork for gas day D;
UIW
= the user’s interval-metered withdrawals for gas
day D calculated under rule 222;
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UEBW
= the user’s estimated basic-metered withdrawals for
gas day D calculated under rule 227;
UUAFG
= any UAFG supplied by the user for gas day D
notified under rule 229(1);
URAA
= the user’s reconciliation adjustment amount
notified under rule 243 for injection under rule 245
on gas day D; and
SRQ
= each of the user’s swing service repayment
quantities for the sub-network for repayment on gas
day D calculated under rule 299.
(2)
For each user for each sub-network, within 5 hours after the end
of gas day D, REMCo must notify the user and the relevant
network operator of the user’s estimated total withdrawals for gas
day D calculated under rule 228(1) and the amount of each
component of the user’s estimated total withdrawals.
(3)
For each user for each sub-network for each gas day D, within 5
hours after the end of gas day D, REMCo must notify the user of
the interval-metered withdrawals for each of the user’s intervalmetered delivery points in the sub-network provided to REMCo on
each gas day in the period between gas day D and gas day D-6
under rule 158 (1) (c).
229. Estimate of unaccounted for gas
(1)
For each sub-network for each gas day, within 3.5 hours after the
end of the gas day, the network operator must advise REMCo of
its estimate of UAFG (which may later be revised under rule
223(2)) (“EUAFG”), the name of each user who is a supplier of
UAFG for the sub-network and the quantity of the UAFG estimated
to be supplied by each supplier.
(2)
The amount of UAFG supplied on a gas day by a user which was
notified under rule 229(1) is the user’s UAFG (“UUAFG”) for the
gas day.
(3)
The network operator’s estimate of UAFG under rule 229(1) must:
(a)
take into account historical levels of UAFG; and
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(b)
be a number that results in the net system load calculated
by REMCo under rule 223(1) being zero or a positive
number.
230. REMCo calculates actual UAFG
(1)
For each sub-network for each gas day D, REMCo must calculate
the “actual UAFG” for gas day D-1 through D-425 inclusive (each
of which is a “historical UAFG day”) as follows:
UAFG   PI  UIW  UBW
where:
UAFG
= the actual UAFG for the sub-network for gas day D
for the historical UAFG day;
PI
= the pipeline injections for the gate point provided
to REMCo under rule 220(1);
UIW
= the user’s interval-metered withdrawals for each
user for the sub-network for the historical UAFG day
calculated under rule 222; and
UBW
= the “user’s basic-metered withdrawals” for
each user for the sub-network for the historical UAFG
day calculated as follows:
UBW   DABW  EBW
where:
UBW
= the user’s basic-metered withdrawals
for all of the user’s basic-metered
delivery points for the sub-network for
the historical UAFG day;
DABW = the distributed actual basic-metered
withdrawal for each of the user’s basicmetered delivery points in the subnetwork for the historical UAFG day;
and
EBW
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= for each of the user’s basic-metered
delivery points in the sub-network for
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which a distributed actual basic-metered
withdrawal is unavailable, the estimated
basic-metered withdrawal at the basicmetered delivery point for the historical
UAFG day.
(2)
Within 24 hours after the end of gas day D, REMCo must notify
the network operator and each user who is a supplier of UAFG for
the sub-network of the UAFG calculated under rule 230(1).
Part 5.7 – Reconciliation
231. There is no rule 231
232. Calculate distributed actual basic-metered withdrawal
(1)
For each basic-metered delivery point for each gas day D on which
REMCo receives a meter reading from which an actual value is
calculated (“latest read”) for the basic-metered delivery point,
REMCo must determine the “distributed actual basic-metered
withdrawal” (“DABW”) for each gas day in the metering period
(including the gas day of the latest read) as follows:
(a)
first, calculate the “NSL factor” for gas day i as follows:
NSLFi 
NSLi
 NSL
where:
NSLFi
= the net system load factor for the sub-network
for gas day i;
i
= a gas day in the metering period;
NSLi
= the net system load for the sub-network for
gas day i calculated under rule 223; and
NSL
= the net system load for the sub-network for
each gas day in the metering period calculated
under rule 223;
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(b)
then calculate the distributed actual basic-metered
withdrawal for the basic-metered delivery point for gas day
i as follows:
DABWi  NSLFi  AQ
where:
(2)
DABWi
=
the
distributed
actual
basic-metered
withdrawal for the basic-metered delivery point
for gas day i;
i
= a gas day in the metering period;
NSLFi
= the net system load factor for the sub-network
for gas day i; and
AQ
= energy quantity of gas shown by the latest
read as being withdrawn at the basic-metered
delivery point during the metering period.
For each basic-metered delivery point for each gas day D on which
REMCo calculates a net system load (“revised net system
load”) under rule 223 for a historical gas day i that is different to
the net system load calculated for the historical gas day i on gas
day D-1 under rule 223 (“original net system load”), REMCo
must, in accordance with rule 232(1), recalculate the
“distributed actual basic-metered withdrawal” (“DABW”)
for each gas day in the metering period in which the historical gas
day i falls, using the revised net system load in place of the original
net system load.
233. Calculate user’s summed basic-meter reconciliation amount
For each user for each sub-network for each gas day D, REMCo
must calculate the “summed basic-meter reconciliation
amount” for each historical gas day i as follows:
SBRA   BRA
where:
SBRA
Retail Market Rules Version 6.7
= the user’s summed basic-meter reconciliation
amount for the sub-network for historical gas
day i for gas day D; and
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BRA
(i)
= the basic-meter reconciliation amount for
each of the user’s basic-metered delivery points
in the sub-network for historical gas day i for gas
day D, calculated for each basic-metered
delivery point as follows:
if REMCo has not calculated the distributed actual
basic-metered withdrawal under rule 232 for the
basic-metered delivery point for historical gas day i,
then:
BRA  0
(ii)
if REMCo has calculated the distributed actual basicmetered withdrawal under rule 232 for the basicmetered delivery point for historical gas day i, then:
BRA  DABW  EBW
where:
BRA
= the basic-meter reconciliation
amount for the basic-metered delivery
point for historical gas day i;
DABW
= the distributed actual basic-metered
withdrawal for the basic-metered
delivery point for gas day i calculated
under rule 232;
EBW
=
the
estimated
basic-metered
withdrawal for the basic metered
delivery point for gas day i calculated
under rule 226; and
i
= a historical gas day i in the range of
gas day D-1 to gas day D-425.
234. Calculate user’s delta summed basic-meter reconciliation amount
For each user for each sub-network for each gas day D, REMCo
must calculate the “delta summed basic-meter reconciliation
amount” for each historical gas day i as follows:
SBRAiD  SBRAiD  SBRAiD1
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where:
SBRAiD = the user’s delta summed basic-meter reconciliation
amount for the sub-network for historical gas day i
for gas day D;
SBRAiD
= the user’s summed basic-meter reconciliation
amount for the sub-network for historical gas day i
for gas day D calculated under rule 233;
SBRAiD-1 = the user’s summed basic-meter reconciliation
amount for the sub-network for historical gas day i
for gas day D-1 calculated under rule 233; and
i
= a historical gas day i in the range of gas day D-1
to gas day D-425.
235. Calculate user’s total basic-meter reconciliation amount
For each user for each sub-network, REMCo must calculate the
“total basic-meter reconciliation amount” (“TBRA”) for gas
day D as follows:
 SBRA 
D 1
TBRA 
i  D  425
D
i
where:
TBRA
= the user’s total basic-meter reconciliation amount
for the sub-network for gas day D; and
 SBRAiD = the user’s delta summed basic-meter reconciliation
amount for the sub-network for historical gas day i
calculated under rule 234 for gas day D.
i
= a historical gas day i in the range of gas day D-1
to gas day D-425.
236. Calculate user’s total interval-meter reconciliation amount
For each user for each sub-network, REMCo must calculate the
“total interval-meter reconciliation amount” (“TIRA”) for
gas day D as follows:
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 UIW
D 1
TIRA 
i  D  425
i
D
 UIWi D 1

where:
TIRA
= the user’s total interval-meter reconciliation
amount for the sub-network for gas day D.
UIWi D
= the user’s interval-metered withdrawals for the
sub-network for historical gas day i calculated under
rule 222 for gas day D;
UIWi D 1
= the user’s interval-metered withdrawals for the
sub-network for historical gas day i calculated under
rule 222 for gas day D-1; and
i
= a historical gas day i in the range of gas day D-425
to gas day D-1.
237. Calculate user’s total basic-meter withdrawal reconciliation amount for
transfers and pipeline gate point reconciliation
(1)
For each user for each sub-network, REMCo must calculate the
“delta basic-meter withdrawal reconciliation amount”
(“BWRA”) for each historical gas day i for gas day D as follows:
BWRAi  UEBWi D  UEBWi D1
where:
BWRAi = the user’s delta basic-meter withdrawal
reconciliation amount for the sub-network for
historical gas day i for gas day D;
UEBWi D
= the user’s estimated basic-metered withdrawal for
the sub-network for historical gas day i calculated
under rule 227 for gas day D;
UEBWi D 1 = the user’s estimated basic-metered withdrawal for
the sub-network for historical gas day i calculated
under rule 227 for gas day D-1; and
i
Retail Market Rules Version 6.7
= a historical gas day i in the range of gas day D-425
to gas day D-1.
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(2)
For each user for each sub-network, REMCo must calculate the
“total basic-meter withdrawal reconciliation amount”
(“TBWRA”) for gas day D as follows:
TBWRA 
 BWRA 
D 1
i  D  425
D
i
where:
TBWRA
= the user’s total basic-meter withdrawal
reconciliation amount for the sub-network for gas
day D;
BWRAi = the user’s delta basic-meter withdrawal
reconciliation amount for the sub-network for
historical gas day i for gas day D; and
i
= a historical gas day i in the range of gas day D-425
to gas day D-1.
238. Calculate total delta pipeline injection
(1)
If a network operator receives revised gate point metering data
from a pipeline operator in respect of a gate point for a gas day,
as soon as practicable, the network operator must provide the
revised gate point metering data to REMCo.
(2)
At the time of providing revised gate point metering data for a gas
day to REMCo under rule 238(1), the network operator may also
provide to REMCo a revised estimate of UAFG for the gas day to
REMCo.
(3)
For each gate point, REMCo must calculate the “delta pipeline
injection” (“PI”) for each historical gas day i for each gas day
D as follows:
PI iD  PI iD  PI iD1
where:
PI iD
= the delta pipeline injection for the gate point for
each historical gas day i for gas day D;
PI iD
= the pipeline injection for the gate point for a
historical gas day i for gas day D under rule 220(1);
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PI iD 1
= the pipeline injection for the gate point for a
historical gas day i for gas day D-1 under rule 220(1);
and
i
(4)
= a historical gas day i in the range of gas day D-425
to gas day D-1;
For each gate point, REMCo must calculate the “total delta
pipeline injection” (“TPI”) for each gas day D as follows:
TPI D 
 PI 
D 1
i  D  425
D
i
where:
TPI D
= the total delta pipeline injection for the gate point
for gas day D;
PI iD
= the delta pipeline injection for the gate point for a
historical gas day i for gas day D; and
i
= a historical gas day i in the range of gas day D-425
to gas day D-1.
239. Miscellaneous reconciliation amount
For each sub-network, REMCo may, after consultation with the
network operator, determine as a reasonable and prudent person
one or more miscellaneous reconciliation amounts (each an
“MRA”) for gas day D for any one or more users in the subnetwork or for the sub-network.
{Note: In most cases if a user is allocated a miscellaneous reconciliation
amount, another user will be allocated an equal and opposite miscellaneous
reconciliation amount.}
240. Calculate user’s daily unaccounted for gas reconciliation amount
(1)
For each sub-network for each gas day D, REMCo must calculate
the “total delta basic-meter reconciliation amount” for each
historical gas day i as follows:
TSBRAiD 
 SBRA
D
i
All users
where:
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TSBRAiD = the total delta basic-meter reconciliation amount
for the sub-network for historical gas day i for gas
day D;
SBRAiD
= the delta summed basic-meter reconciliation
amount for each user for the sub-network for
historical gas day i calculated under rule 234 for gas
day D; and
(2)
For each sub-network for each gas day D, REMCo must calculate
the “delta unaccounted for gas” (“UAFG”) for each historical
gas day i for gas day D as follows:
UAFGiD  EUAFGiD  EUAFGiD1
where:
UAFGiD
= the delta unaccounted for gas for the subnetwork for historical gas day i for gas day D;
EUAFG iD
= the EUAFG for the sub-network for historical gas
day i for gas day D provided to REMCo under rule
229(1) or 238(2), as applicable; and
EUAFG iD 1
(3)
= the EUAFG for the sub-network for historical gas
day i for gas day D-1 provided to REMCo under rule
229(1) or 238(2), as applicable.
For each user for each sub-network for each gas day D, REMCo
must calculate, and by no later than the end of gas day D+1 notify
the user of, the “daily unaccounted for gas reconciliation
amount” for each historical gas day i as follows:
UDURAiDu 

UUAFGu
 UAFGiD  TSBRAiD
UUAFGu

All users
where:
UDURAiDu
Retail Market Rules Version 6.7
= the user’s daily unaccounted for gas
reconciliation amount for user u for historical gas
day i for gas day D;
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UUAFGu
= the user’s unaccounted for gas for user u for gas
day D notified under rule 229;
UAFGiD
= the delta unaccounted for gas for the subnetwork for historical gas day i for gas day D
calculated under rule 240(2);
TSBRAiD
= the total delta basic-meter reconciliation amount
for the sub-network for historical gas day i for gas
day D; and
i
= a historical gas day i in the range of gas day D1 to gas day D-425.
Provided that, if:
UUAFG
u
 zero
All users
then REMCo must calculate the “daily unaccounted for gas
reconciliation amount” using the values for UUAFGU and
UUAFGU from the previous gas day on which UUAFGU
All users
All users
was not equal to zero.
241. User’s unaccounted for gas reconciliation amount
For each sub-network, for each user notified to REMCo as a
supplier of UAFG under rule 229 for gas day D, REMCo must
calculate the “user’s unaccounted for gas reconciliation
amount” for gas day D (“UUAFGRA”) as follows:
UUAFGRA 
D 1
UDURA
i  D  425
D
i
where:
UUAFGRA
= the user’s unaccounted for gas reconciliation
amount for the sub-network for gas day D; and
UDURA
Retail Market Rules Version 6.7
= the user’s daily unaccounted for gas reconciliation
amount for the sub-network for historical gas day i
for gas day D calculated under rule 240.
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242. Total reconciliation amount for a user
For each user for each sub-network, REMCo must calculate the
user’s “total reconciliation amount” for gas day D as follows:
TRA  TBRA  TIRA  TBWRA  UUAFGRA   MRA
where:
TRA
= the user’s total reconciliation amount for the
sub-network for gas day D;
TBRA
= the user’s total basic-meter reconciliation
amount for the sub-network for gas day D
calculated under rule 235;
TIRA
= the user’s total interval-meter reconciliation
amount for the sub-network for gas day D
calculated under rule 236;
TBWRA
= the user’s total basic-meter withdrawal
reconciliation amount for the sub-network for gas
day D calculated under rule 237;
UUAFGRA
= the user’s unaccounted for gas reconciliation
amount for the sub-network for gas day D
calculated under rule 241; and
MRA
= each of the user’s miscellaneous reconciliation
amounts for the sub-network for gas day D
calculated under rule 239.
243. REMCo calculates adjustment amounts
(1)
For each user for each sub-network REMCo must calculate the
“user’s reconciliation adjustment amount” for gas day D as
follows:
URAAD 
D
TRAi
i  D ( X 1) X

where:
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(2)
URAAD
= the user’s reconciliation adjustment amount for
the sub-network for gas day D;
TRAi
= the user’s total reconciliation amount for the subnetwork for gas day i calculated under rule 242;
i
= the number of a gas day from gas day D–(X–1) to
gas day D; and
X
= a variable.
For each gate point, REMCo must calculate the “gate point
adjustment amount” for gas day D as follows:
TPI iD
GAA  
X
i  D ( X 1)
D
D
where:
GAA D
= the gate point adjustment amount for the gate
point for gas day D;
TPI iD
= the total delta pipeline injection for the gate point
for gas day i calculated under rule 238(4);
(3)
i
= the number of a gas day from gas day D–(X–1) to
gas day D; and
X
= a variable.
For each user for each sub-network REMCo must calculate the
“user’s unaccounted for gas reconciliation adjustment
amount” for gas day D as follows:
UUAFGRAAD =
D
UUAFGRAi
X
i  D  ( X 1)

Where:
UUAFGRAAD
Retail Market Rules Version 6.7
= the user’s unaccounted for gas reconciliation
adjustment amount for the sub-network for gas
day D;
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(4)
UUAFGRAi
= the user’s unaccounted for gas reconciliation
amount for the sub-network for gas day i
calculated under rule 241;
i
= the number of a gas day from gas day D –
(X-1) to gas day D; and
X
= a variable.
The value to be used for the variables in rule 243(1), 243(2), and
243(3) is:
X = 28.
244. REMCo notifies reconciliation and adjustment amounts
(1)
For each sub-network, before the end of gas day D+1, REMCo
must notify each user and the network operator of:
(a)
the user’s total reconciliation amount for the sub-network
for gas day D calculated under rule 242 and the amount of
each component contained in the user’s total reconciliation
amount;
(b)
if the user’s total reconciliation amount for gas day D
contains a miscellaneous reconciliation amount, for each
miscellaneous reconciliation amount contained in the total
reconciliation amount:
(c)
(i)
information regarding the event that gave rise to
REMCo’s determination of the miscellaneous
reconciliation amount;
(ii)
the sum, across all users in the sub-network, of the
miscellaneous reconciliation amounts that arose from
the event referred to in rule 244(1)(b)(i);
(iii)
the gas day or gas days in respect of which the
miscellaneous reconciliation amount arose; and
(iv)
details regarding the approach used by REMCo to
determine the miscellaneous reconciliation amount,
the user’s reconciliation adjustment amount and the user’s
unaccounted for gas reconciliation adjustment amount for
the sub-network for gas day D calculated under rule 243;
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(2)
(3)
(d)
for each historical gas day i, the user’s delta summed basicmeter reconciliation amount for the sub-network for gas day
D (“SBRAiD”) calculated under rule 234;
(e)
for each historical gas day i, the user’s delta basic-meter
withdrawal reconciliation amount for the sub-network for
gas day D (“BWRAi”) calculated under rule 237(1);
(f)
for gas day D and for each historical gas day i, the
normalisation factor for gas day D calculated under rule 225;
(g)
for gas day D and for each historical gas day i, the net
system load for gas day D calculated under rule 223; and
(h)
for gas day D the user’s basic-metered withdrawals
calculated under rule 230(1).
For each sub-network, before the end of gas day D+1, REMCo
must notify each user, the network operator and each pipeline
operator of:
(a)
the total delta pipeline injection for each gate point for gas
day D calculated under rule 238(4); and
(b)
the gate point adjustment amount for each gate point for
gas day D calculated under rule 243(2).
For each gate point, before the end of gas day D + 1, REMCo must
notify each user, the network operator and the pipeline operator
of:
(a)
The pipeline injections for gas day D used in the calculations
under rule 220(2); and
(b)
The pipeline corrected injections for gas day D calculated
under rule 220(2).
245. Timing of adjustment amounts and injection of reconciliation amounts
(1)
A user must ensure that the user’s reconciliation adjustment
amount calculated on gas day D is included in the amount it
procures under rule 178 for injection on gas day D+2.
{Example: The URAA which relates to gas flows on the Monday gas day,
will be calculated before the end of the Tuesday gas day (gas day D) and
must be injected on the Thursday gas day (gas day D+2). This contrasts
with the SRQ which under rule 298 must be repaid 24 hours earlier. The
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URAA is offset by 24 hours to allow REMCo time to complete the required
calculations.}
(2)
REMCo must apply a gate point adjustment amount calculated on
gas day D under rule 243(2) to correct the pipeline injections for
the gate point for gas day D+2 under rule 220.
Part 5.8 – Deemed injections
246. Calculate shipper’s deemed injections
(1)
For each shipper or swing service provider (as applicable) for each
gate point for each gas day, within 5 hours, as applicable, after
the end of the gas day, REMCo must calculate, and advise the
shipper or swing service provider (as applicable) and the pipeline
operator of the shipper’s deemed injections by:
(a)
first, for each user in the sub-network, taking the user’s
estimated total withdrawals in the sub-network for the gas
day calculated under rule 228 and allocating it across
shippers or swing service providers (as applicable):
(i)
for each part of the user’s estimated total
withdrawals that is one of the user’s swing service
repayment quantities for the sub-network for the gas
day, to the swing service provider who must repay
the user’s swing service repayment quantity under
rule 299; and
(ii)
for the remainder of the user’s estimated total
withdrawals – in accordance with the user’s allocation
instruction for the gas day under rule 188;
and
(b)
(2)
then summing all amounts allocated by user to the shipper
or swing service provider (as applicable) under rule
246(1)(a).
To avoid doubt, if rule 178 requires a user to procure the injection
into the sub-network of a negative amount of gas on a gas day,
that negative amount may result in a negative shipper’s deemed
injection for the gas day.
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{Note: Any negative shipper’s deemed injection may be resolved between
the user and its related shipper, between the shipper and the pipeline
operator or by an arrangement with another user.}
247. There is no rule 247
248. Calculate user’s deemed withdrawals for a pipeline
(1)
For each user for each gate point for each gas day, within 5 hours
after the end of the gas day, REMCo must calculate, and notify the
user and the network operator of the user’s deemed withdrawals
(“UDW”) by:
(a)
first, taking the user’s estimated total withdrawals for the
sub-network for the gas day calculated under rule 228 and
allocating it across the user’s related shippers or swing
service providers (as applicable):
(i)
for each part of the user’s estimated total
withdrawals that is one of the user’s swing service
repayment quantities for the sub-network for the gas
day, to the swing service provider who must repay
the user’s swing service repayment quantity under
rule 299; and
(ii)
for the remainder of the user’s estimated total
withdrawals – in accordance with the user’s allocation
instruction for the gas day under rule 188;
and
(b)
(2)
then, summing the amounts calculated under rule 248(1)(a)
in respect of all of the user’s related shippers or swing
service providers (as applicable) for the gate point.
To avoid doubt, if rule 178 requires a user to procure the injection
into the sub-network of a negative amount of gas on a gas day,
that negative amount may result in negative user’s deemed
withdrawals for the gas day.
{Note: Any negative user’s deemed withdrawals may be resolved between
the user and its related shipper, between the shipper and the pipeline
operator or by an arrangement with another user.}
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Part 5.9– Delivery point apportionment and hourly gate point
apportionment
Division 5.9.1 – Delivery point apportionment
249. Actual allocation proportion
(1)
For each user for each sub-network for each gas day, REMCo must
calculate the user’s “actual allocation proportion” for each
shipper named in the user’s allocation instruction, which is
expressed as a percentage and is calculated as follows:
(a)
if the user’s allocation instruction is expressed solely in
terms of percentages — is the same as the percentage
allocated to the shipper in the allocation instruction; and
(b)
otherwise — is calculated as follows:
AAP 
SA
UETW  SRQ 
where:
AAP
= the user’s actual allocation proportion for the
shipper for the sub-network for the gas day;
SA
= the “shipper’s amount” which is calculated by:
A.
applying the user’s allocation instruction for the
sub-network for the gas day;
B.
to the user’s estimated total withdrawals for
the sub-network for the gas day calculated
under rule 228, minus the user’s swing service
repayment quantities for the sub-network for
the gas day calculated under rule 299;
UETW
= the user’s estimated total withdrawals for the subnetwork for the gas day calculated under rule 228;
and
SRQ
= each of the user’s swing service repayment
quantities for repayment on the gas day calculated
under rule 299.
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250. Allocation proportions apply at delivery points
Wherever it is necessary for these rules or a haulage contract to
apportion a user’s gas withdrawals at a delivery point for a gas
day between shippers or swing service provider (as applicable),
the withdrawals are to be apportioned using the user’s actual
allocation proportion and the user’s swing service repayment
quantity (as applicable) for the gas day for the sub-network.
Division 5.9.2 – Hourly gate point apportionment
251. User’s hourly interval-metered withdrawals
For each user for each sub-network for each hour for each gas
day, REMCo must calculate the user’s “hourly interval-metered
withdrawals” (“HIW”) as follows:
HIW   HW
where:
HIW
= the user’s hourly interval-metered withdrawals for
the sub-network for the hour for the gas day; and
HW
= the interval-metered withdrawals for each of the
user’s interval-metered delivery points in the subnetwork for the hour for the gas day provided to
REMCo under rule 151(1).
252. Hourly gate point apportionments
(1)
For each user for each sub-network for each gas day, within 5.5
hours after the end of the gas day, REMCo must calculate, and
advise the user of the user’s hourly sub-network apportionment
as follows:
(a)
first, for each hour in the gas day, calculate the hourly net
system load for the sub-network as follows:
 EUAFG    SRQ   URAA    GAA 
HNSL   HG   HIW  



24   24 
 24   24  
where:
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(b)
HNSL
= the hourly net system load for the subnetwork for the hour;
HG
= the energy inflow data for each gate point for
the sub-network for the hour provided to REMCo
under rule 152;
HIW
= the hourly interval-metered withdrawals for
the sub-network for each user in the subnetwork for the hour calculated under rule 251;
EUAFG
= the estimate of UAFG provided by the network
operator for the sub-network for the gas day
under rule 229(1);
SRQ
= each swing service repayment quantity for
each user for the sub-network for repayment on
the gas day calculated under rule 299.
URAA
= the user’s reconciliation adjustment amount
for each user for the sub-network for repayment
on the gas day calculated under rule 243; and
GAA
= each gate point adjustment amount calculated
under rule 243(2) to correct the pipeline
injections for a gate point for the gas day under
rule 220.
then, for each hour in the gas day calculate the user’s hourly
basic-meter withdrawals for the sub-network as follows:
 UEBW 
HBW  HNSL  

 NSL 
where:
HBW
= the hourly basic-meter withdrawals for the
sub-network;
HNSL
= the hourly net system load for the subnetwork for the hour calculated under rule
252(1)(a);
UEBW
=
the
user’s
estimated
basic-metered
withdrawals for the sub-network for the gas day
227; and
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NSL
(c)
= the net system load for the sub-network for
the gas day calculated under rule 223,
then, for each hour in the gas day calculate the user’s hourly
(non-swing) sub-network apportionment for the subnetwork as follows:
 UUAFG   URAA 
UHSA  HIW  HBW  


 24   24 
where:
(2)
UHSA
= the user’s hourly sub-network apportionment
for the sub-network for the hour for the gas day;
HIW
=
the
user’s
hourly
interval-metered
withdrawals for the sub-network for the hour
calculated under rule 251;
HBW
= the user’s hourly basic-meter withdrawals for
the
sub-network
calculated
under
rule
252(1)(b);
UUAFG
= the user’s UAFG for the sub-network for the
gas day notified to REMCo under rule 229(1),
URAA
= the user’s reconciliation adjustment amount
for the sub-network for repayment on the gas
day calculated under rule 243.
For each shipper or swing service provider (as applicable) for each
gate point for each gas day, within 5.5 hours after the end of the
gas day, REMCo must calculate, and advise the shipper or swing
service provider (as applicable) and the pipeline operator of, the
shipper’s hourly gate point apportionment as follows:
HGA 
 AAP  UHSA 
 SRQ
24
where:
HGA
= the shipper’s hourly gate point apportionment
for the gate point for the gas day,
AAP
= for each user related to the shipper in the subnetwork, the user’s actual allocation proportion for
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the shipper for the gate point for the gas day
calculated under rule 249;
UHSA = for each user related to the shipper in the subnetwork, the user’s hourly (non-swing) subnetwork apportionment for the sub-network for the
hour for the gas day calculated under rule
252(1)(c), which will be zero for a swing service
provider.
SRQ
(3)
= each swing service repayment quantity for
repayment by the shipper or swing service
provider (as applicable) under rule 299.
If REMCo does not receive the as-retrieved energy inflow data for
a gate point in a sub-network for one or more hours in a gas day
under rule 210, REMCo is not required to perform the calculations
set out in this rule 252 in respect of the gas day.
Part 5.10 – Calculating swing service
{Note: The calculations in rules 259-263, 266, 272 and 274 are performed by
REMCo for each gate point in a sub-network in respect of each user, whether or not
the user’s related shippers ship gas on the pipeline for the gate point.}
253. First and second gas delivered
On each gas day for each user for each sub-network, for the
purposes of this Chapter 5, the gas injected or repaid (as
applicable) into the sub-network by or on behalf of the user is
allocated as follows:
(a)
first, the gas is deemed to be the user’s swing service
repayment quantities for repayment on the gas day
calculated under rule 299 until all of the user’s swing service
repayment quantities have been repaid;
(b)
thereafter, the gas is deemed to be the user’s reconciliation
adjustment amount for injection on the gas day calculated
under rule 243 until the full reconciliation adjustment
amount has been injected; and
(c)
thereafter, the remainder of the gas is available to satisfy
the user’s withdrawals from the sub-network on the gas day.
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254. There is no rule 254.
255. Pipeline operator to inform of special circumstances
(1)
If the pipeline operator of a pipeline is aware of anything which
prevented gas deliveries through the gate point on the pipeline
being made in accordance with a shipper’s request for injections
or swing service provider’s request for repayment (as applicable)
under its transmission contract on a gas day, in a manner that
may have contributed materially to swing service, then it must, as
soon as practicable, give REMCo a description of the cause and
circumstances of that prevention, and the manner in which
injections or repayments (as applicable) were affected.
(2)
REMCo must, within 1 hour after receiving information under rule
255(1), promptly provide the information to each user which gave
an allocation instruction allocating gas to a shipper in the pipeline
for the gas day, and each shipper named in each such allocation
instruction.
256. Calculate swing service on pipeline
(1)
For each gas day for each gate point, REMCo must calculate the
swing service for the gate point as follows:
SS  UDW (OP)  PCI (OP)
where:
(2)
SS
= the swing service for the gate point for the gas
day;
UDW(OP)
= each user’s deemed withdrawals for the other
gate point for the sub-network for the gas day
calculated under rule 248; and
PCI (OP)
= the pipeline corrected injections for the other
gate point for the sub-network for the gas day
calculated under rule 220(2).
If the swing service calculated under rule 256(1) for a gate point
for a gas day, prior to having the absolute value sign applied to it:
(a)
is a positive number, the swing service is loan swing service;
and
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(b)
is a negative number, the swing service is park swing
service,
for the purposes of this Chapter 5.
257. There is no rule 257
258. There is no rule 258
259. Calculate swing base amount
(1)
For each gas day for each user for each gate point, REMCo must
calculate the user’s “swing base amount” as follows:
SBA = |UPNA|
where:
SBA
= the user’s swing base amount for the gate point for
the gas day; and
UPNA
= the user’s pipeline nomination amount for the gate
point for the gas day calculated under rule 197.
260. Determine swing errors
(1)
For each user for each gate point for each gas day, REMCo must
determine the user’s “swing error” (“SE”) as follows:
SE  UPNA  UDW
where:
SE
= the user’s swing error for the gate point for the
gas day;
UPNA
= the user’s pipeline nomination amount for the
gate point for the gas day notified under rule 197;
and
UDW
= the user’s deemed withdrawals for the gate point
for the gas day calculated under rule 248.
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261. Calculate each user’s user-specific swing error
(1)
For each user for each gate point for each gas day, REMCo must
calculate the user’s “user-specific swing error” as follows:
USSE  max 0, SE   A  SBA
where:
(2)
USSE
= the user’s user-specific swing error for the gate
point for the gas day;
SE
= the user’s swing error for the gate point for the gas
day calculated under rule 260;
A
= a variable; and
SBA
= the user’s swing base amount for the gate point for
the gas day calculated under rule 259;
The value to be used for the variable “A” in rule 261(1) is 20%.
262. Calculate each user’s total (pre-procurement) swing service
For each gas day for each user for each gate point, REMCo must
calculate the “user’s total (pre-procurement) swing service” as
follows:
USS 
| UETW |
 SS
 | UETW |
where:
USS
= the user’s total (pre-procurement) swing service
for the gate point for the gas day, which is either
loan swing service or park swing service;
|UETW| = the absolute value of the user’s estimated total
withdrawals for the sub-network for the gas day
calculated under rule 228;
|UETW| = the sum of the absolute value of each user’s user’s
estimated total withdrawals for all users in the subnetwork for the gas day calculated under rule 228;
and
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SS
= the swing service for the gate point for the gas
day calculated under rule 256, which under rule
256(2) is either loan swing service or park swing
service.
263. Calculate each user’s user-specific amount of swing service (if any)
For each user for each gate point for each gas day, REMCo must
calculate the user’s user-specific amount of swing service as
follows:
 USSE
USA 
 USS
 SE
GP
GP
where:
USA
= the user’s user-specific amount of swing service for
the gate point for the gas day;
USSE
= each of the user’s user-specific swing errors for
each gate point for the sub-network for the gas day
calculated under rule 261;
SE
= each of the user’s swing errors for each gate point
for the sub-network for the gas day calculated under
rule 260; and
USS
= the user’s total (pre-procurement) swing service
for the gate point for the gas day calculated under
rule 262.
264. Calculate the total of all users’ user-specific amounts of swing service
For each gate point for each gas day, REMCo must calculate the
total of all users’ user-specific amounts of swing service as follows:
TUSA  USA
where:
TUSA
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= the total of all users’ user-specific amounts of
swing service for the gate point for the gas day; and
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USA
= the user-specific amount of swing service for each
user for the gate point for the gas day calculated
under rule 263.
265. Calculate total non-user-specific pre-procurement amount of swing
service
For each gate point for each gas day, REMCo must calculate the
total of all users’ non-user-specific amounts of swing service as
follows:
TUNUSA  SS  TUSA
where:
TUNUSA = the total of all users’ non-user-specific amounts of
swing service for the gate point for the gas day;
SS
= the swing service for the gate point for the gas day
calculated under rule 256; and
TUSA
= the total of all users’ user-specific amounts of
swing service for the gate point for the gas day
calculated under rule 264.
266. Calculate each user’s non-user-specific pre-procurement amount of
swing service
(1)
For each user for each gate point for each gas day, REMCo must
determine the user’s non-user-specific amount of swing service as
follows:
NUSA  USS  USA
where:
NUSA
= the user’s non-user-specific amount of swing
service for the gate point for the gas day;
USS
= the user’s total (pre-procurement) swing service
for the gate point for the gas day calculated under
rule 262; and
USA
= the user’s user-specific amount of swing service for
the gate point for the gas day calculated under rule
263.
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Part 5.11– Off-market swing service procurement
267. Off-market swing service procurement instruction
(1)
Subject to this Part 5.11, for each gate point for each gas day, a
user may provide a “procurement instruction” to REMCo, for
the user to procure off-market part or all of its swing service for
the gas day from one or more swing service providers.
(2)
A procurement instruction must specify the gas day to which it
applies, and may be provided to REMCo no earlier than one year
before, and no later than 30 minutes before, the start of the gas
day.
{Note: A user who wishes to lodge a “standing procurement instruction”
for, say, a year in advance can achieve this result by lodging 365 separate
daily procurement instructions in advance.}
(3)
To be valid, a procurement instruction must contain one or more
requests to REMCo to allocate swing service in accordance with
arrangements made by the user to procure off-market (each a
“procurement request”) for the gas day, each of which sets out:
(a)
the gate point for the procurement instruction;
(b)
the name of the swing service provider from which the user
wishes to procure off-market, provided that the swing
service provider is listed in the shipper register as a swing
service provider for the user lodging the procurement
instruction in respect of the pipeline and sub-network to
which the procurement instruction relates;
(c)
the maximum quantity of swing service the user wishes to
procure off-market under the procurement request,
expressed in whole megajoules;
(d)
whether the user wishes to procure a park swing service or
a loan swing service;
(e)
the priority the user wishes REMCo to afford the
procurement request as against the other procurement
requests set out in the user’s procurement instruction;
(f)
whether, if REMCo applies the procurement request under
rule 270 to make the procurement request an “applied
request”, the swing service procured in the applied request
will be repaid on the user’s behalf by:
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(i)
the swing service provider from whom the user
procured the swing service; or
(ii)
one or more swing service providers other than the
swing service provider named in the procurement
request under rule 267(3)(b), in which case the user
must specify, subject to rule 267(3A), the name of
each swing service provider, and the proportion of
swing service the swing service provider will repay.
(3A) A user may only specify the name of a swing service provider
under rule 267(3)(f)(ii) if that swing service provider:
(4)
(a)
is a swing service provider on the same pipeline as the
swing service provider from whom the user procured the
swing service; and
(b)
is listed in the shipper register as a swing service provider
for the user lodging the procurement instruction in respect
of the pipeline and sub-network to which the procurement
instruction relates; and
(c)
its listing on the shipper register for the procuring user and
the sub-network is effective for the gas day to which the
procurement request relates.
By providing a procurement instruction under this Part 5.11, a
user warrants and represents to REMCo that:
(a)
each of the swing service providers set out in the
procurement instruction under rule 267(3)(b) agrees to, and
has sufficient contractual entitlements to, provide swing
service to the user in accordance with the procurement
request listed in the procurement instruction on the gas day
to which the procurement instruction applies; and
(b)
each of the swing service providers set out in the
procurement instruction under rule 267(3)(f) agrees to, and
has sufficient contractual entitlements to, repay the
appropriate swing service repayment quantity on the user’s
behalf two days after the gas day to which the procurement
instruction applies.
{Note: Under rule 376A(2), a breach of this warranty will expose
the user to liability for more than just direct damage.}
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(5)
A user may withdraw or vary a procurement instruction it has
lodged under rule 267(1) for a gate point which applies to a gas
day if the request to withdraw or vary is received by REMCo at
least 30 minutes before the start of the gas day.
268. Swing service provider gives REMCo off-market swing service
procurement confirmation
(1)
For each user for each gate point for each gas day, where a user
provides a procurement instruction to REMCo, the user must
endeavour to procure each swing service provider listed in a
procurement request to provide, by no later than 30 minutes
before the start of the gas day, a “procurement confirmation”
to REMCo, which is a statement by the swing service provider that
it agrees to provide swing service to the user for the gas day in
accordance with the corresponding user’s procurement request
and sets out the following information in respect of the
procurement confirmation:
(a)
the gate point to which it applies;
(b)
the name of the user to which it applies;
(c)
the maximum quantity of swing service the swing service
provider is willing to provide to the user, expressed in
megajoules, which must be equal to or more than the
quantity set out in the corresponding user’s procurement
request;
(d)
whether the swing service provider will provide a park swing
service or a loan swing service.
(2)
A procurement confirmation must specify the gas day to which it
applies.
(3)
By providing a procurement confirmation under this Part 5.11, a
swing service provider warrants and represents to REMCo that the
swing service provider has sufficient contractual entitlements to
provide swing service to the user in accordance with the
corresponding user’s procurement request on the gas day to which
the procurement confirmation applies.
{Note: Under rule 376A(2), a breach of this warranty will expose the swing
service provider to liability for more than just direct damage.}
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269. REMCo validates users’ procurement requests and provides status
report
(1)
For each gate point for each gas day:
(a)
first, by no later than 16 hours before the start of the gas
day (“first check”); and
(b)
then again, after 30 minutes before the start of the gas day
(“final check”),
REMCo must assess each procurement request in each user’s
procurement instruction and each procurement confirmation to
determine whether REMCo has received, as appropriate, a
corresponding procurement confirmation from a swing service
provider or corresponding procurement request from a user.
(2)
(3)
By no later than 16 hours before the start of the gas day, and
again during the 30 minute period immediately preceding the start
of the gas day, REMCo must provide a “status report”:
(a)
to each user, setting out each procurement request in the
user’s procurement instruction for the gas day for which
REMCo has received a corresponding procurement
confirmation from a swing service provider at the time of the
first check; and
(b)
to each swing service provider, setting out each of the swing
service provider’s procurement confirmations for the gas
day for which REMCo has received a corresponding
procurement request from a user at the time of the first
check.
Each procurement request in a user’s procurement instruction for
which REMCo identifies a corresponding procurement confirmation
from a swing service provider at the time of the final check is a
“validated procurement request”, and may be applied by
REMCo if appropriate under rule 270.
270. REMCo to calculate off-market swing service procurement – applied
requests
For each user for each gate point for each gas day, REMCo must
apply (“applied request”) the user’s validated procurement
requests in the priority order specified by the user, until all of the
user’s total (pre-procurement) swing service is exhausted:
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(a)
first, against the user’s non-user-specific amount of swing
service calculated under rule 266;
and, if the user’s validated procurement requests exhaust the
user’s non-user-specific amount of swing service:
(b)
then, against the user’s user-specific amount of swing
service calculated under rule 263.
271. REMCo to calculate surplus swing service
For each procurement confirmation, REMCo must determine the
amount of swing service set out in the procurement confirmation
which was not applied against a user’s swing service under rule
270 (“surplus”).
272. Adjust non-user-specific amounts for outcomes of off-market swing
service procurement
For each user for each gate point for each gas day, REMCo must
determine the user’s “adjusted non-user-specific amount” of
swing service as follows:
ANUSA = NUSA(PP) – NUSA(POM)
where:
ANUSA
= the user’s adjusted non-user-specific amount
of swing service for the gate point for the gas
day;
NUSA(PP)
=
the
user’s
non-user-specific
(preprocurement) amount of swing service for the
gate point for the gas day calculated under rule
266; and
NUSA(POM)
= the amount of non-user-specific swing service
that the user has procured off-market for the
gate point for the gas day determined under rule
270.
273. Calculate users’ total adjusted non-user-specific amounts
For each gate point for each gas day, REMCo must calculate the
total of all users’ adjusted non-user-specific amounts of swing
service as follows:
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TANUSA   ANUSA
where:
TANUSA
= the total of all users’ adjusted non-user-specific
amounts of swing service for the gate point for the
gas day; and
ANUSA
= each user’s adjusted non-user-specific amount
of swing service for the gate point for the gas day
calculated under rule 272.
274. Adjust user-specific amounts for outcomes of off-market swing service
procurement
For each user for each gate point for each gas day, REMCo must
determine the user’s “adjusted user-specific amount” of swing
service as follows:
AUSA  USA  USA(POM )
where:
AUSA
= the user’s adjusted user-specific amount of
swing service for the gate point for the gas day;
USA
= the user’s user-specific amount of swing
service for the gate point for the gas day
calculated under rule 263; and
USA(POM) = the user-specific amount of swing service that
the user has procured off-market for the gate point
for the gas day determined under rule 270.
275. Calculate users’ total adjusted user-specific amounts
For each gate point for each gas day, REMCo must calculate the
total of all users’ adjusted user-specific amounts of swing service
as follows:
TAUSA   AUSA
where:
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TAUSA
= the total of all users’ adjusted user-specific
amounts of swing service for the gate point for the
gas day; and
AUSA
= each user’s adjusted user-specific amount of swing
service for the gate point for the gas day calculated
under rule 274.
276. Calculate total swing service to be procured through bid-stack
For each gate point for each gas day, REMCo must calculate the
total amount of swing service to be procured through the
applicable bid stack as follows:
TSS ( BS )  TANUSA  TAUSA
where:
TSS(BS)
= the total amount of swing service to be procured
through the applicable bid stack for the gate point
for the gas day;
TANUSA
= the total of all users’ adjusted non-user-specific
amounts of swing service for the gate point for the
gas day calculated under rule 273; and
TAUSA
= the total of all users’ adjusted user-specific
amounts of swing service for the gate point for the
gas day calculated under rule 275.
Part 5.12 – Allocating swing service in bid stack
277. Subscription for information
(1)
A person may apply to REMCo to become a “subscriber” for a
sub-network for a year upon:
(a)
the payment of an annual fee nominated by REMCo from
time to time; and
(b)
agreeing to be bound by any confidentiality obligations
specified by REMCo from time to time.
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(2)
For each gas day, by no later than 7 hours after the end of the
gas day, REMCo must notify each subscriber of the following data
for the sub-network:
(a)
each bid stack for the gas day, as described in rule 286;
(b)
for each gate point, the marginal clearing price for the total
amount of swing service to be procured through the bid
stack for the gas day determined under rule 287;
(c)
for each gate point, the marginal clearing price for the total
of all adjusted non-user-specific amounts of swing service
to be procured through the bid stack for the gas day
determined under rule 288; and
(d)
for each gate point, the swing service calculated under rule
256.
278. Users appoint REMCo as agent for entering into SSPUDs etc
(1)
(2)
Each user severally appoints REMCo as its agent for the following:
(a)
to enter into a SSPOLRUD with a SSPOLR; and
(b)
to issue an admission notice in respect of the user.
Each user severally appoints REMCo as its agent for the following:
(a)
to enter into a SSPUD with a swing service provider; and
(b)
to issue an admission notice in respect of the user.
(3)
The agency set out in rules 278(1) and 278(2) is irrevocable for
so long as the user remains a user.
(4)
Nothing in this rule 278 limits the authority which users may
otherwise give to REMCo by unanimous prior written consent.
279. Swing service providers
For each gate point, REMCo may enter into one or more swing
service provision umbrella deeds (“SSPUD”) in the form set out
in Appendix 7 with one or more swing service providers (“SSP”).
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280. Swing service provider of last resort
(1)
For each gate point, for each of park swing service and loan swing
service, REMCo must enter into a swing service provider of last
resort umbrella deed (“SSPOLRUD”) in the form set out in
Appendix 8 with a swing service provider of last resort
(“SSPOLR”).
(2)
REMCo may enter into a SSPOLRUD with more than one SSPOLR
(for example, for different SSPOLRs to provide swing service on
different days of the week), but for each gate point for each gas
day for each of park swing service and loan swing service, there
must be one and only one SSPOLR.
(3)
A SSPOLR may not be appointed unless chosen as a result of a
competitive tender process which is designed and conducted by
REMCo:
(a)
to the standard of a reasonable and prudent person; and
(b)
with a view to minimising (as far as possible in the view of
a reasonable and prudent person) the SSPOLR price.
281. Swing service bids
(1)
A swing service provider who is party to a SSPUD may lodge a bid
book with REMCo for a gate point for a gas day.
(2)
A bid book must specify the gas day to which it applies, and may
be lodged with REMCo no earlier than one year before, and no
later than 30 minutes before, the start of the gas day.
{Note: A swing service provider who wishes to lodge a “standing bid book”
for, say, a year in advance can achieve this result by lodging 365 separate
daily bid books in advance.}
(3)
A bid book must contain one or more bids for the provision of
swing service for the gas day to which the bid book applies.
(4)
The maximum amount of swing service specified in a bid:
(a)
may be expressed either:
(i)
as a fixed amount; or
(ii)
as part or all (in accordance with this rule 281(4)) of
the surplus of a procurement confirmation, if any,
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determined by REMCo under rule 271 after the end of
the gas day;
{Note: A rule is to be developed after go-live date to
accommodate the following additional subrule:
“ or (iii) as part or all (in accordance with this rule
281(4)) of what remains after deducting the user’s
estimated total withdrawals for the gas day calculated
under rule 228 from a fixed amount specified by the
user; ”.}
and
(b)
must be expressed in such a way that REMCo can determine,
after the end of the gas day, the maximum amount of swing
service being offered.
(5)
A swing service provider may withdraw or vary a bid book it has
lodged under rule 281(1) for a gate point which applies to a gas
day if the request to withdraw or vary is received by REMCo at
least 30 minutes before the start of the gas day.
(6)
A swing service provider that lodges a bid book with REMCo which
applies to a gas day under this rule 281 consents to REMCo making
available the bids in the bid book after the gas day as part of the
bid stack, as set out in rules 277 and 286.
282. Requirements for valid bid
A bid in a bid book lodged under rule 281(1) for a gate point is
valid if:
(a)
the person lodging the bid book is a party to a SSPUD as a
swing service provider;
(b)
the bid book was lodged at least 30 minutes before the start
of the gas day to which it applies;
(c)
the bid specifies a price for the provision of the swing service
in cents, up to three decimal places, per megajoule;
(d)
the bid specifies whether the bid relates to a park swing
service or a loan swing service; and
(e)
subject to rule 281(4), the bid specifies the maximum
amount of swing service the swing service provider will
provide under the bid.
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283. If bid is not valid
Upon receipt of a bid book under rule 281(1) which contains a bid
which is not valid, REMCo must immediately:
(a)
reject the bid book; and
(b)
notify the person that lodged the bid book that the bid book
has been rejected and provide the reason why the relevant
bid or bids are not valid.
284. If bid is valid REMCo accepts it into bid stack
Upon receipt of a bid book for a gate point for a gas day under
rule 281(1) in which every bid is valid, then REMCo must
forthwith:
(a)
remove from both bid stacks for the gate point for the gas
day each bid currently in the bid stack from the swing
service provider; and
(b)
accept each bid from the bid book into the appropriate bid
stack for the gate point for the gas day under rule 285.
285. REMCo bid stacks
(1)
For each gate point for each gas day, REMCo must create and
administer two “bid stacks”, one for each of park swing service
and loan swing service, for all bids accepted under rule 284 as
follows (subject to rule 285(2)):
(a)
REMCo must arrange the bids in each bid stack in order from
lowest price (at the bottom) to highest price (at the top);
(b)
REMCo must add new bids to the bid stack in price order in
accordance with rule 285(1)(a), regardless of when they are
received;
(c)
if two bids in the same bid stack specify the same price,
REMCo must place the bid which specifies the larger volume
in the bid stack beneath the bid which specifies the smaller
volume; and
(d)
if two or more bids in the same bid stack specify the same
price and the same volume, REMCo must place the bids at
the same position in the bid stack.
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(2)
(3)
For each gate point for each gas day for which there is a SSPOLR
for park swing service or loan swing service, as the case may be,
the SSPOLR is deemed to have lodged a standing bid (“standing
SSPOLR bid”) into the bid stack:
(a)
for the supply of park swing service or loan swing service,
as the case may be; and
(b)
in an amount which (subject to the terms of the SSPOLRUD)
is unlimited; and
(c)
at the SSPOLR price specified in the SSPOLRUD.
Whenever a SSPOLR has a standing SSPOLR bid for a gate point
for a gas day, the standing SSPOLR bid must be the top (i.e. last
to be called upon) bid in the bid stack regardless of the SSPOLR
price.
286. REMCo to publish bid stack
For each gate point, REMCo must make available the bid stack to
users and swing service providers within 5 hours after the end of
the gas day, setting out for each bid the volume and price of the
bid but not the identity of the swing service provider who lodged
the bid.
287. Determine marginal clearing price for total amount of swing service to
be procured through applicable bid-stack
(1)
For each gate point for each gas day, within 5 hours after the end
of the gas day, REMCo must determine in accordance with rule
287(2), and publish to users and swing service providers, the
marginal clearing price for the total amount of swing service to be
procured through the applicable bid stack (“MCP(TSS(BS))”),
which is expressed in cents, up to three decimal places, per
megajoule.
(2)
The MCP(TSS(BS)) is the price on the bid stack which intersects
with the total amount of swing service to be procured through
the bid stack for the gate point for the gas day (“TSS(BS)”)
calculated under rule 276, however REMCo may only use the
standing SSPOLR bid to determine the MCP(TSS(BS)) where all
the other bids in the bid stack are exhausted because insufficient
swing service was bid into the bid stack to meet the TSS(BS),
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and then, it may only be used to the extent that such a shortfall
exists.
(3)
(4)
If, in determining the MCP(TSS(BS)) under this rule 287 REMCo is
required to use the standing SSPOLR bid, then:
(a)
if the price specified for the bid immediately prior to the
standing SSPOLR bid is higher than the SSPOLR price – the
price specified for that bid applies to the standing SSPOLR
bid instead of the SSPOLR price; and
(b)
if the price specified for the bid immediately prior to the
standing SSPOLR bid is lower than the SSPOLR price – the
SSPOLR price applies to the standing SSPOLR bid.
For the purposes of rule 295:
(a)
subject to rule 287(4)(b), each bid in the bid stack that is
used in setting the MCP(TSS(BS)) is an “AUSA bid”; and
(b)
if the quantity of TSS(BS) is less than the aggregate amount
of swing service in all the bids in the bid stack up to and
including the bid or bids at which the MCP(TSS(BS)) is struck
under rule 287(2), then:
(i)
if there is only one such bid, the bid is to be divided
into two parts, with:
A.
the first part being for the marginal quantity of
TSS(BS) and being at the MCP(TSS(BS)) (an
“AUSA bid”); and
B.
the second part being for the remaining
quantity and being disregarded,
and
(ii)
if there is more than one such bid because of the
operation of rule 285(1)(d), each such bid is to be
divided into two parts, with:
A.
Retail Market Rules Version 6.7
each first part being for an equal proportion of
the entire marginal quantity of TSS(BS) and
being at the MCP(TSS(BS)) (each an “AUSA
bid”); and
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B.
each second part being for an equal proportion
of the entire remaining quantity and being
disregarded.
288. Determine marginal clearing price for adjusted non-user-specific
amounts of swing service
(1)
For each gate point for each gas day, within 5 hours after the end
of the gas day, REMCo must determine in accordance with rule
288(2), and publish to users and swing service providers, the
marginal clearing price for the total of all adjusted non-userspecific amounts of swing service (“MCP(ANUSA)”), which is
expressed in cents, up to three decimal places, per megajoule.
(2)
The MCP(ANUSA) is the price on either the loan swing service bid
stack or park swing service bid stack, as applicable, which
intersects with the total of all users’ adjusted non-user-specific
amounts for the gate point for the gas day (“TANUSA”) calculated
under rule 273, however REMCo may only use the standing
SSPOLR bid to determine the MCP(ANUSA) where all the other bids
in the bid stack are exhausted because insufficient swing service
was bid into the bid stack to meet the TANUSA, and then, it may
only be used to the extent that such a shortfall exists.
(3)
If, in determining the MCP(ANUSA) under this rule 288 REMCo is
required to use the standing SSPOLR bid, then:
(4)
(a)
if the price specified for the bid immediately prior to the
standing SSPOLR bid is higher than the SSPOLR price – the
price specified for that bid applies to the standing SSPOLR
bid instead of the SSPOLR price; and
(b)
if the price specified for the bid immediately prior to the
standing SSPOLR bid is lower than the SSPOLR price – the
SSPOLR price applies to the standing SSPOLR bid.
For the purposes of rule 295:
(a)
subject to rule 288(4)(b), each bid in the bid stack that is
used in setting the MCP(ANUSA) is an “ANUSA bid”; and
(b)
if the quantity of TANUSA is less than the aggregate amount
of swing service in all the bids in the bid stack up to and
including the bid or bids at which the MCP(ANUSA) is struck
under rule 288(2), then:
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(i)
if there is only one such bid, the bid is to be divided
into two parts, with:
A.
the first part being for the marginal quantity of
TANUSA and being at the MCP(ANUSA) (an
“ANUSA bid”); and
B.
the second part being for the remaining
quantity and being at the MCP(TSS(BS)) (an
“AUSA bid”),
and
(ii)
if there is more than one such bid because of the
operation of rule 285(1)(d), each such bid is to be
divided into two parts, with:
A.
each first part being for an equal proportion of
the entire marginal quantity of TANUSA and
being at the MCP(ANUSA) (each an “ANUSA
bid”); and
B.
each second part being for an equal proportion
of the entire remaining quantity and being at
the MCP(TSS(BS)) (each an “AUSA bid”).
288A. TSS(BS) bids
A bid that is an AUSA bid or an ANUSA bid under rule 287 or rule
288 is also a “TSS(BS) bid” for the purposes of these rules.
289. Calculate total swing service cost (all users)
For each gate point for each gas day, REMCo must determine the
“total swing service cost” across all users as follows:
TSSC  MCP(TSS ( BS ))  TSS ( BS )
where:
TSSC
= the total swing service cost across all users
for the gate point for the gas day;
MCP(TSS(BS)) = the marginal clearing price for the total
amount of swing service to be procured
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through the applicable bid stack for the gas
day determined under rule 287; and
TSS(BS)
= the total amount of swing service to be
procured through the applicable bid stack for
the gate point for the gas day calculated under
rule 276.
290. Calculate total non-user-specific swing service cost (all users)
For each gate point for each gas day, REMCo must determine the
“total non-user-specific swing service cost” across all users
as follows:
TNUSAC  MCP( ANUSA)  TANUSA
where:
TNUSAC
= the total non-user-specific swing service
cost across all users for the gate point for
the gas day;
MCP(ANUSA)
= the marginal clearing price for the total
amount of all adjusted non-user-specific
amounts of swing service to be procured
through the applicable bid stack for the gas
day determined under rule 288; and
TANUSA
= the total of all users’ adjusted non-userspecific amounts of swing service for the
gate point for the gas day calculated under
rule 273.
291. Calculate total user-specific swing service cost (all users)
For each gate point for each gas day, REMCo must determine the
“total user-specific swing service cost” across all users as
follows:
TUSAC  TSSC  TNUSAC
where:
TUSAC
Retail Market Rules Version 6.7
= the total user-specific swing service cost across all
users for the gate point for the gas day;
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TSSC
= the total swing service cost across all users
for the gate point for the gas day calculated under
rule 289; and
TNUSAC = the total non-user-specific swing service cost
across all users for the gate point for the gas day
calculated under rule 290.
292. For each user, calculate its user-specific swing service cost
For each user for each gate point for each gas day, REMCo must
determine the user’s user-specific swing service cost as follows:
USAC  TUSAC 
AUSA
TAUSA
where:
USAC
= the user’s user-specific swing service cost for the
gate point for the gas day;
TUSAC
= the total user-specific swing service cost across all
users for the gate point for the gas day calculated
under rule 291;
AUSA
= the user’s adjusted user-specific amount of swing
service for the gate point for the gas day calculated
under rule 274; and
TAUSA
= the total of all users’ adjusted user-specific
amounts of swing service for the gate point for the
gas day calculated under rule 275.
293. For each user, calculate its non-user-specific swing service cost
For each user for each gate point for each gas day, REMCo must
determine the user’s non-user-specific swing service cost as
follows:
NUSAC  TNUSAC 
ANUSA
TANUSA
where:
NUSAC
Retail Market Rules Version 6.7
= the user’s non-user-specific swing service cost for
the gate point for the gas day;
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TNUSAC = the total non-user-specific swing service cost
across all users for the gate point for the gas day
calculated under rule 290;
ANUSA
= the user’s adjusted non-user-specific amount of
swing service for the gate point for the gas day
calculated under rule 272; and
TANUSA = the total of all users’ adjusted non-user-specific
amounts of swing service for the gate point for the
gas day calculated under rule 273.
294. For each user, calculate its total swing service cost
For each user for each gate point for each gas day, REMCo must
determine the user’s total swing service cost as follows:
UC  USAC  NUSAC
where:
UC
= the user’s total swing service cost for the gate point
for the gas day;
USAC
= the user’s user-specific swing service cost for the
gate point for the gas day calculated under rule 292;
and
NUSAC
= the user’s non-user-specific swing service cost for
the gate point for the gas day calculated under rule
293.
295. Allocation of swing service to swing service providers
(1)
For each user for each swing service provider for each gate point
for each gas day, REMCo must calculate the “swing service fee”
(“FSS”) as follows:
FSS 
 A(TSS ( BS )bids )
SSP
TSS ( BS )
 UC
where:
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(2)
FSS
= the swing service fee to be paid by the
user to the swing service provider for the
gate point for the gas day;
A(TSS(BS) bids)
= the amount of swing service in each of
the swing service provider’s TSS(BS) bids
under rule 288A;
TSS(BS)
= the total amount of swing service that is
procured through the bid stack for the
gate point for the gas day under rule 276;
and
UC
= the user’s total swing service cost for
the gate point for the gas day calculated
under rule 294.
For each user for each swing service provider for each gate point
for each gas day, REMCo must calculate the “swing service
amount” (“SSA”) as follows:
  A( ANUSA bids )
   A( AUSA bids )

 SSP
  SSP

SSA  
 ANUSA   
 AUSA 
TANUSA
TAUSA

 


 

where:
SSA
= the swing service amount that the swing
service provider provided to the user for the
gate point for the gas day, in megajoules;
A(ANUSA bids) = the amount of swing service in each of the
swing service provider’s ANUSA bids under
rule 288;
TANUSA
= the total of all users’ adjusted non-userspecific amounts of swing service for the gate
point for the gas day calculated under rule
273;
ANUSA
= the user’s adjusted non-user-specific
amount of swing service for the gate point for
the gas day calculated under rule 272;
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A(AUSA bids)
= the amount of swing service in each of the
swing service provider’s AUSA bids under
rules 287 and 288;
TAUSA
= the total of all users’ adjusted user-specific
amounts of swing service for the gate point
for the gas day calculated under rule 275.
AUSA
= the user’s adjusted user-specific amount of
swing service for the gate point for the gas
day calculated under rule 274.
296. Swing service contract note
(1)
For each allocation made under rule 295, REMCo must, within 5
hours after the end of the gas day, give a contract note to the
user and the swing service provider, specifying:
(a)
the name of the swing service provider;
(b)
the name of the user;
(c)
the gate point to which the allocation relates;
(d)
the FSS to be paid to the swing service provider by the user
determined under rule 295(1);
(e)
whether the allocated swing service is park swing service or
loan swing service;
(f)
the SSA provided to the user by the swing service provider
determined under rule 295(2), in megajoules;
(g)
the gas day in respect of which the allocation under rule 295
was made.
296A. User must pay swing service provider
(1)
The user named in a contract note must in accordance with the
applicable SSPUD or SSPOLRUD pay to the swing service provider
named in the contract note the FSS specified under rule 296(d) in
the contract note.
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297. There is no rule 297
298. Timing of repayment of swing service repayment amounts
(1)
A user must ensure that it procures for repayment on gas day D+2
each of the user’s swing service repayment quantities calculated
on gas day D+1;
299. Calculation of swing service repayment quantities
(1)
REMCo must, by 5 hours after the end of gas day D determine
under rule 299(2), and notify the user and the swing service
provider and the swing service provider of last resort of, the swing
service repayment quantity (“SRQ”) for each swing service
provider and swing service provider of last resort that must repay
swing service on gas day D+2 on the user’s behalf.
(2)
For each user for each gate point for each gas day, the user’s SRQ
for a swing service provider is determined as follows:
(a)
where a swing service provider must repay swing service on
behalf of a user as a result of an applied request under rule
270 –
(i)
the SRQ is the amount of swing service applied in the
applied request, or the proportion of the amount
applied as specified in the procurement request
under rule 267(3)(f); and
(ii)
the SRQ must be repaid by the swing service
provider specified in the procurement request under
rule 267(3)(f)(i) or 267(3)(f)(ii), as applicable;
and
(b)
where a swing service provider must repay swing service on
behalf of a user as a result of an allocation from a bid stack
under rule 295 –
(i)
the SRQ is calculated as follows:
SRQ  SSA
where:
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SRQ
= the swing service repayment quantity
for the user for the swing service
provider; and
SSA
= the SSA set out in a contract note
issued to the user and the swing service
provider under rule 296 for the gate
point for the sub-network for the gas
day;
and
(ii)
the SRQ must be repaid by the swing service
provider specified in the contract note issued under
rule 296.
300. Notification of swing service data
(1)
For each gas day for each gate point, REMCo must within 5 hours
after the end of the gas day notify the pipeline operator, users and
their related shippers and the network operator of the swing
service for the gate point calculated under rule 256.
(2)
For each user for each gas day for each gate point, REMCo must
within 5 hours after the end of the gas day notify the user of:
(a)
the user’s total (pre-procurement) swing service (USS) for
the gate point for the gas day calculated under rule 262;
(b)
the user’s user-specific amount of swing service (USA) for
the gate point for the gas day calculated under rule 263;
(c)
the user’s non-user-specific amount of swing service (NUSA)
for the gate point for the gas day calculated under rule 266;
(d)
the user’s adjusted non-user-specific amount of swing
service (ANUSA) for the gate point for the gas day calculated
under rule 272;
(e)
the user’s adjusted user-specific amount of swing service
(AUSA) for the gate point for the gas day calculated under
rule 274; and
(f)
the sum across all users of the absolute value of each user’s
user’s estimated total withdrawal for the sub-network for the
gas day;
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(g)
the sum of all users’ user’s deemed withdrawals for each
gate point for the gas day;
(h)
the total of all users’ user-specific amounts of swing service
for the gate point for the gas day calculated under rule 264;
(i)
the total of all users’ adjusted non-user-specific amounts of
swing service for the gate point for the gas day calculated
under rule 273; and
(j)
the total of all users’ adjusted user-specific amounts of
swing service for the gate point for the gas day calculated
under rule 275.
(3)
For each gate point for each gas day, within 5 hours after the end
of the gas day, REMCo must notify each user and each swing
service provider who is a party to an applied request under rule
270 for the gas day of the details of the applied request including
the quantity allocated in the applied request.
(4)
For each user for each gate point for each gas day, within 5 hours
after the end of the gas day D, REMCo must notify the user of the
user’s swing service repayment quantity for each swing service
provider that must repay swing service on gas day D+2 on the
user’s behalf under rule 298.
Part 5.12A – Swing service causation compensation
300A. Swing service causation compensation
(1)
This rule 300A applies to a person, including a participant, pipeline
operator or a prescribed person (“compensating person”), in
respect of a historical gas day i in a sub-network if REMCo
determines that the compensating person must make a “swing
service causation compensation payment” calculated under
this rule 300A to each of the users (excluding the compensating
person if the compensating person is a user) (“recipient users”)
in the sub-network on historical gas day i.
(2)
REMCo may not make a determination under rule 300A(1) in
respect of a person unless in REMCo’s opinion, formed as a
reasonable and prudent person, the person acted in a manner
which contributed materially to the causation of swing service for
the gate points for the sub-network on historical gas day i.
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(3)
(4)
Without limiting REMCo’s discretion, in forming its opinion for the
purposes of rule 300A(2), if the person is a user for the subnetwork, REMCo may take into account:
(a)
whether the compensating person, on the historical gas day
i, procured the injection and repayment into the subnetwork of an amount of gas equal to the compensating
person’s good faith estimate of its likely user’s estimated
total withdrawals for the historical gas day i, as required by
rule 178;
(b)
whether there was a material difference between the
compensating person’s user’s pipeline nomination amount
and user’s deemed withdrawals for a gate point for the
historical gas day i;
(c)
whether the compensating person, on the historical gas day
i, complied with rules 181 or 182;
(d)
whether on the historical gas day i, REMCo calculated a
corrected recalculated ratio under rule 176(4)(c) after the
compensating person provided a revised user’s pipeline
nomination amount to REMCo, and the pipeline operator
notified REMCo that it could not accommodate the corrected
recalculated ratio, contributing the swing service on the
historical gas day i;and
(e)
any notification to REMCo:
(i)
from a user, shipper, swing service provider or
network operator for the sub-network that the
compensating person may have acted in a manner
which contributed materially to the causation of
swing service on the historical gas day i; and
(ii)
by a pipeline operator under rule 255 regarding the
behaviour of the compensating person on the
historical gas day i.
Without limiting REMCo’s discretion, in forming its opinion for the
purposes of rule 300A(2), if the person is not a user for the subnetwork, REMCo may take into account any notification to REMCo
from a user, shipper, swing service provider or network operator
for the sub-network that the compensating person may have acted
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in a manner which contributed materially to the causation of swing
service on the historical gas day i.
(5)
Before making a determination under rule 300A(1), REMCo must
request from the compensating person, and may request from any
other person, information about the circumstances that REMCo is
considering in deciding whether to make a determination under
rule 300A(1).
(6)
REMCo may specify a time for responding to a request under rule
300A(5), which must be at least 5 full business days from the time
of the request.
(7)
A person who receives a request from REMCo under rule 300A(5)
must, as soon as practicable and in any event within any time
specified under rule 300A(6), provide REMCo with information in
reasonable detail about the relevant circumstances.
(8)
REMCo must not make a determination until the time period in
rule 300A(6) has elapsed, but after that may make a
determination whether or not a person provides information in
accordance with rule 300A(7).
(9)
If REMCo makes a determination under rule 300A(1) in respect of
a compensating person, the amount of the swing service causation
compensation payment for each recipient user in the sub-network
is to be calculated by:
(a)
determining how much of the swing service calculated under
rule 256 for historical gas day i for each gate point was
caused by the compensating person (“compensable swing
quantity”);
(b)
determining the total amount of compensation by applying
the marginal clearing price for the total amount of swing
service procured through each applicable bid stack
(“MCP(TSS(BS))”) which was calculated for historical gas
day i under rule 287 to the compensable swing quantity;
(c)
apportioning the total amount of compensation between the
recipient users on a proportional basis, according to the ratio
between:
(i)
Retail Market Rules Version 6.7
each recipient user’s total (pre-procurement) swing
service amount under rule 262 for each gate point for
the historical gas day i; and
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(ii)
the sum, across all recipient users, of the amount
calculated for each recipient user under rule
300A(8)(c)(i).
(10) If REMCo makes a determination in respect of a person under rule
300A(1), REMCo must notify:
(a)
the compensating person of the fact of the determination
and of the amount of the swing service causation
compensation payment for each recipient user; and
(b)
each recipient user of its amount of swing service causation
compensation payment and the identity of the compensating
person.
(11) In the absence of manifest error, a notice under rule 300A(9) is
conclusive proof of its contents where:
(a)
the total amount of compensation determined under rule
300A(8)(b) for the historical gas day i is equal to or less than
$25,000; or
(b)
the sum across two or more consecutive historical gas days
i of the total amount of compensation determined under rule
300A(8)(b) for each consecutive historical gas day i is equal
to or less than $25,000.
(12) To the extent permitted by law, the swing service compensation
payment specified in a notice under rule 300A(9)(b) is recoverable
as a debt owed by the compensating person to the recipient user
in accordance with Appendix 10.
(13) Within 10 business days of receiving an invoice in respect of the
amount notified under rule 300A(10)(a), the compensating person
must pay to each recipient user the recipient user’s swing service
causation compensation payment.
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Part 5.12B – There is no Part 5.12B
300B. There is no rule 300B
300C. There is no rule 300C
300D. There is no rule 300D
300E There is no rule 300E
300F There is no rule 300F
300G There is no rule 300G
Part 5.13 – Data failure
301. Data failure
(1)
If REMCo does not receive the relevant data for an interval
metered delivery point as required under rule 158 to calculate the
net system load for a sub-network under rule 223, REMCo must
estimate the user’s withdrawals at the interval metered delivery
point using the like day substitution methodology.
(2)
If REMCo does not receive gate point metering data from a
network operator for a gate point for a gas day by the time
specified in rule 152(1)(b), then REMCo must estimate the gate
point metering data using the nomination estimation
methodology.
(3)
Whenever REMCo is required under this rule 301 to estimate a
value, then REMCo may use the estimated value (in place of the
value which was not received) wherever necessary under these
rules.
301A. Manifest data errors and recalculation of gas day results
{Note: If REMCo or any other market participant becomes aware of a
manifest error the party may advise the network operator of the error.}
(1)
If on gas day D the network operator becomes aware of a manifest
error in the data it has provided to REMCo on gas day D under
either rule 152 or 158 in respect of gas day D – 1 it may notify
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REMCo that it reasonably believes there is a manifest error in the
data it has provided. Such notification must include at least the
following:
(a)
the rule under which the data containing the manifest error
was provided to REMCo; and
(b)
if the manifest data error relates to data provided to REMCo
under rule 152, the gate point for which the gate point
metering data is erroneous; or
(c)
if the manifest data error relates to data provided to REMCo
under rule 158, the MIRN for which the interval meter data
is erroneous; and
(d)
the relevant gas day.
(2)
By submitting a notification to REMCo under rule 301A(1) the
network operator warrants that the notification is not fraudulent,
frivolous or vexatious.
(3)
On receipt of a notice under rule 301A(2), REMCo must:
(a)
forthwith notify all participants, shippers, swing service
providers and pipeline operators in the relevant jurisdiction
that the allocation, reconciliation and swing results produced
by REMCo under Parts 5.4 to 5.12 (inclusive) of the rules for
the relevant sub-network and gas day is suspected of
containing manifest errors; and
(b)
forthwith stop the operation of the REMCo Information
System components that produce the allocation,
reconciliation and swing results for the relevant jurisdiction;
and
REMCo will not be required to comply with the timing requirements
for the provision of notices and publication of information under
Parts 5.6, 5.7, 5.8, 5.9 and 5.12 in respect of the affected gas day
and each following gas day up to but not including the gas day on
which REMCo has complied with its obligation under rule 301A(5),
301A(6) or 301A(7) (whichever is applicable).
(4)
Following receipt of a notice from REMCo under rule 301A(3):
(a)
if the manifest data error relates to gate point metering data
provided under rule 152, the pipeline operator for the gate
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point to which the notice relates must use its reasonable
endeavours to determine if the gate point metering data was
erroneous and:
(i)
if the gate point metering data was not erroneous
notify REMCo as soon as reasonably practicable that
the gate point metering data was correct; or
(ii)
obtain amended physical gate point metering data
and provide the amended physical gate point
metering data to the network operator within 51.5
hours of the start of the affected gas day. For the
avoidance of doubt, any amended physical gate point
metering data may be revised estimated values;
or
(b)
if the manifest data error relates to interval meter data
provided under rule 158, the network operator for the
interval meter to which the notice relates must use its
reasonable endeavours to determine if the interval metering
data was erroneous and:
(iii)
if the interval metering data was not erroneous,
notify REMCo as soon as reasonably practicable that
the interval metering data was correct; or
(iv)
obtain amended interval metering data and provide
the amended interval metering data to REMCo within
51.5 hours of the start of the affected gas day. For
the avoidance of doubt, any amended interval
metering data may be revised estimated values.
(5)
If the pipeline operator notifies REMCo under rule 301A(4)(a)(i)
or the network operator notifies REMCo under rule 301A(4)(b)(i)
that the data for gas day D – 1 was not erroneous, then REMCo
must notify all participants, shippers, swing service providers and
pipeline operators in the relevant jurisdiction that the relevant
party has confirmed that the relevant data was correct and,
therefore, that the initial results produced by REMCo in respect of
gas day D – 1 and each subsequent gas day for which results have
been published by REMCo remain valid.
(6)
If the network operator does not provide amended interval meter
data or amended gate point metering data within 51.5 hours of
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the start of the affected gas day, REMCo must notify all
participants, shippers, swing service providers and pipeline
operators in the relevant jurisdiction that it did not receive any
updated interval metering data and, therefore, that the initial
results published by REMCo in respect of gas day D – 1 and each
subsequent gas day for which results have been published by
REMCo remain valid.
(7)
If the network operator provides REMCo with amended gate point
metering data or interval metering data for gas day D – 1 within
51.5 hours of the start of the affected gas day REMCo must:
(a)
as soon as practicable recalculate the allocation,
reconciliation and swing results for gas day D – 1 and any
other gas day subsequent to gas day D – 1 and prior to the
gas day on which the relevant amended data for gas day D
– 1 was provided by the network operator; and
(b)
publish the recalculated results to the relevant participants,
shippers, swing service providers and pipeline operators
according to Parts 5.4 to 5.12 (inclusive) of the rules.
Nothing in this rule 301A relieves a participant, shipper, swing service
provider or pipeline operator from its obligations under Chapter 5.
301B. There is no rule 301B
301C. There is no rule 301C
Part 5.14 – Miscellaneous provisions
302. Multi shipper allocation agreement
(1)
This rule applies to a gate point if a transmission contract or
Access Arrangement requires an agreement between all shippers
who receive gas, and all swing service providers who receive gas
park or loan services, from the pipeline operator at the gate point
(sometimes
known
as
a
“multi-shipper
allocation
agreement”), regarding how actual deliveries of gas at the gate
point are apportioned between shippers and swing service
providers.
(2)
The allocations which will apply as the multi-shipper allocation
agreement for the gate point for each gas day are as follows:
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(3)
(4)
(a)
each shipper is deemed to have taken delivery of its
shipper’s hourly gate point apportionment for each hour in
the gas day for the pipeline which interconnects to the gate
point, calculated under rule 252(2);
(b)
each shipper is deemed to have taken delivery of its shippers
deemed injection for the gas day for the pipeline which
interconnects to the gate point, calculated under rule 246;
(c)
each swing service provider is deemed to have received an
amount of park or loan service from the pipeline operator at
the gate point, as specified in:
(i)
an applied request under rule 270; or
(ii)
a contract note under rule 296.
For each pipeline for each sub-network for each gas day, within 5
hours after the end of the gas day, REMCo must:
(a)
provide to the pipeline operator a “multi-shipper
allocation report” setting out the information referred to
in rule 302(2) for each shipper and swing service provider
on the pipeline; and
(b)
provide to each shipper and swing service provider on the
pipeline, a shipper’s “multi-shipper allocation report”
setting out the information referred to in rule 302(2) for the
shipper or swing service provider.
To avoid doubt, if rule 178 requires a user to procure the injection
or repayment into the sub-network of a negative amount of gas
on a gas day, that negative amount is to be included in the
calculations for the multi-shipper allocation agreement and may
result in a shipper having a negative deemed injection for the gas
day.
303. There is no rule 303
304. Recovery from REMCo Failure
(1)
If for any period of time on any day that is not a business day,
REMCo cannot perform its obligations under this Chapter 5
because of failure of the REMCo information system (each a
“system down time”), then:
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(2)
(a)
As soon as practicable after the system down time occurs
REMCo must rectify the system failure.
(b)
On the day the system failure is rectified REMCo must, as
soon as practicable, provide the information it is required to
provide under this Chapter 5 for each gas day during the
system down time up to and including the gas day on which
the information is provided. The information must be
provided in chronological order.
If the system failure only affects the input of information into
REMCo, then REMCo will perform for each gas day during the
system down time the calculations described in this Chapter 5
using estimates for each piece of data that it does not receive
under these rules. Any discrepancy between the estimates used
by REMCo and the actual data will be treated as a reconciliation
under Part 5.7.
305. There is no rule 305
306. Maintenance and accessibility of REMCo data
REMCo must maintain all data collected, received, generated or
sent to any person by REMCo under this Chapter 5 and any data
that is the result of REMCo’s latest final calculations for a gas day:
(a)
(b)
in a format that identifies:
(i)
the time and date the data was collected, received,
generated or sent by REMCo; and
(ii)
the person from whom REMCo collected or received
the data, or to whom REMCo sent the data, or if
REMCo generated the data, REMCo is identified as
having generated the data, and
for at least 2 years, in a format that is accessible within 2
business days to enable the repeated performance of
calculations REMCo is responsible for performing under this
Chapter 5 for any of and up to the previous 425 gas days;
and
(i)
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307. There is no rule 307
308. Review of Chapter 5
(1)
Unless otherwise unanimously agreed by all participants and
REMCo, REMCo must review the operation of this Chapter 5 of the
rules, to ensure that:
(a)
the REMCo information system is operating in accordance
with this Chapter 5; and
(b)
Chapter 5 is not having an unduly prejudicial impact on
REMCo or any participant, pipeline operator, prescribed
person or interested person.
(2)
A review under rule 308(1) must be commenced as soon as
practicable after the expiry of 6 months, 18 months and 3 years
after the go-live date, and must be completed as quickly as
practicable and in any event within 3 months.
(3)
Prior to commencing a review under rule 308(1), REMCo must as
a reasonable and prudent person, and in consultation with the
persons required to comply with this Chapter 5, determine the
terms of reference, scope of work and work programme for the
review.
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Chapter 6 – Compliance and Interpretation
Part 6.1 – The independent compliance panel
309. REMCo to create compliance panel
(1)
REMCo must establish a compliance panel under these rules by
the go-live date.
(2)
Within 3 months after a compliance panel member retires, is
removed or otherwise vacates the office, REMCo must appoint a
replacement member.
310. Composition of compliance panel
The compliance panel must comprise at least 3 members meeting,
in REMCo’s opinion, the following criteria:
(a)
a chairperson with a legal background; and
(b)
one member with financial experience; and
(c)
one member with technical and gas industry experience
preferably in WA.
311. Compliance panel member’s conflict of interest
(1)
In this rule 311 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 a compliance panel member whereby, directly or indirectly,
duties or interests are or might be created for the compliance
panel member which conflict, or might reasonably be expected to
conflict, with any one or more of the following:
(c)
the compliance panel member’s duties in making a
determination under this Chapter 6;
(d)
the interests of REMCo; or
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(e)
the interests of one or more participants, pipeline operator
or prescribed person.
(2)
REMCo must not appoint a person as a compliance panel member,
if REMCo becomes aware of an actual conflict of interest in the
compliance panel member that might reasonably be expected to
materially adversely affect the compliance panel member’s
independence and impartiality or the performance of his or her
duties.
(3)
REMCo must ensure that each compliance panel member:
(4)
(a)
at all times  provides full disclosure of all actual or
potential conflicts of interest to REMCo; and
(b)
at all times  has in operation effective procedures to detect
any actual or potential conflict of interest which arises during
the member’s tenure; and
(c)
as soon as practicable notifies REMCo of any actual or
potential conflict of interest which arises during the
member’s tenure, and of any non-compliance with this rule
311.
Within 20 business days after notification of a conflict of interest
under rule 311(3)(a) or rule 311(3)(c), REMCo must consider the
nature and extent of the conflict of interest and may, having
regard to whether the conflict of interest might reasonably be
expected to materially adversely affect the compliance panel
member’s independence and impartiality or the performance of his
or her duties:
(a)
permit the member to continue as a member of the
compliance panel; or
(b)
terminate the member’s tenure by notice to the member,
with effect from the date on which the conflict of interest
arose; or
(c)
disqualify the member from participating in a compliance
panel proceeding in respect of which the conflict of interest
arises.
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312. Tenure of compliance panel members
(1)
REMCo may appoint each compliance panel member for a period
of up to 3 years.
(2)
REMCo may re-appoint a compliance panel member whose tenure
has expired or been terminated.
313. Vacation of compliance panel membership
A person immediately ceases to be a member of the compliance
panel 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 REMCo; or
(c)
dies.
314. Removal of a compliance panel member
(1)
REMCo may remove a compliance panel member in the following
circumstances:
(a)
under rule 311(4)(b);
(b)
if the member becomes bankrupt, is convicted of fraud or
on indictment of an offence other than fraud or is otherwise
ineligible to be appointed as a director of a corporation under
the Corporations Act; or
(c)
if REMCo considers that the member has failed to adequately
discharge the duties of a compliance panel member; or
(d)
if REMCo considers that the compliance panel member is
otherwise unfit to hold the position of compliance panel
member.
(2)
REMCo may seek a recommendation from the compliance panel
chairperson for the purposes of rules 314(1)(c) and 314(1)(d)
(3)
REMCo must forthwith notify a person in writing of his or her
removal under rule 314(1).
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315. Chair vacancies
If the position of compliance panel chairperson is vacant, all
compliance panel proceedings are suspended until:
(a)
REMCo appoints a compliance panel chairperson under rule
309; or
(b)
such time as REMCo determines.
{Note: Compliance panel proceedings are suspended if there is no
chairperson with a legal background because of the nature of
compliance panel proceedings.}
316. Interim members of compliance panel
If at any time the compliance panel does not comprise sufficient
members necessary to meet the quorum requirements set out in
rule 317, REMCo may appoint an interim compliance member
including an interim chairperson, qualified in accordance with rule
310, to hold office until such time as necessary to ensure that the
compliance panel is properly constituted under Part 6.1 of the rules.
317. Quorum
A quorum of 3 members, including the compliance panel
chairperson, is required at any time that the compliance panel is
convened to perform its functions under these rules.
318. Administrative assistance
REMCo must provide all reasonable administrative assistance to
the compliance panel, as requested by the compliance panel
chairperson.
319. Minutes
(1)
The compliance panel chairperson must ensure that each
compliance panel proceeding is minuted.
(2)
Within 5 business days after a compliance panel proceeding, the
compliance panel chairperson must circulate the draft minutes of
the proceeding to the other members of the compliance panel for
consideration and approval.
(3)
REMCo must ensure that the minutes of a compliance panel
proceeding are made available to, and accessible by each
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compliance panel member for 7 years after the date of the
proceeding.
320. Remuneration of compliance panel members
(1)
REMCo must determine from time to time the hourly or daily rate
or rates of remuneration payable by REMCo to a compliance panel
member.
(2)
REMCo must pay each compliance panel member:
(a)
the amount of the remuneration determined under rule
320(1); and
(b)
his or her associated travelling and other expenses
reasonably incurred in connection with attendance at
compliance panel proceedings and otherwise in the
execution of his or her duties as a compliance panel
member, provided that REMCo has given the compliance
panel member prior written approval to incur the expense.
321. Limitation of liability for compliance panel members
(1)
(2)
To the extent permitted by law, a compliance panel member is not
liable for any loss or damage suffered or incurred by any person
as a consequence of any act or omission of the compliance panel
unless the compliance panel, or its members, as the case may be:
(a)
do not act in good faith under this Chapter 6; or
(b)
act fraudulently.
Notwithstanding rule 321(1), if a compliance panel member is
liable to pay any amount for loss or damage suffered or incurred
by a person as a consequence of any act or omission of the
compliance panel, REMCo must indemnify the compliance panel
member:
(a)
for the full amount of loss or damage; and
(b)
for any costs incurred by the compliance panel member in
defending related proceedings,
unless the liability arose out of the member’s:
(c)
conduct involving a lack of good faith; or
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(d)
fraud.
Part 6.2 – Functions and powers of compliance panel
322. Independence of compliance panel
(1)
Except as provided in rule 322(2), the compliance panel is
independent of direction or control by REMCo or any participant,
pipeline operator or prescribed person in the performance of its
functions.
(2)
REMCo may give written directions to the compliance panel
chairperson to the extent allowed by rule 322(3), and the
compliance panel chairperson must give effect to any such
direction.
(3)
Directions under rule 322(2) —
(4)
(a)
may relate only to general policies to be followed by the
compliance panel in matters of administration, including
financial administration; and
(b)
cannot constrain the compliance panel with respect to the
performance of any function referred to in rule 323.
If a direction is given under rule 322(2), then REMCo must give a
copy of the direction to each participant, pipeline operator or
prescribed person, and to any other interested person who
requests a copy.
323. Functions of the compliance panel
The functions of the compliance panel are to hear and make
determinations on matters referred to it by REMCo or a participant
regarding:
(a)
alleged breaches of the rules; or
(b)
the interpretation of the rules; or
(c)
any other matter that can be referred to the compliance
panel under these rules.
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324. Powers of compliance panel
(1)
The compliance panel has the power to:
(a)
request a participant, pipeline operator, prescribed person
or REMCo to provide information relevant to a matter being
considered by the compliance panel, and the participant
,pipeline operator, prescribed person or REMCo (as the case
may be) must comply with the request to the extent
permitted by law; and
(b)
make determinations upon matters referred under rule
329(1)(a)(ii), rule 329(1)(b)(iii), or rule 331; and
(c)
make orders in accordance with rule 343; and
(d)
in order to assist it in fulfilling its functions under these
rules:
(i)
appoint a person performing the functions of REMCo,
any officer or employee of that person or such other
person as the compliance panel thinks fit, to act as
agent of the compliance panel in carrying out
investigations or other functions; or
(ii)
employ, or otherwise seek advice or assistance from
an external investigator, auditor, accountant, lawyer
or other expert, or such other person as the
compliance panel thinks fit,
provided that, in appointing a person under this rule 324,
the compliance panel must ensure that the person does not
have a conflict of interest under rule 311 in performing the
relevant role.
(2)
REMCo must pay any costs that the compliance panel incurs under
rule 324(1)(d), provided that REMCo has given the compliance
panel prior written approval to incur the cost.
Part 6.3 – Matters referred to REMCo
{Note: The purpose of this Part 6.3 which imposes a requirement that matters
be referred to REMCo before being referred to the compliance panel or the
Economic Regulation Authority, is:
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(a) to provide a speedy mechanism to resolve minor matters without activating
the compliance panel or requiring an investigation by the Economic
Regulation Authority; and
(b) to impose a filter which discourages the referral of vexatious or frivolous
claims to the compliance panel or the Economic Regulation Authority.}
325. Matters referred to REMCo
(1)
If a participant,pipeline operator or prescribed person :
(a)
reasonably believes that another participant,pipeline
operator, prescribed person, or REMCo has breached the
rules; or
(b)
requires an interpretation of the proper meaning of a rule,
then the participant, pipeline operator or prescribed person may
at any time give REMCo a notice specifying:
(c)
the GBO identification of the person referring the matter to
REMCo; and
(d)
the identity of any person of which it is aware, that is
involved with or affected by the referred matter; and
(e)
if the matter relates to an alleged breach of the rules by a
participant pipeline operator or prescribed person:
(f)
(g)
(i)
the GBO identification of the participant pipeline
operator or prescribed person that is alleged to have
breached the rules; and
(ii)
the identity of any other person that is involved with
or affected by the alleged breach of the rules; and
(iii)
the details of the alleged breach of the rules; or
if the matter relates to an alleged breach of the rules by
REMCo:
(i)
the details of the alleged breach of the rules by
REMCo; and
(ii)
the identity of any other person that is involved with
or affected by the alleged breach of the rules; or
if the matter relates to an interpretation of the rules:
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(i)
the rule that requires interpretation and the reason
why; and
(ii)
the circumstances in which the interpretation is
required.
(2)
Every notice of an alleged breach of the rules must be given within
30 business days of the date that the participant, pipeline operator
or prescribed person alleging the rule breach became aware, or
ought to have become aware, that the breach occurred.
(3)
A notice requesting an interpretation of a rule may be given at any
time.
325A. Suspending the process
(1)
If a person gives a notice under rule 325(3) (“interpretation
notice”) which involves interpretation of a rule that is, or
becomes, the subject of a notice of alleged breach under rule
325(2) (“breach notice”), then time does not run in respect of
any deadline under this Chapter that relates to the breach notice
for a period (“suspension period”) determined in accordance
with rule 325A(2).
(2)
The suspension period starts on the giving of the interpretation
notice and ends at the time at which either:
(a)
REMCo rejects the matter under rule 329(1)(b)(i); or
(b)
REMCo makes a determination under rule 329(1)(b)(ii); or
(c) the compliance panel’s decision takes effect under rule
341(5)(b).
{Note: The following are examples of how this rule 325A can
operate:

If a breach notice has not been given, the 30 day period
under rule 325(2) is suspended while the interpretation
notice is being dealt with (ie. for the duration of the
suspension period).

If a breach notice has been given, and a determination has
been made under rules 329(2), the 40 day period in rule
331(1) is suspended while the interpretation notice is
being dealt with.}
(3) Rule 325A(1) does not apply in respect of a deadline that had
already expired when the interpretation notice was given
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326. Withdrawal of referral
(1)
A participant, pipeline operator, or prescribed person that refers a
matter to REMCo may at any time prior to REMCo making a
decision under rule 329 withdraw the referral by notice to REMCo.
(2)
REMCo may require the participant, pipeline operator, or
prescribed person to reimburse REMCo for the reasonable costs
incurred by REMCo in connection with a referral to REMCo, up to
the time it is withdrawn.
327. REMCo to give notice to participants
If REMCo:
(a)
receives a notice under rule 325(1); or
(b)
requires an interpretation of the proper meaning of a rule
REMCo must before making a decision under rule 329(1) give a
notice to each participant, pipeline operator, or prescribed person
or REMCO affected specifying:
(c)
(d)
if the matter relates to an alleged breach of the rules by a
participant, pipeline operator, prescribed person or REMCo:
(i)
the GBO identification of the participant, pipeline
operator, prescribed person or REMCo that is alleged
to have breached the rules; and
(ii)
the identity of each person that is involved with or
affected by the alleged breach of the rules; and
(iii)
the details of the alleged breach of the rules; or
if the matter relates to an interpretation of the rules:
(i)
the rule that requires interpretation and the reason
why; and
(ii)
the circumstances in which, the interpretation is
required.
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328. REMCo to determine procedures
(1)
Subject to these rules, REMCo may determine its own procedures
for hearing and determining an alleged breach of the rules or an
interpretation of the rules.
(2)
A participant, pipeline operator or prescribed person must make
reasonable endeavours to comply with the requirements of any
procedures established by REMCo under rule 328(1).
328A. REMCo may investigate alleged breaches
(1)
Before making a determination under rule 329 in relation to an
alleged breach referred to REMCo under rule 325, REMCo may
request from any participant, pipeline operator or prescribed
person information about the circumstances of the alleged breach.
(2)
REMCo may specify a time for responding to a request under rule
328A(1), which must be at least 5 full business days from the time
of the request.
(3)
A participant, pipeline operator or prescribed person who receives
a request from REMCo under rule 328A(1) must, as soon as
practicable and in any event within any time specified under rule
328A(2), provide REMCo with information in reasonable detail
about the relevant circumstances.
(4)
REMCo must not make a determination until the time period in
rule 328A(2) has elapsed, but after that may make a
determination whether or not a participant, pipeline operator, or
prescribed person provides information in accordance with rule
328A(1).
(5)
REMCo may at any time extend the specified time for responding
to a request under rule 328A(2)
329. Determinations which may be made
(1)
After considering an alleged rule breach or rule interpretation
REMCo may:
(a)
if the matter relates to an alleged rule breach by a
participant or REMCo:
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(b)
(c)
(i)
if REMCo determines that the matter was not
material, resolve not to take any further action in
relation to the matter; or
(ii)
if REMCo determines that the matter was material,
refer the matter to the compliance panel; or
if the matter relates to a rule interpretation:
(i)
reject the matter; or
(ii)
make a determination on the matter; or
(iii)
refer the matter to the compliance panel.
if the matter relates to an alleged rule breach by a pipeline
operator, or prescribed person, then
(i)
if REMCo determines that the matter was not
material, resolve not to take any further action in
relation to the matter; or
(ii)
if REMCo determines that the matter was material,
refer the matter to the Economic Regulation
Authority.
{Note: In determining whether an alleged rule breach by a
participant, pipeline operator, or prescribed person is material
REMCo will have regard to the following:
(i)
Whether the alleged breach had a material impact on the
operation of the Market.
(ii) Whether the alleged breach has resulted in any costs being
borne by REMCo (and therefore the Market as a whole).
(iii) Whether or not the alleged rule breach appears to have
arisen as a result of problems with the design/operation of
the rules, and that the participant, pipeline operator, or
prescribed person was still acting in a manner consistent
with the guiding principles of REMCo.
(iv) Whether the alleged rule breach was an isolated event, or
indicates a systemic problem with compliance.
(v) Whether the alleged rule breach appears to have been made
intentionally or maliciously.
(vi) Whether remedial action was taken by the participant,
pipeline operator, or prescribed person following discovery
of the breach.
(vii) Whether the alleged rule breach has a potential anticompetitive effect.
(viii)Any other matters considered relevant by REMCo.}
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(2)
REMCo must make its determination under this rule 329
expeditiously in a fair and reasonable manner.
(3)
REMCo must:
(a)
for the first 12 months after the date that a change to the
rules comes into force, have regard to the fact that the rules
affected by the change are a new governing regime for
participants, pipeline operator, or prescribed person;
(b)
for the first 6 months after a person becomes a participant,
pipeline operator or prescribed person, have regard to the
fact that the rules are a new governing regime for the new
participant, pipeline operator, or prescribed person; and
(c)
if there is an in-progress rule change that affects the rule
that is alleged to have been breached, consider whether the
conduct that is the subject of the alleged rule breach would
not have been a breach if the in-progress rule change had
been in effect at the time the breach was alleged to have
occurred, and have regard to this in making its decision
under rule 329(1).
330. Notification of determinations
(1)
Within 5 business days after a determination under rule
329(1)(a)(i) or rule 329(1)(b)(i), REMCo must give notice of the
determination and reasons for the determination to the
participant, pipeline operator, or prescribed person that referred
the matter under rule 325.
(2)
Within 5 business days after a determination under rule
329(1)(a)(ii) or rule 329(1)(b)(ii) or rule 329(1)(b)(iii), REMCo
must, subject to rule 330(3), give notice of the determination and
reasons for the determination to all participants, pipeline
operators, and prescribed persons.
(3)
REMCo must not include any confidential information in the notice
of the determination and reasons for the determination under rule
330(2) and may censor documents it publishes to participants,
pipeline operators, and prescribed persons.
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331. Appeal to the compliance panel
(1)
Within 40 business days after notification of a determination by
REMCo under rule 139(3)(b), rule 329(1)(a)(i) or rule
329(1)(b)(i), a participant, pipeline operator, or prescribed person
may appeal REMCo’s determination to the compliance panel by
giving notice to REMCo.
{Note: The compliance panel may make an order that the participant must
pay the compliance panel’s costs under rule 343(1)(d) or other parties’
costs under rule 343(1)(e) as part of any determination made by the
compliance panel.}
{While pipeline operators and prescribed persons are not subject to
decisions by REMCo, they may still appeal a REMCo decision to the
compliance panel on matter of non-compliance by a participant.}
(2)
Within 5 business days after notification under rule 331(1), REMCo
must refer the matter to the compliance panel.
Part 6.4 – Referral of matters to compliance panel
332. Referral of matters to compliance panel
A matter may only be referred to the compliance panel by:
(a)
REMCo under rule 329(1)(a)(ii), or rule 329(1)(b)(iii); or
(b)
by way of appeal by a participant, pipeline operator, or
prescribed person under rule 139(5) or rule 331(1).
333. Requirements for referral
A referral must be in writing and must specify at least the following
information:
(a)
the identity of the person lodging the referral with the
compliance panel; and
(b)
if the referral is made under rule 329(1)(a)(ii), or rule
329(1)(b)(iii) — such information as REMCo has regarding
the matter; and
(c)
if the referral is an appeal under rule 139(5) or rule 331 
the grounds of appeal; and
(d)
the decision sought; and
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(e)
the orders sought.
334. Compliance panel may reject appeal
If in the compliance panel’s reasonable opinion:
(a)
a referral lodged under rule 139(5) or rule 331 does not
satisfy the requirements set out in rule 333 (as applicable);
or
(b)
the grounds of appeal are not sufficient having regard to the
nature of the decision the appeal is in relation to and the
reasons given for that decision,
then the compliance panel may decline to accept the referral
within 20 business days of receipt of the referral.
{Note: If participant wishes to re-lodge the appeal, it may do so by lodging
a further referral within the time frame indicated in rule 331(1).}
335. Withdrawal of referral to compliance panel
(1)
REMCo or a participant, pipeline operator or prescribed person
that has lodged a referral may withdraw the referral at any time
by notice to the compliance panel.
(2)
Upon receipt of withdrawal of the referral, the compliance panel
must cease all actions, inquiries and proceedings in relation to the
withdrawn referral.
(3)
The compliance panel may require REMCo or the participant,
pipeline operator or prescribed person to reimburse the
compliance panel for the reasonable costs incurred by the
compliance panel and REMCo in connection with a referral to the
compliance panel, up to the time it is withdrawn.
(4)
Where a participant withdraws a referral, the compliance panel
may, if requested to by any other participant , pipeline operator
or prescribed person that has been a party to the compliance panel
proceedings, require the participant , pipeline operator or
prescribed person to reimburse any other participant , pipeline
operator or prescribed person that has been a party to the
compliance panel proceedings for the reasonable costs incurred by
the other participant , pipeline operator or prescribed person in
connection with the referral to the compliance panel, up to the
time it is withdrawn.
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336. Proceedings
Within 20 business days after receiving notice of a referral under
rule 329(1)(a)(ii) or rule 329(1)(b)(iii) or rule 331(1) the
compliance panel must meet and commence the proceeding by
giving notice to all participants , pipeline operator or prescribed
person and REMCo specifying:
(a)
the subject matter of the referral; and
(b)
the timetable for the proceeding, including the date for
lodgement of submissions and the date of the hearing (if
applicable), in accordance with the procedures determined
under rule 338.
337. Parties
(1)
A person is a party to a proceeding if the person:
(a)
made the referral; or
(b)
notifies the compliance panel that it wishes to make a
submission during the proceeding; or
(c)
the person accepts an invitation from the compliance panel
to make a submission during the proceeding within 5
business days after receiving the invitation under rule
337(3).
(2)
Within 5 business days after notification under rule 336(b) or such
period as the compliance panel permits, a participant , pipeline
operator or prescribed person or REMCo may notify the
compliance panel that it wishes to make submissions in relation to
the referral.
(3)
The compliance panel may invite any participant, pipeline operator
or prescribed person or REMCo to become a party to the
proceeding if it appears to the compliance panel that:
(a)
the participant’s, pipeline operator’s or prescribed person’s
or REMCo’s interests are liable to be affected by a
determination or order sought in the proceeding, or by the
proceeding itself;
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(b)
the participant is able to represent the interests of a class of
participant who are liable to be so affected, whether or not
the participant is a member of that class; or
(c)
the participant or REMCo is likely to be able to assist the
compliance panel, even if neither rule 337(3)(a) or
337(3)(b) applies.
338. Compliance panel to determine its own procedures
(1)
The compliance panel must, subject to the requirements of natural
justice, adopt such procedures as it sees fit for conducting the
proceedings and a hearing under these rules, provided that:
(a)
each party may lodge a written submission with the
compliance panel in relation to the referral; and
(b)
subject to rule 342, the compliance panel must provide each
party with a copy of each written submission it receives
under rule 338(1)(a); and
(c)
if the compliance panel determines it is necessary to conduct
a hearing, each party must be given notice of the hearing
and may attend and make oral submissions to the
compliance panel.
(2)
Each participant, pipeline operator or prescribed person and
REMCo must comply with the procedures adopted by the
compliance panel under this rule 338.
(3)
The compliance panel must resolve a matter referred to it under
rule 332 expeditiously and fairly.
339. Where hearings may be held
(1)
The compliance panel chairperson may determine the venue for a
compliance panel hearing.
(2)
Compliance panel hearings may be held in either jurisdiction or
both as determined under rule 339(1).
340. Rules of evidence do not apply
While conducting a hearing, the compliance panel is not bound by
the rules of evidence and any law relating to the admissibility of
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incrimination and legal professional privilege, and may inform
itself in relation to any matter in such manner as it thinks fit.
341. Determinations
(1)
(2)
The compliance panel must make its determination according to
law and must:
(a)
take into consideration each submission received under
rules 338(1)(a) and 338(1)(c); and.
(b)
for the first 12 months after thedate that a change to the
rules comes into force, have regard to the fact that the rules
affected by the change are a new governing regime for
participants and REMCo; and
(c)
for the first 6 months after a person becomes a participant,
have regard to the fact that the rules are a new governing
regime for the new participant.
Within 30 business days after the close of submissions or the
conclusion of a hearing (if applicable), the compliance panel must:
(a)
(b)
(3)
subject to rule 342, provide a copy of its determination and
reasons to:
(i)
all participants, pipeline operator and prescribed
persons; and
(ii)
REMCo; and
if the determination is in relation to a matter of rule
interpretation  provide its recommendation regarding the
date on which the determination should take effect to:
(i)
all participants, pipeline operator and prescribed
persons; and
(ii)
REMCo.
Within 10 business days after receipt of the recommendation
under rule 341(2)(b)(i), a participant, pipeline operator or
prescribed persons may request REMCo to amend the date on
which the determination takes effect and lodge a submission with
REMCo in support of the request.
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(4)
Within 20 business days after receipt of a request under
rule 341(3), REMCo:
(a)
must consider, and may, if reasonable, amend, the date on
which the determination takes effect; and
{Note: REMCo may amend the date on which a rule interpretation
determination comes into effect to allow participants sufficient time
to abide by the determination.}
(b)
must notify each participant, pipeline operator or prescribed
persons of the date on which the determination takes effect,
provided that REMCo cannot consider determinations that have
been against it.
(5)
(6)
A decision of the compliance panel under rule 341(1):
(a)
is final and binding on each participant and REMCo; and
(b)
takes effect as and from the date of the determination or, in
respect of the date set by REMCo in relation to a rule
interpretation determination, the date notified to
participants under rule 341(4)(b), whichever is the later;
and
A participant and REMCo must comply with a decision of the
compliance panel.
342. Compliance panel must preserve confidentiality
(1)
A party (“first party”) may apply to the compliance panel to have
confidential information contained in either:
(a)
a submission of the first party; or
(b)
information provided by the first party to the compliance
panel under rule 324(1)(a),
withheld from another party (“second party”) to a proceeding or
in connection with the publication of the compliance panel’s final
determination.
(2)
If the compliance panel is satisfied that a party would be adversely
affected by the disclosure of confidential information to another
party, the compliance panel may withhold the confidential
information from a party when providing the party with:
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(a)
a copy of a submission under rule 338(1)(a); or
(b)
a copy of the compliance panel’s determination and reasons
under rule 341(2)(a),
and may, under this rule 342, censor documents that it publishes
to participants and REMCo.
(3)
(4)
In making an application under rule 342(1), the first party must
provide all of the information necessary for the compliance panel
to consider whether:
(a)
the withholding of information would adversely affect the
ability of the compliance panel to afford the second party
procedural fairness;
(b)
the second party is likely to contravene the confidentiality
obligations of this rule 342; and
(c)
the prospect of adverse effects on the second party resulting
from the compliance panel withholding the information is
clearly outweighed by the prospect of adverse effects on
other persons flowing from unauthorized use or disclosure
of the information, if it is provided to the second party or its
legal representatives.
A participant, pipeline operator or prescribed person and REMCo
must not use or disclose information which is:
(a)
confidential in fact; and
(b)
disclosed to the participant, pipeline operator or prescribed
person or REMCo (as the case may be) by the compliance
panel or another party in, or in connection with, a
proceeding,
except:
(5)
(c)
for the purposes of the proceeding; or
(d)
as authorized by a person with the right in equity to give
that authorization, and in accordance with any conditions
affecting that authorization.
If any such information is to be disclosed to a participant, pipeline
operator or prescribed person or REMCo in accordance with this
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rule 342, the person making the disclosure must inform the
participant, pipeline operator or prescribed person or REMCo (as
the case may be) that the information is confidential and must
make the disclosure conditional on the information not being used
or further disclosed otherwise than in accordance with this rule.
343. Determinations which may be made
(1)
(2)
In a determination under rule 341, the compliance panel must
take into consideration any penalties or sanctions that have
already been imposed upon the participant in respect of the
matter before the compliance panel for determination, and may:
(a)
impose a financial penalty on a participant or REMCo of up
to $50,000 in respect of each breach of the rules; or
(b)
order a participant or REMCo to take action, or cease action,
to ensure compliance with the rules; or
(c)
impose a financial penalty of up to $50,000 for any failure
to comply with an earlier order of the compliance panel; or
(d)
make orders as to the payment by a party of the compliance
panel’s costs, including the cost of any experts appointed
under rule 324(1)(d) in relation to the proceedings; or
(e)
make orders as to the payment of costs of a party that
attends the compliance panel hearing; or
(f)
adjourn the consideration of any matter before the
compliance panel to allow a participant or REMCo to make
further submissions or to allow further consideration by the
compliance panel; or
(g)
recommend changes to the rules.
The compliance panel may make interim determinations.
344. Power to correct a determination
Within 5 business days after making a determination made under
rule 341(2), the compliance panel may correct the determination
if the determination contains:
(a)
a clerical mistake; or
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(b)
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 of form.
345. No limitation on remedies
Nothing in this Chapter 6 limits a participant’s, pipeline operator
or prescribed person or REMCo’s right to litigate, arbitrate or
otherwise seek to resolve, any dispute.
346. Legal representation
(1)
Subject to rule 346(2), a party may be legally represented.
(2)
A party must bear its own costs unless the compliance panel
orders otherwise under rule 343(1)(e).
347. Register of determinations
(1)
REMCo must ensure that a register of compliance panel
determinations is maintained for the duration of the rules.
(2)
REMCo must publish compliance panel determinations, but in
maintaining the register of compliance panel determinations
REMCo may decide to withhold confidential or commercially
sensitive information of a participant ,pipeline operator or
prescribed person or REMCo from the determination if it
reasonably believes it is appropriate to do so, following a
submission by the participant, pipeline operator or prescribed
person or REMCo (as the case may be).
(3)
Upon receipt of a compliance panel determination, REMCo must
update the register of compliance panel determinations.
(4)
REMCo must permit a participant, pipeline operator or prescribed
person and an interested person, and may permit another person,
to access the register of compliance panel determinations and may
recover reasonable costs incurred in doing so.
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348. Validity of determination
(1)
Any act done by the compliance panel is valid as if each
compliance panel member were duly appointed and eligible to be
a compliance panel member.
(2)
Without limiting the generality of rule 348(1), any act done by the
compliance panel is valid notwithstanding that it is afterwards
discovered that a person acted as a compliance panel member
although that person ceased, or should have ceased, to hold
office, or did not validly hold office, under these rules.
(3)
This rule 348 applies, despite the subsequent receipt of actual
notice by the compliance panel chairperson or REMCo of any
defect in the appointment or ineligibility of any person as a
compliance panel member.
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Chapter 7 – Reporting and Audits
Part 7.1 – Explicit informed consent
349. Requirements for explicit informed consent
The provisions in Appendix 6 apply in relation to a customer’s
explicit informed consent.
Part 7.2– Audit
350. Audit of explicit informed consent
(1)
There is no Rule 350(1).
(2)
For each calendar year, a user must appoint an auditor, having
regard to rule 353, to undertake a negative assurance audit of the
user’s compliance during the year with rules 55A, 72(1), 72(4),
79(1), 79(4), 166A and 349.
(3)
The user must:
(a)
ensure that the negative assurance audit is conducted under
this Part 7.2; and
(b)
provide the auditor’s final report of its findings to REMCo
within 3 months after the end of the year to which the
negative assurance audit relates.
351. Audit of REMCo
(1)
REMCo must appoint an auditor, by having regard to rule 353, to
undertake a negative assurance audit of REMCo’s compliance with
the following parts of these rules: Part 2.1, Part 2.2, Part 2.3, Part
3.1, Part 3.3, Part 3.5, Part 3.6, Part 5.5, Part 5.6, Part 5.7, Part
5.8, Part 5.9, Part 5.10, Part 5.11, Part 5.12 in accordance with
rule 351(1A) to (3).
(1A) A negative assurance audit under rule 351(1) may cover some or
all of the Parts of the rules listed in rule 351(1), provided that at
least once every 3 years, each Part of the rules listed in rule
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351(1) is subject to a negative assurance audit covering 12
consecutive months within that 3 year period.
{Note: the first 3 year period starts from the commencement of these rules
and ends 3 years thereafter. The next 3 year period starts immediately on
completion of this first 3 year period and so on.}
(2)
REMCo may determine, in consultation with participants, the
extent and scope of a negative assurance audit to be undertaken
under rule 351(1).
(3)
REMCo must:
(a)
ensure that the auditor conducts any negative assurance
audit in accordance with this Part 7.2; and
(b)
obtain the auditor’s final report of its findings within 3
months after the end of the period to which the negative
assurance audit relates.
352. Audit of network operator’s metering responsibilities
(1)
For each calendar year, each network operator must appoint an
auditor, having regard to rule 353, to undertake a negative
assurance audit of the network operator’s compliance during the
year with rules 62, 153, 156, 160(1)(j) and 169.
(2)
A network operator must:
(a)
ensure that the negative assurance audit is conducted in
accordance with this Part 7.2; and
(b)
provide the auditor’s final report of its findings to REMCo
within 3 months after the end of the year to which the
negative assurance audit relates.
353. Auditor’s qualifications etc
An auditor appointed under this Part 7.2 must have sufficient
qualifications, resources, professional skill and experience to
enable it to undertake the audit for which it is appointed.
354. Auditor’s conflict of interest
(1)
In this rule 354, but subject to rule 354(4), the term “conflict of
interest” includes, but is not limited to:
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(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:
(2)
(3)
(c)
the auditor’s duties in conducting an audit under this Part
7.2; or
(d)
the interests of REMCo; or
(e)
the interests of a participant.
A person required by this Part 7.2 to appoint an auditor 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 person who appointed the auditor of
any actual or potential conflict of interest which arises during
the course of the audit, and of any non-compliance with this
rule 354.
A person required by this Part 7.2 to appoint an auditor must not
appoint an auditor, or having appointed an auditor must terminate
the appointment, if the person 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.}
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(4)
An auditor appointed to conduct an audit under this Part 7.2 is not
to be taken to have a conflict of interest merely because it has
previously been appointed to conduct an audit under this Part 7.2,
or because it carries out other audit duties for a participant.
355. Terms of auditor’s retainer
Except as stated in rule 356, the terms of retainer of an auditor
appointed under this Part 7.2 (including regarding remuneration,
expenses, insurances and liability) are to be agreed between the
auditor and the person required by this Part 7.2 to appoint the
auditor.
356. Confidentiality
(1)
A person required by this Part 7.2 to appoint an auditor must
ensure that the auditor enters into a deed of undertaking
substantially in the form set out in Appendix 4, but that deed
remains subject to rule 356(2).
(2)
To the extent that disclosure by an auditor of any information or
matter regarding a material non-compliance by a participant or
REMCo is reasonably necessary for the auditor to report on the
material non-compliance, the participant or REMCo (as the case
may be) by this rule:
(a)
waives all of its rights to require that the auditor keep the
information or matter confidential; and
(b)
authorises disclosure by the auditor of the information or
matter in accordance with this Part 7.2.
357. Participants, REMCo, pipeline operators and prescribed persons must
cooperate with auditor
(1)
A person being audited under rules 350, 351 or 352 must
cooperate with and provide all reasonable assistance to an auditor
appointed under this Part 7.2.
(2)
Without limiting rule 357(1), a person being audited under rules
350, 351 or 352 must comply without delay with any request by
the auditor for the purpose of conducting an audit under this Part
7.2 for the person:
(a)
to deliver to the auditor specified documents or records; and
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(b)
to permit the auditor:
(i)
to access the its premises during a business day; and
(ii)
to take copies of its records.
(3)
Each of a participant, REMCo, pipeline operator and prescribed
person who is not being audited under rules 350, 351 or 352 must
cooperate with and provide reasonable assistance to an auditor
appointed under this Part 7.2.
(4)
As a pre-condition to cooperating and providing assistance under
rule 357(3), a person may request to be identified as a covenantee
under a deed executed under rule 356(1).
358. Audit report
A person required by this Part 7.2 to appoint an auditor must
ensure that the auditor’s report of a negative assurance audit
under this Part 7.2 at least:
(a)
provides reasonable detail regarding
investigations and methodology; and
the
auditor’s
(b)
details any material restrictions or deficiencies in the
auditor’s access to or use of relevant documents or records;
and
(c)
without limiting rule 358(b), details the circumstances of
any non-compliance by a participant or REMCo with rule
357, in respect of the negative assurance audit; and
(d)
complies with the deed of undertaking under rule 356(1);
and
(e)
makes all disclosures required under rule 354(2)(a); 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 rule 358(f)(i) being made.
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359. Level of Audit
(1)
In this rule 359, “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.
(2)
The person who appoints an auditor under this Part 7.2
(“appointor”) and the appointed auditor are to agree the level of
the negative assurance audit.
(3)
Each appointor must ensure that the intensity of the negative
assurance audit is adequate and reasonable having regard to:
(4)
(a)
the requirements set out in this Part 7.2; 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 where possible, participants are to seek
to minimise the costs of participating in the gas retail market
and to achieve the best possible cost-benefit mix; and
(d)
the objective that a negative assurance audit is normally
designed to verify that systems and processes are
functioning correctly.
A participant or REMCo may challenge the adequacy or level of a
negative assurance audit conducted under this Part 7.2 by
referring a matter to REMCo under rule 325.
360. REMCo’s audit summary report
(1)
For each calendar year, REMCo must produce a report, after
consulting with the participant regarding the content of the report,
within 4 months after the end of the calendar year which:
(a)
details all significant instances of non-compliance identified
in each of the auditor’s reports produced under this Part 7.2;
and
(b)
details any action that has been taken or is proposed in
respect of each instance of non-compliance identified under
rule 360(1)(a).
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(2)
REMCo’s report under rule 360(1) must as far as practicable be
consistent with making adequate disclosure, not disclose details
of matters expressly identified to it by a participant during the
consultation under rule 360(1) as comprising the participant’s
intellectual property, marketing systems, information technology
or otherwise being confidential or commercially sensitive
information.
Part 7.3 – Other provisions regarding records
361. Records needed by REMCo to meet reporting obligations
To the extent reasonably necessary to enable REMCo to meet its
reporting and information provisions under law, a participant must
upon reasonable request by REMCo assist REMCo by making
available reasonable access to records and relevant information.
Part 7.4– There is no part 7.4
361A. There is no rule 361A
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Chapter 8 – Administration
Part 8.1 – Fees, charges and cost recovery
362. Fees and charges under these rules
Nothing in these rules:
(a)
prevents a participant, pipeline operator or prescribed
person from charging for doing a thing, if the person is
entitled at law or under an Access Arrangement or a contract
other than these rules to charge for doing that thing; and
(b)
allows a participant, pipeline operator or prescribed person
to charge for doing a thing (including providing information
or taking any action) under these rules, unless otherwise
stated in these rules.
362A. Recovery of REMCo’s costs
(1)
REMCo may, in order to recover the costs of establishing itself and
operating as the market administrator of these rules, determine
the amount of the registration fee, service fee and market share
charge in accordance with the following cost recovery principles:
(c)
in recovery of its costs, the charges imposed by REMCo on
users, who are REMCo members, shall not be such as to
create a material barrier to entry for new entrants;
(d)
fees and terms and conditions should be simple to
understand and implement;
(e)
to the extent that is administratively feasible, the fee set
should provide efficient market signals;
(f)
the costs are to be clearly identifiable;
(g)
costs may be recovered in such a way as to ensure account
is taken of the time value of money;
(h)
there is no rule 362A(1)(h);
(i)
there is no rule 362A(1)(i); and
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(j)
(2)
reasonable costs may include any revenue offsets from the
commercialisation of the REMCo information system and
software which accommodate the full contestability of retail
gas markets, including any discretionary services in excess
of standard services.
Each REMCo member must pay to REMCo (as applicable):
(a)
the registration fee — upon becoming a REMCo member;
(b)
the service fee — once every 12 month period when invoiced
by REMCo under rule 370(1)(a);
(c)
the market share charge — once every month when invoiced
by REMCo under rule 370(1)(b) and
(d)
any additional service charge determined by REMCo
pursuant to rule 362A(7), when invoiced by REMCo under
rule 370(1)(C).
(3)
There is no rule 362A(3).
(4)
The registration fee and the service fee may be adjusted annually
on 1 July of each year, effective from 1 July 2005 (“annual
adjustment date”).
(5)
The maximum amount of any adjustment to the registration fee
or the service fee is to be calculated as at the annual adjustment
date by multiplying the registration fee or the service fee (as
applicable) by:
(a)
the specified price index for the period ending 31 March, of
each year immediately preceding the annual adjustment
date,
divided by:
(b)
(6)
the specified price index for the same period ending 31
March referred to in rule 362A(5)(a) in the year immediately
preceding the year in which the annual adjustment date
falls.
If the specified price index ceases to be published on a quarterly
basis by the Australian Bureau of Statistics or is published on a
basis materially different (including due to a change in its nature,
composition or reference base) to its basis at the go-live date,
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then the basis for adjusting the registration fee and the service
fee will be based upon the measurement of consumer price
changes in the eight capital cities of Australia as decided by a
chartered accountant, acting as an expert, and as appointed by
REMCo.
(7)
REMCo may recover the costs of providing an additional service to
a member by charging the member an additional service charge
where the payment of the additional service charge has been
agreed by the member.
Part 8.2– Confidentiality
363. Confidentiality obligations
(1)
(2)
(3)
Subject to rule 364, a recipient must:
(a)
keep confidential any confidential information provided to it
under these rules; and
(b)
not disclose confidential information to any person except as
permitted by these rules; and
(c)
only use or reproduce confidential information for the
purpose for which it was disclosed or another purpose
contemplated by these rules; and
(d)
not permit unauthorised persons to have access to
confidential information.
Subject to rule 364, a recipient must use all reasonable
endeavours:
(a)
to prevent unauthorised access to confidential information
which is in the possession or control of that recipient; and
(b)
to ensure that its secondary recipients observe the
provisions of this rule 363 in relation to the confidential
information.
Despite any other provision of these rules, a person must continue
to comply with this rule 363 after it has otherwise ceased to be
subject to these rules.
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364. Exceptions to confidentiality requirements
Rule 363 does not prevent:
(a)
the disclosure, use or reproduction of information if the
information is at the time generally publicly available other
than as a result of breach of confidence by a recipient or by
a secondary recipient; or
(b)
the disclosure of information by a recipient or by a
secondary recipient to:
(i)
an employee or officer of the recipient; or
(ii)
a related body corporate of the recipient; or
(iii)
a legal or other professional advisor, auditor or other
consultant of the recipient,
that requires the information for the purposes of these rules,
or for the purpose of advising the recipient in relation to
these rules; or
(c)
the disclosure, use or reproduction of information with the
consent of the person who provided the information under
these rules; or
(d)
the disclosure, use or reproduction of information to the
extent required by law or by a statutory requirement, notice,
order or direction of:
(i)
a government authority having jurisdiction over a
recipient or its related bodies corporate; or
(ii)
a recognised stock exchange having jurisdiction over
a recipient or its related bodies corporate; or
(e)
the disclosure, use or reproduction of information requested
by the compliance panel under rule 324(1)(a); or
(f)
the disclosure, use or reproduction of information required:
(i)
in connection with; or
(ii)
for the purpose of advising a person in relation to,
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legal proceedings, arbitration, expert determination or
other dispute resolution mechanism relating to these rules;
(g)
the disclosure, use or reproduction of information which is
required to protect the safety of personnel or equipment; or
(h)
without limiting rule 364(d) the compulsory disclosure of
information to the Economic Regulation Authority or any
other regulatory authority having jurisdiction (as the case
may be), under these rules or otherwise.
365. Conditions on disclosure of confidential information
Prior to disclosing information under rule 364(b), 364(e) or 364(h)
to a secondary recipient, a recipient must:
(a)
inform the secondary recipient that the information is
confidential information; and
(b)
take appropriate precautions to ensure that:
(i)
the confidential information remains confidential
despite the disclosure under rule 364; and
(ii)
the secondary recipient does not use the information
for any purpose other than that permitted under rule
364.
366. Confidentiality indemnity
(1)
Subject to rule 366(2), each participant, pipeline operator and
prescribed person (“indemnifier”) indemnifies REMCo against
any claim, action, damage, loss, liability, expense or outgoing
which REMCo pays, suffers, incurs or is liable for in respect of any
breach by the indemnifier or any officer, agent or employee of the
indemnifier (as the case may be) of rule 363.
(2)
An indemnifier is not responsible for, and is not required to
indemnify REMCo against, any breach by any officer, agent or
employee of the indemnifier (as the case may be) of rule 363, if
the officer, agent or employee was acting for and on behalf of
REMCo as REMCo’s agent, at the time of breaching rule 363.
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Part 8.3 – Payments to REMCo
367. Payment
A payment to REMCo under these rules must be paid by direct
electronic funds transfer to a bank account (nominated by
REMCo).
368. Financial penalties
A participant must pay to REMCo a financial penalty imposed by
the compliance panel within 20 business days after receipt of a
notice from the compliance panel to pay the penalty.
369. There is no rule 369.
370. Invoices etc
(1)
Within 5 business days of the commencement of each calendar
month, REMCo must provide each REMCo member (as necessary)
with an invoice in the form of a tax invoice showing (as
applicable):
(a)
the amount of the service fee that the REMCo member is
being charged in advance for the applicable invoice period;
and
(b)
the amount of the market share charge that the user who is
a REMCo member is being charged in advance for the
applicable invoice period; and
(c)
the amount of any additional service charge that the
member is being charged; and
(d)
any refunds payable to the REMCo member for the invoice
period (as applicable) and if the refund is payable as a result
of a disputed invoice under rule 372, the refund together
with interest on that amount calculated on a daily basis at
the interest rate minus 4% per annum from the date that
REMCo received the overpayment from the participant; and
(e)
any outstanding amounts (whether those amounts were
originally payable or refundable) from previous invoice
periods (as applicable) and the interest payable thereon at
the interest rate plus 2% per annum; and
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(2)
(f)
any undercharged amounts that were not charged or were
not charged in full from previous invoice periods (as
applicable) and the interest payable thereon at the interest
rate; and
(g)
any other information specified by REMCo from time to time.
A REMCo member must pay an invoice received from REMCo
within 10 business days after receipt of the invoice, regardless of
whether the invoice is disputed under rule 372.
371. GST
(1)
In this rule 371:
(a)
words and expressions which are not defined in these rules
but which have a defined meaning in the GST Law have the
same meaning as in the GST Law; and
(b)
“GST Law” has the meaning given to that expression in the
A New Tax System (Goods and Services Tax) Act 1999
(Cth).
(2)
Unless otherwise expressly stated, all prices or other sums
payable or consideration to be provided under these rules are
exclusive of GST.
(3)
If GST is payable by:
(a)
a supplier; or
(b)
by the representative member for a GST group of which the
supplier is a member,
on any supply made under these rules, the recipient of the supply
must pay to the supplier an amount equal to the GST payable on
the supply.
(4)
The recipient must pay the amount referred to in rule 371(3):
(a)
in addition to the consideration for the supply; and
(b)
at the same time that the consideration for the supply must
be provided under these rules.
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(5)
The supplier must provide a tax invoice or an adjustment note to
the recipient before the supplier is entitled to payment of the
amount under rule 371(3).
(6)
The recipient may withhold payment of the amount under rule
371(3) until the supplier provides a tax invoice or an adjustment
note, as appropriate.
(7)
If an adjustment event arises in respect of a taxable supply made
by a supplier under these rules, the amount payable by the
recipient under rule 371(3) must be recalculated to reflect the
adjustment event and the recipient must make a payment to the
supplier or the supplier must make a payment to the recipient, as
the case requires.
(8)
Where these rules require a person to pay or reimburse an
expense or outgoing of another person, the amount to be paid or
reimbursed by the first person will be the sum of:
(a)
the amount of the expense or outgoing less any input tax
credits in respect of the expense or outgoing to which the
other person, or to which the representative member for a
GST group of which the other person is a member, is
entitled; and
(b)
if the payment or reimbursement is subject to GST, an
amount equal to that GST.
372. Disputed invoices
(1)
If a REMCo member disputes an invoice from REMCo, it must
notify REMCo of the disputed invoice within 60 business days after
receipt of the invoice by writing to REMCo’s chief executive officer
and providing details of the dispute.
(2)
If, as a result of the resolution of a disputed invoice under rule
372(1), REMCo is obliged to re-pay part or the whole of an amount
received under rule 370(2) to a REMCo member, then REMCo must
pay the amount under rule 370(1)(d).
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Part 8.4 – Small use customer and small use customer indicator
determination
373. REMCo to determine whether a consumer is a small use customer
(1)
There is no rule 373(1).
(2)
REMCo must determine whether a customer is a small use
customer, in accordance with this rule 373.
(3)
The determination is to be made in accordance with section 3 of
the Energy Coordination Act 1994 (WA).
{Note: At the time these rules commenced, that definition was “…means a
customer whose consumption of gas is less than 1 terajoule per year”.}
(4)
For the purposes of these rules, a customer at an interval-metered
delivery point, is not a small use customer.
(5)
Upon receipt of a valid new connection notice for a basic-metered
delivery point, REMCo must determine whether a customer is a
small use customer by having regard to the information provided
by the network operator in the new connection notice under rule
66(e).
(6)
Within 5 business days of the end of each six month period, with
the first six month period commencing on the go-live date, REMCo
must determine whether a customer is a small use customer by
having regard to:
(a)
where available, the gas consumed by the customer at the
delivery point for the previous 12 month period; or
(b)
otherwise, in accordance with the determination made by
REMCo under rule 373(5) or REMCo’s previous six month
determination made under this rule 373(6).
{Note: Upon making a determination under this rule 373, REMCo
must update the REMCo registry under rule 52(b) and provide the
user and network operator with the REMCo standing data for the
delivery point under rule 53(1).}
(1)
373A. There is no rule 373A.
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373B There is no rule 373B
Part 8.5– Limitation of liability
374. No liability for as-retrieved data
To the extent permitted by law, a person (“first person”) is not
liable for any loss or damage suffered or incurred by any other
person (“second person”) as a consequence of any act or
omission of the provision of as-retrieved data, unless the first
person:
(a)
does not act in good faith; or
(b)
acts fraudulently.
375. No liability for acting in reliance on data provided by others
(1)
If a person (“first person”) receives data or information of any
nature (“data”) from another person under these rules (“second
person”), and the first person sends that data onto a third person
under these rules (“third person”), the first person is not
responsible for and has no liability to the third person in respect
of any error or omission in the data, provided that the first person
has not altered the data in any way.
(2)
Subject to rule 375(3), except any warranty that cannot be
excluded by operation of law, the first person gives no
representations or warranties (expressed or implied) to the third
person in respect of the reliability, suitability, adequacy or
accuracy of the data provided under rule 375(1).
(3)
If the first person has in any way altered the data provided to the
third person under rule 375(1), then the first person represents
and warrants to the third person that the data so provided is
accurate, except if the data being provided is:
(a)
an estimate; or
(b)
a calculation derived at as a reasonable and prudent person
but being based upon the data provided by the second
person under rule 375(1).
{Note: Under rule 376A(2), a breach of this warranty will expose
the first person to liability for more than just direct damage.}
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376. Liability for direct damage only
A person under these rules (including its directors, servants,
consultants, independent contractors and agents (“associated
persons”)) who is negligent or defaults in respect of its
obligations to another person under these rules is liable to the
other person for any loss or damage which is not indirect damage
caused by or arising out of the negligence or default.
376A. Liability for indirect damage in certain circumstances only
(1)
Subject to rule 376A(2), no person (including its associated
persons) under these rules is under any circumstances to be liable
to another person under these rules for any indirect damage,
however arising including by negligence.
(2)
The exclusion of indirect damage in rule 376A(1) does not apply
to a warranty given under rule 56(2), 72(2), 79(2), 80(3), 81(2),
87(4), 167(2), 173(9), 193(1), 267(4), 268(3) or 375(3) and
therefore the person’s (and its associated persons’) liability in
relation to the matter is to be determined by law, and to avoid
doubt the definition of “indirect damage” in these rules is to be
disregarded for the purposes of that determination.
376B. Fraud
(1)
A person under these rules (including its associated persons) who
is fraudulent in respect of its obligations to another person under
these rules is to be liable to the other party for, and is to indemnify
that other party against, all losses, liabilities and expenses caused
by, consequential upon or arising out of the fraud.
(2)
The exclusion of indirect damage in rule 376A(1) does not apply
to liability under rule 376B(1) and therefore a person’s (including
its associated persons’) liability in relation to the fraud is to be
determined by law, and to avoid doubt the definition of “indirect
damage” in these rules is to be disregarded for the purposes of
that determination.
376C. Extended scope of this part
Each person acts as agent and trustee for its associated persons
(other than any other person’s) for the purpose only of providing
to those persons the benefit of any term in these rules which is
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expressed to apply to those persons and each such person is taken
to have given consideration for those benefits.
376D. No third party benefit
Subject to rule 376C, no person other than a person required to
comply with these rules or its related entities is to obtain any
benefit or entitlement under these rules, despite that person being
referred to in these rules or belonging to a class of persons which
is referred to in these rules.
377. REMCo’s limitation of liability
(1)
To the extent permitted by law, REMCo its officers, employees and
agents will not be liable for any direct, indirect, incidental, special
or consequential damages or loss of profits or revenue claims of
any kind which result from any breach, unlawful act or negligent
act or omission of REMCo, its officers, employees or agents in
performing its obligations under these rules.
(2)
Where liability under these rules cannot by law be excluded,
REMCo’s liability (including any liability of its officers, employees
and agents) to participants, pipeline operators or prescribed
persons in respect of any breach of REMCo’s obligations under
these rules is (at REMCo’s option) limited to:
(3)
(a)
supplying the services again; or
(b)
paying the cost of having the services supplied again.
In this rule 377, “agent” includes contractors and third parties
engaged to provide goods or perform services relating to REMCo’s
obligations under these rules for or on behalf of REMCo.
377A. Indemnifying REMCo
(1)
Each participant, pipeline operator and prescribed person
(“indemnifying party”) must indemnify and keep indemnified
REMCo from all losses, costs (including legal costs on a solicitor
client or full indemnity basis, whichever is the greater), expenses,
claims (including third party claims, claims in respect of loss of
revenue or profit or claims for punitive or consequential damage),
demands, proceedings or liability suffered or incurred by REMCo
arising directly or indirectly from or as a consequence of any or all
of any breach, unlawful act, or negligent act or omission of the
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indemnifying party, or its officers, employees or agents, in
carrying out its obligations under these rules.
(2)
The maximum aggregate amount payable by a party under rule
377A(1) is limited to $10,000,000.
(3)
Each participant, pipeline operator and prescribed person must be
insured in respect of potential liability, loss or damage, arising
under rule 377A(1), for a minimum aggregate liability of
$10,000,000, and must maintain such insurances during the
period that it is operating under these rules and for a period of 7
years thereafter.
Part 8.6 – Exiting the market
377B. Exiting the market
(1)
In this rule 377B:
(a)
(b)
(2)
“active in the market”:
(i)
for a user for a sub-network — means that a user is
the current user for one or more delivery points in
the sub-network; and
(ii)
for a shipper – means that the shipper is listed in the
shipper register;
(iii)
for a swing service provider — means that the swing
service provider is a party to a SSPUD.
“exit the market” means cease compliance with these
rules.
A user may not exit the market in respect of a sub-network:
(a)
while it is active in the market in the sub-network; and
(b)
until the earlier of:
(i)
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be active in the market in the sub-network, where “X”
has the value given to it in rule 243(4); and
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(ii)
(3)
(4)
(5)
the day that the user demonstrates to REMCo’s
satisfaction that the user has an agreement with
another person to fulfil the user’s obligations under
Chapter 5 in respect of any future URAA or SRQ
calculated for the user for the sub-network.
A swing service provider may not exit the market:
(a)
while it is active in the market; and
(b)
until the earlier of:
(i)
the day that is 2 days after the last day that the swing
service provider was specified in a contract note; and
(ii)
the day that the swing service provider demonstrates
to REMCo’s satisfaction that the swing service provider
has an agreement with another person to fulfil the
swing service provider’s obligations under Chapter 5,
a SSPUD and any contract note.
A shipper may not exit the market:
(a)
while it is active in the market; and
(b)
until the day that the shipper demonstrates to REMCo’s
satisfaction that the shipper has an agreement with another
person to fulfil the shipper’s obligations under Chapter 5.
A person other than a user, a swing service provider or a shipper
may not exit the market until it ceases to have any actual or
contingent liability or obligation under these rules.
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Chapter 9 – Rule change process
Part 9.1 – Introduction
(Note: This Chapter sets out the rule change process, however ancillary
documents to the rules, some of which are set out in the Appendices, can be
amended outside of this rule change process, as set out in 0.}
378. Rule change request
(1)
A participant or an interested person may lodge in writing a rule
change request with REMCo on any business day.
(2)
A rule change request must specify at least the following
information:
(a)
the GBO identification or the identity (as applicable) of the
person lodging the rule change request; and
(b)
the reason for the proposed rule change; and
(c)
the proposed rule change either as marked-up changes to
the text of the rules or as a detailed summary of the
proposed change to the rules; and
(d)
the anticipated impact of the proposed rule change on
affected persons; and
(e)
the proposed time frame for implementation of the proposed
rule change.
378A. Proponent may withdraw a rule change request
(1)
A proponent may, at any time prior to the time that REMCo
endorses a proposed rule change under rule 399(1)(a), withdraw
a rule change request lodged by the proponent by lodging with
REMCo a rule change withdrawal request.
(2)
A rule change withdrawal request must specify at least the
following information:
(a)
the GBO Identification or the identity (as applicable) of the
person lodging the rule change withdrawal request;
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(3)
(b)
the date on which the rule change request that the person
is seeking to withdraw was lodged with REMCo;
(c)
the rule change request reference that REMCo assigned to
the rule change request that the person is seeking to
withdraw or a description of the rule change request; and
(d)
the reason for lodging the rule change withdrawal request.
Within two business days after receiving a rule change withdrawal
request REMCo must either accept or reject the request and notify
the person lodging the request of its decision.
378B. Rule change outline
A rule change outline must include:
(a)
the proposed rule change and any applicable alternative
amendments as marked-up changes to the text of the rules;
(b)
any other information that REMCo considers is relevant.
379. Impact and implementation report
An impact and implementation report must include:
(a)
a copy, or instructions on how to obtain a copy, of the rule
change outline; and
(b)
the identity of which participants, pipeline operators and
shippers will be affected by the proposed rule change; and
(c)
an analysis of the impact of the proposed rule change on the
persons identified under rule 379(b) above; and
(d)
an analysis of the anticipated implementation time,
implementation cost and ongoing cost associated with the
proposed rule change; and
(e)
a cost/benefit analysis of the proposed rule change.
380. Recommendation report
A recommendation report must include:
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(a)
a copy, or instructions on how to obtain a copy, of the rule
change outline; and
(b)
instructions on how to obtain a copy of the impact and
implementation report prepared by REMCo; and
(c)
a recommended rule change to implement the rule change
request (if this is different from the marked-up changes in
the rule change outline); and
(d)
an implementation plan for the recommended rule change
(if any specific implementation considerations have been
identified); and
(e)
advice on the impact of the recommended rule change on
REMCo, participants, pipeline operators and prescribed
persons.
381. Timing of rule change
Each of REMCo, the rule change committee, participants, pipeline
operators and prescribed persons must fulfil their obligations
under Part 9.2 expeditiously.
382. There is no rule 382
Part 9.2– Rule change
383. REMCo must have established rule change committee
(1)
REMCo must establish a rule change committee under these rules.
(2)
As soon as practicable and in any event within 3 months after a
rule change committee member retires, is removed or otherwise
vacates the office, REMCo must appoint a replacement member.
384. Composition of rule change committee
(1)
The rule change
members:
(a)
committee
must
comprise
the
following
one member representing REMCo, who is the chairperson of
the rule change committee; and
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(b)
at least one member representing the interests of the
network operators; and
(c)
one member representing the interests of the user that has
a market share of at least 50%; and
(d)
at least one member representing the interests of all users
other than those referred to in rule 384(1)(c).
(2)
An observer from the approving body may attend each rule
change committee meeting.
(3)
Nothing said, or done, or omitted to be said or done, by the
observer referred to under rule 384(2), fetters the approving
body’s discretion in approving or not approving an endorsed rule
change submitted to the approving body for approval, or
otherwise makes the approving body or the State liable in any way
to any person including for negligence.
385. Tenure of rule change committee members
(1)
REMCo may appoint each rule change committee member for a
period of up to 2 years.
(2)
REMCo may re-appoint a rule change committee member whose
tenure has finished.
(3)
A person immediately ceases to be a member of the rule change
committee if the person:
(4)
(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 REMCo; or
(c)
dies.
REMCo may remove a rule change committee member in the
following circumstances:
(a)
if the member becomes bankrupt, is convicted of fraud or
on indictment of an offence other than fraud or is otherwise
ineligible to be appointed as a director of a corporation under
the Corporations Act; or
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(5)
(b)
if REMCo considers that the member has failed to adequately
discharge the duties of a rule change committee member
(including failure to consult with, represent the views of, or
keep informed other participants of the type the member is
appointed to represent); or
(c)
if REMCo considers that the rule change committee member
is otherwise unfit to hold the position of rule change
committee member.
REMCo must forthwith notify a person in writing of his or her
removal under rule 385(4).
386. Objectives of rule change committee
(1)
The rule change committee is to operate under these rules on the
basis of the following objectives:
(a)
to ensure that the retail gas market operates and is
governed in a manner that is:
(i)
open and competitive; and
(ii)
efficient; and
(iii)
fair to participants and their customers; and
(b)
to ensure compliance with all applicable laws; and
(c)
to ensure consultation with all participants, pipeline
operators, prescribed persons and interested persons as is
reasonably required to meet the objectives set out in this
rule.
387. Quorum
Quorum for a meeting of the rule change committee is 4 members,
including at least one member under rules 384(1)(a) to 384(1)(d).
388. Meetings
(1)
The rule change committee must meet as and when required by
these rules.
(2)
The rule change committee chairperson must ensure that each
rule change committee meeting is minuted.
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(3)
Within 5 business days after a rule change committee meeting,
the rule change committee chairperson must circulate the draft
minutes of the proceeding to the other members of the rule
change committee for consideration and approval.
(4)
REMCo must ensure that the minutes of each rule change
committee meeting are made available to, and accessible by, each
rule change committee member for 7 years after the date of the
meeting.
(5)
REMCo must provide all reasonable administrative assistance
requested by the rule change committee.
(6)
The rule change committee may adopt such procedures as it sees
fit for conducting meetings of the rule change committee.
389. Limitation of Liability
To the extent permitted by law, a rule change committee member
is not liable for any loss or damage suffered or incurred by any
person as a consequence of any act or omission of the rule change
committee unless the rule change committee, or its members, as
the case may be:
(a)
do not act in good faith under this Part 9.2; or
(b)
act fraudulently.
390. Indemnity
Notwithstanding rule 389, if a rule change committee member is
liable to pay any amount for loss or damage suffered or incurred
by a person as a consequence of any act or omission of the rule
change committee, REMCo must indemnify the rule change
committee member:
(a)
for the full amount of loss or damage; and
(b)
for any costs and expenses incurred by the member in
defending related proceedings,
unless the liability arose out of the member’s:
(c)
conduct involving a lack of good faith under this Part 9.2; or
(d)
fraud.
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391. REMCo must accept or reject rule change request
(1)
As soon as practicable and in any event within 5 business days
after receipt of a rule change request, REMCo must either accept
or reject the request.
(2)
REMCo must:
(a)
(b)
(3)
reject a rule change request:
(i)
if the person lodging the rule change request is not a
participant or an interested person; or
(ii)
if REMCo determines that the rule change request is
frivolous, vexatious, or not lodged in good faith; and
as soon as practicable after rejecting a rule change request:
(i)
notify the proponent that the request has been
rejected; and
(ii)
provide the reason why the request was rejected.
REMCo must accept a rule change request if it is not rejected
under rule 391(2).
392. Appeal to REMCo
(1)
(2)
Within 5 business days after REMCo’s notification under rule
391(2)(b)(i), the proponent may appeal REMCo’s decision by
submitting to REMCo:
(a)
a copy of the proponent’s original rule change request; and
(b)
a copy of REMCo’s notification and reasons under rule
391(2); and
(c)
the reasons why the proponent disagrees with REMCo’s
decision.
REMCo may determine such procedures as are necessary to
consider this appeal, but in any event must ensure that the appeal
is considered and a decision reached whether or not to accept the
rule change request within 20 business days of receipt of the
appeal.
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(3)
If REMCo determines under rule 392(2) that REMCo was correct
in the first instance to reject the rule change request, then REMCo
must notify the proponent of the resolution.
393. If rule change request is accepted
If REMCo accepts a rule change request under rule 391(3) or rule
392(2), REMCo must:
(a)
notify the proponent that it has accepted the rule change
request; and
(b)
within 20 business days after notification under rule 393(a),
complete a rule change outline and, if REMCo considers that
the rule change is likely to have a low or high impact, a draft
impact and implementation report; and
(c)
provide the rule change outline and draft impact and
implementation report (if there is one) to the rule change
committee.
394. Initial assessment by rule change committee
(1)
Within 20 business days after it receives a rule change outline and
draft impact and implementation report (if there is one) under rule
393(c), the rule change committee must meet to consider the
related rule change request.
(2)
The rule change committee must:
(a)
reject a rule change request if the rule change committee
considers that the proposed rule change:
(i)
is impractical to implement; or
(ii)
is not cost effective for one or more of REMCo,
participants, pipeline operators and prescribed
persons (as applicable) to implement; or
(iii)
would have an adverse effect on the retail gas
market; or
(iv)
would not comply with the law; or
(v)
be otherwise inconsistent with the objectives in rule
386; and
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(b)
(3)
(4)
within 5 days after rejecting a rule change request:
(i)
notify the proponent and REMCo that it has rejected
the rule change request; and
(ii)
provide the reason why the rule change request was
rejected.
If the rule change committee determines that the rule change
outline and, if available, draft impact and implementation report
does not contain sufficient information to determine the impact of
the proposed rule change, the rule change committee may notify
REMCo of the additional information it requires, in which case:
(a)
within 10 business days after the notification, REMCo must
provide the rule change committee with the information;
and
(b)
the rule change committee must meet again under rule
394(1).
The rule change committee must accept a rule change request if
it is not rejected under rule 394(2).
395. Appeal to REMCo
(1)
(2)
Within 20 business days after notification under rule 394(2)(b),
the proponent may appeal the rule change committee’s decision
by submitting to REMCo:
(a)
a copy of the proponent’s original rule change request; and
(b)
a copy of the rule change committee’s notification and
reasons under rule 394(2)(b); and
(c)
the reasons why the proponent disagrees with the rule
change committee’s decision.
REMCo may determine such procedures as are necessary to
consider this appeal, but in any event must ensure that the appeal
is considered and a decision reached whether or not to accept the
rule change request within 20 business days of receipt of the
appeal.
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(3)
If REMCo determines under rule 395(2) that the rule change
committee was correct to reject the rule change request, then
REMCo must notify the proponent of the resolution.
(4)
If REMCo determines under rule 395(2) that the rule change
committee should accept the rule change request, it must notify:
(a)
the proponent; and
(b)
the rule change committee,
of the resolution.
(5)
Upon notification under rule 395(4)(b), the rule change committee
must accept the rule change request.
396. If the rule change committee accepts the rule change request
(1)
If the rule change committee accepts a rule change request under
rule 394(4) or 395(5), it must determine whether the proposed
rule change is likely to have a non-substantial impact or a low
impact on the affected parties under guidelines published by
REMCo under rule 396(3) (if any).
(2)
Without limiting the rule change committee’s discretion under rule
396(1):
(a)
a change to the rules that is being considered has a nonsubstantial impact if it has no effect on operations of REMCo,
participants, interested persons or prescribed persons and
merely corrects typographical errors, grammatical errors,
cross-referencing errors or other similar trivial defects in the
rules;
(b)
a change to the rules that is being considered has a low
impact if it:
(i)
does not have a material impact on the information
technology systems of REMCo, participants, pipeline
operators or prescribed persons; or
(ii)
does not materially alter consumer
mechanisms under the rules; or
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(iii)
(c)
(3)
does not have a material commercial impact on
REMCo, participants, pipeline operators or prescribed
persons; and
a rule change that is being considered is classified as having
a high impact if it is not classified as having a nonsubstantial impact or a low impact.
REMCo may publish guidelines from time to time for the rule
change committee to use in determining the impact of a proposed
rule change.
396A. Non-Substantial rule change
If the members of the rule change committee unanimously agree
under rule 396(1) that the change to the rules that is being
considered has a non-substantial impact, the rule change
committee must recommend that REMCo submit the nonsubstantial rule change to the approving body where the approval
to a rule change is required by law. REMCo will determine the
format that the rule change committee must use for the
recommendations.
397. Low impact rule change
If the members of the rule change committee unanimously
determine under rule 396(1) that the change to the rules that is
being considered is likely to have a low impact, the rule change
committee must advise REMCo of that determination and submit
an impact and implementation report to REMCo within 2 business
days after making the determination.
398. High impact rule change
(1)
If the rule change committee determines under rule 396(1) that
the change to the rules that is being considered would not have a
non-substantial impact or a low impact, or if an objection made
under rule 399A(4)(a) has specified that a rule change is high
impact, it must notify REMCo of the determination and submit an
impact and implementation report to REMCo.
(2)
After notification under rule 398(1) or rule 399A(4)(a), REMCo
must:
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(a)
(b)
notify each participant, pipeline operator, prescribed person
and interested person that:
(i)
REMCo has received a rule change request containing
a proposed rule change that the rule change
committee has determined would not have a nonsubstantial or low impact; and
(ii)
REMCo seeks submissions on the proposed rule
change; and
provide each participant, pipeline operator, prescribed
person and interested person with:
(i)
the proposed rule change or a description of the
proposed rule change; and
(ii)
information as to where they can access an electronic
copy of the rule change request and the impact and
implementation report; and
(iii)
instructions on how to make a submission on the
proposed rule change to REMCo; and
(iv)
the closing date for submissions, which must be at
least 10 business days after notification under rule
398(1).
(3)
Each participant, pipeline operator, prescribed person and
interested person may lodge a submission on the proposed rule
change using the procedures notified under rule 398(2)(b)(iii).
(4)
Within 10 business days after the closing date notified under rule
398(2)(b)(iv), REMCo must provide the submissions received
under rule 398(3) to the rule change committee.
(5)
Within 20 business days after receipt of the submissions under
rule 398(4), the rule change committee must meet to consider the
submissions.
(6)
Within 10 business days after considering the submissions under
rule 398(5), the rule change committee must make a
recommendation to REMCo.
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399. Consideration of recommended rule change by REMCo
(1)
As soon as practicable and in any event within 20 business days
after receipt of a recommended rule change under rule 396A or
rule 397 or rule 398(6), REMCo must consider the recommended
rule change and determine whether to:
(a)
endorse the recommended rule change; or
(b)
reject the recommended rule change.
(2)
If a recommended rule change relates to rule 362A then REMCo
must not endorse the recommended rule change under rule
399(1)(a) unless at least 80% of the votes cast at a meeting of
the REMCo Board support the endorsement of the recommended
rule change.
(3)
If REMCo decides to reject a recommended rule change under rule
399(1)(b), REMCo must notify:
(a)
the proponent; and
(b)
each person who lodged a submission under rule 398(3) (if
applicable); and
(c)
each interested person,
that the recommended rule change has been rejected and provide
the reason why the recommended rule change was rejected.
399A. REMCo endorses low impact rule change
(1)
If REMCo endorses a low impact recommended rule change under
rule 399(1)(a), then within 5 business days after the decision,
REMCo must:
(a)
notify each participant, pipeline operator, prescribed person
and interested person that:
(i)
REMCo has received a rule change request containing
a proposed rule change that the rule change
committee has determined to have a low impact; and
(ii)
REMCo seeks submissions on the low impact rule
change; and
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(b)
(c)
provide each participant, pipeline operator, prescribed
person and interested person with:
(i)
the proposed rule change; and
(ii)
information as to where they can access an electronic
copy of the impact and implementation report; and
(iii)
instructions on how to make an objection on the low
impact rule change to REMCo; and
the date of the end of the objection period, which must be
at least 10 business days after the notification under rule
399A(1)(a).
(2)
If a participant, pipeline operator, prescribed person or interested
person wishes to object to a low impact rule change it must notify
REMCo of its objection by the end of the objection period. A
submission under this rule 399A(2) must include the reasons for
the objection and specify whether the submitter considers the low
impact rule change to be non-substantial, low impact or high
impact and include reasons for this classification.
(3)
If by the end of the objection period REMCo has not received any
objection under rule 399A(2), then the rule change committee
must recommend to REMCo that it treat the rule change as a low
impact rule change, and REMCo must treat that recommendation
as if it were made under rule 396A.
(4)
If by the end of the objection period REMCo has received any
objection under rule 399A(2), then REMCo must notify
participants, pipeline operators, prescribed persons and interested
persons of the objection and that:
(a)
if an objection made under rule 399A(2) has specified that
the recommended rule change is considered to be high
impact, the rule change will be subject to the high impact
rule change process set out in rules 398 and 399; or
(b)
if an objection made under rule 399A(2) has specified that
the recommended rule change is considered non-substantial
or low impact (and so long as there are no other objections
that require the rule change to be made subject to the high
impact rule change process in rules 398 and 399), REMCo
will provide the objection to the rule change committee for
it to consider.
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(5)
As soon as practicable after receiving the objection information
under rule 399A(4)(b), the rule change committee must
determine:
(a)
to recommend the rule change to REMCo for determination
under rule 400A(1) despite the objection; or
(b)
to abandon the rule change; or
(c)
to recommend an alternative amendment having regard to
the objections received under rule 399A(2).
(6)
If the rule change committee decides to abandon the rule change
under rule 399A(5)(b), it must notify REMCo of its reasons.
REMCo must then notify participants, pipeline operators,
prescribed persons and interested persons that the rule change
has been abandoned and the reasons for the abandonment.
(7)
If the rule change committee decides to recommend an alternative
amendment under rule 399A(5)(c) then:
(a)
if the alternative amendment does not differ materially from
the recommended rule change, the rule change committee
will complete a report, in a format determined by REMCo
from time to time, recommending the rule change for
approval by the approving body where the approving body’s
approval to a rule change is required by law; or
(b)
if the alternative amendment differs materially from the
recommended rule change, the rule change committee must
advise REMCo and REMCo must treat that advice as if it were
given under rule 397.
400. REMCo endorses high impact rule change
(1)
If REMCo endorses a high impact recommended rule change under
rule 399(1)(a), then within 5 business days after the decision,
REMCo must:
(a)
notify each participant, pipeline operator, and interested
person that REMCo has endorsed a recommended rule
change and is seeking submissions on the endorsed rule
change; and
(b)
provide each participant, pipeline operator, prescribed
person and interested person with the following information:
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(i)
a brief description of the endorsed rule change and an
explanation of the reasons
for any material
differences between the proposed rule change and the
endorsed rule change; and
(ii)
information as to where they can access an electronic
copy of the rule change request, the impact and
implementation report, and the endorsed rule change;
and
(iii)
instructions on how to make a submission on the
endorsed rule change to REMCo; and
(iv)
the closing date for submissions, which must be at
least 20 business days after notification under rule
400(1)(a).
(2)
Each participant, pipeline operator, prescribed person and
interested person may lodge a submission on the endorsed rule
change using the procedures notified under rule 400(1)(b)(iii).
(3)
Within 10 business days after the closing date notified under rule
400(1)(b)(iv) or 400(5)(b)iv), REMCo must provide the
submissions received under rule 400(2) or 400(6) respectively to
the rule change committee.
(4)
If the submissions provided under rule 400(3) contain an objection
to the endorsed rule change, the rule change committee must
either:
(a)
complete a recommendation report, in a format determined
by REMCo from time to time, recommending the submission
of the endorsed rule change for approval by the approving
body where the approving body’s approval to an endorsed
rule change is required by law, despite the objection, and
provide the report to REMCo; or
(b)
amend the endorsed rule change to address the objection
and either:
(i)
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if the amendment to the endorsed rule change is not
material, provide REMCo with a recommendation
report, in a format determined by REMCo from time to
time, on the outline of the alternative amendment and
how it differs from the endorsed rule change, and
recommending the submission of the alternative
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amendment for approval by the approving body where
the approving body’s approval to a rule change is
required by law; or
(ii)
(c)
submit the alternative amendment to REMCo; or
abandon the endorsed rule change and notify:
(i)
the proponent; and
(ii)
each person who lodged a submission under rule
400(2); and
(iii)
each interested party;
that the endorsed rule change has been abandoned and the
reason why the endorsed rule change has been abandoned.
(5)
If REMCo receives an alternative amendment under rule
400(4)(b)(ii) or rule 400A(1)(b), then within 5 business days after
the receipt of the alternative amendment, REMCo must:
(a)
notify each participant, pipeline operator, prescribed person
and interested person that REMCo has received an
alternative amendment for an endorsed rule change and is
seeking submissions on the alternative amendment; and
(b)
provide each participant, pipeline operator, prescribed
person, and interested person with the following
information:
(i)
the alternative amendment and an explanation of the
reasons for any material differences between the
alternative amendment and the endorsed rule change;
and
(ii)
information as to where they can access an electronic
copy of the rule change request, the impact and
implementation report, and the endorsed rule change;
and
(iii)
instructions on how to make a submission on the
alternative amendment to REMCo; and
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(iv)
the closing date for submissions, which must be at
least 10 business days after notification under rule
400(5)(a).
(6)
Each participant, pipeline operator, prescribed person and
interested person may lodge a submission on the alternative
amendment using the procedures notified under rule 400(5)(b).
(7)
If the submissions provided under rule 400(3) does not contain an
objection to the endorsed rule change, the rule change committee
must:
(a)
complete a report, in a format determined by REMCo from
time to time, recommending the submission of the endorsed
rule change for approval by the approving body where the
approving body’s approval to an endorsed rule change is
required by law; and
(b)
provide a copy of the report to REMCo.
400A. Submission for approval
(1)
(2)
REMCo may determine such procedures as are necessary to
consider a report received under rule 396A, 400(4)(a),
400(4)(b)(i) or 400(7), but in any event must ensure that within
20 business days of receipt of the report that the report is
considered and a decision reached whether to:
(a)
submit the endorsed rule change for approval by the
approving body where the approving body’s approval to an
endorsed rule change is required by law; or
(b)
amend the endorsed rule change and endorse it for
consultation under rule 400(5); or
(c)
abandon the endorsed rule change.
If REMCo decides under rule 400A(1)(c) not to approve the rule
change committee’s recommendation, it must notify:
(a)
the proponent; and
(b)
each person who lodged a submission under rule 400(2);
and
(c)
each interested party,
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that the endorsed rule change has been abandoned and the
reason why the endorsed rule change has been abandoned.
(3)
If REMCo decides under rule 400A(1)(a) to submit the endorsed
rule change for approval by the approving body where the
approving body’s approval to an endorsed rule change is required
by law, REMCo must:
(a)
notify each participant, pipeline operator, prescribed person
and interested person that the endorsed rule change is being
submitted to the approving body which notice must include
the details of the endorsed rule change; and
(b)
submit the endorsed rule change to the approving body.
401. Appoval
(1)
Upon notification from the approving body that an endorsed rule
change has been approved, REMCo must notify all participants,
pipeline operators, prescribed persons and interested persons.
(2)
A rule change that has been approved by an approving body takes
effect at a time specified by REMCo or the approving body.
402. Amendment of documents relating to the rules
(1)
REMCo must ensure that as a result of any endorsed rule change
taking effect under rule 401(2) that any subsidiary document that
relates to, or is affected by, the rules, is updated and amended
accordingly and REMCo must notify all affected persons of any
amendment made.
(2)
REMCo may determine such procedures and processes necessary
to give effect to its obligation in rule 402(1).
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Chapter 10 – General provisions
403. Other laws and instruments
(1)
Where these rules and any law, relevant Access Arrangement or
licence condition imposed by the Energy Coordination Act 1994
impose different standards for performance in relation to the same
matter, each of REMCo, a participant, a pipeline operator and a
prescribed person must comply with the most stringent standard
for performance in respect of that matter.
(2)
Subject to rule 403(1), if there is any inconsistency between these
rules and any law, Access Arrangement or licence condition
imposed by the Energy Coordination Act 1994, then:
(a)
the law, Access Arrangement or licence condition will prevail
to the extent of the inconsistency; and
(b)
by virtue of rule 7(1), each of REMCo, a participant, a
pipeline operator and a prescribed person (as applicable) is
excused from performing its obligations under these rules to
the extent of the inconsistency.
404. Continuing performance
(1)
The provisions of these rules do not merge with any action
performed or document executed by any party for the purposes of
performance of these rules.
(2)
Any representation in these rules survives the execution of any
document for the purposes of, and continues subsequent to,
performance of these rules.
(3)
Any indemnity agreed by any party under these rules:
(a)
constitutes a liability of that party separate and independent
from any other liability of that party under these rules or
any other agreement; and
(b)
survives and continues subsequent to performance of these
rules.
405. Waiver
Any failure by a party to these rules to exercise any right under
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these rules does not operate as a waiver and the single or partial
exercise of any right by that party does not preclude any other
or further exercise of that or any other right by that party.
406. Remedies
The rights of a party under these rules are cumulative and not
exclusive of any rights provided by law.
407. Severability
Any provision of these rules which is invalid is invalid to that
extent, without invalidating or affecting the remaining rules or the
validity of that rule in any other jurisdiction.
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Appendix 1 – Coding of gas zones and gate points
{Note: This Appendix 1 may be updated from time to time under rule 15.}
– Western Australia
Coding of gas zones
To minimise the number of data fields required in the REMCo registry
and the network operators’ databases the concepts of licence area, subnetwork and heating value zones are all coded using a single 5 digit gas
zone code, as follows:
{Note: The following code is split into two components:
(a)
AB – which is held in the existing two digit transmission zone and identifies
the network operator, licence and Access Arrangement coverage; and
(b)
CCD – which is held in the existing three digit heating value zone and
identifies the sub-network and gas zone within the sub-network.}
ABCCD, where:
A
is used to indicate who is the network operator.
alphanumeric field that can range from 1 to Z:
A is an
1 = ATCO Gas Australia
B
is used to segregate by licence area and
Arrangement Coverage. B is a numerical field:
Access
ATCO Gas Australia in WA:
1 = AGN MWSW GDS
2 = AGN Kalgoorlie
3 = AGN Albany
CC is a 2 character alphanumeric code used to identify the subnetwork within a GDS and the code varies dependant on the
A code:
ATCO Gas Australia in WA (i.e. where A = 1) CC equals as follows:
01 = Geraldton (Nangetty Road)
02 = Eneabba;
03 = Muchea;
04 = Deleted
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05 = Ellenbrook;
06 = Metro North;
07 = Metro South;
08 = Barter Road, Naval Base;
09 = Rockingham;
10 = Pinjarra;
11 = Oakley Road (Pinjarra);
12 = Harvey;
13 = Kemerton;
14 = Clifton Road, Bunbury;
15 = Albany (uncovered sub-network);
16 = Kalgoorlie (uncovered sub-network).
D
is used to identify a heating value zone within a subnetwork.
Examples:
The Harvey sub network in ATCO Gas Australia MWSW
GDS
11121
The Pinjarra sub network in ATCO Gas Australia
MWSW GDS
11101
The Kalgoorlie sub network in ATCO Gas Australia
Kalgoorlie GDS
12161
Coding of gate points
A gate point for a sub-network means a point (which may be the same
location as a physical gate point), which is designated as the gate point
under rule 15 for the sub-network from a pipeline and it is the sum of
all “physical gate points” from that pipeline on a sub-network.
Examples:
There are 4 gate stations (each with an associated physical gate point)
supplying gas to the North Metro sub-network in ATCO Gas Australia’
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MWSW GDS, three from the DBNGP (Harrow St, Della Rd and
Caversham) and one from the Parmelia Pipeline at Harrow St. as a result
there are two gate points one that is the aggregate of the 3 DBNGP
physical gate points and one that equates to the Parmelia physical gate
point.
The same base coding is used to identify gate points at which gas is
supplied into each sub-network from each pipeline. The coding used is
as follows:
ABCCE, where:
A
is used to indicate who is the network operator. A is an
alphanumeric field that can range from 1 to Z, refer above
for details.
B
is used to segregate by licence area and Access
Arrangement Coverage. B is a numerical field, refer above
for details.
CC
is a 2 character alphanumeric code used to identify the subnetwork within a GDS and the code varies dependant on
the A code, refer above for details.
E
is used to indicate which pipeline the gate is connected to.
E is an alpha field that can range from A to Z:
ATCO Gas Australia in WA:
D = Dampier to Bunbury Natural Gas Pipeline
P = Parmelia Pipeline
G = Goldfields Gas Transmission Pipeline
L = LPG supply
Examples:
The gate point on the DBNGP that supplies the Harvey sub
network in ATCO Gas Australia MWSW GDS
1112D
The gate point on the Parmelia that supplies the North
Metro sub network in ATCO Gas Australia MWSW GDS
1106P
The gate point on the GGT that supplies the Kalgoorlie sub
network in ATCO Gas Australia Kalgoorlie GDS
1216G
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– There is no Sub-appendix 1.2
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Appendix 2 – Estimation and Verification Methodology
– Western Australia
Verification methodology for Basic Meters
There are two steps in the ATCO Gas Australia basic meter validation;
Validation of the meter readers data input and a trend check against
historical consumption:
Validation of the meter readers data input
The Meter-readers Handheld Unit (MHU) is loaded with upper
and lower limits for the index reading. These limits are
calculated from the previous index reading and the estimated
consumption for the time period since that last meter reading.
The estimated consumption is determined using the same
algorithms as those used for estimating consumption in case a
meter reading cannot be obtained.
The Hi / Lo limits allow for gas usage since the last reading
ranging from 50 % to 175 % of estimated usage. If readings
exceed this range the meter reader is required to acknowledge
the error alert and re-enter the meter index reading. Only if
both readings are the same is the meter reader able to store
the reading.
Trend check Against Historical data
The Network Management Information System (NMIS) checks
that the data uploaded from the MHU results in gas usage that
is within an expected range. This range is currently set as
between 0 to 2000 % of the estimated usage. Nil consumption
is allowed due to the high incidence of heating only consumers.
An operator is alerted if the meter index reading is outside this
range and has the option to:

Use the meter index reading received if it seems
reasonable based on previous billing history; or

Use a system generated estimate; or

Enter a reading. The latter is typically used when it is
clear that the meter reader has entered the wrong
number of digits, etc.
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Verification methodology for Interval Meters
ATCO Gas Australia uses three types of verification checks:

Device checks – where data from individual logging
devices is compared with configurable limits.

Primary to Secondary checks – where data from
different devices are compared. (This range of checks is
used on sites where dual logging devices are installed)

Trend checks – Hourly, daily and 7 daily historical
comparisons.
The following checks describe the checks done for a more
complex interval-metered site with multiple logging devices
recording Vun, P, T and calculating Vcr and Z. Not all interval
meter sites are so elaborated they range from:

Fixed factor sites
These sites have a single datalogger recording the pulses
from the flow meter pulse head and computing Vcr using
fixed values for pressure and temperature

Measured P & T with single logger
These sites have a single data logger that records the
pulses from the flow meter pulse head, the output from
the pressure and temperature transmitters and calculates
Vcr from this data.

Measured P & T with dual logger
These sites have a two dataloggers that each record the
pulses from the flow meter pulse head, the output from
the pressure and temperature transmitters and calculates
Vcr from this data. This enables the primary to secondary
checks

Measured P & T with flow computer
These sites have a single flow computer that records the
pulses from the flow meter pulse head, the output from
the pressure and temperature transmitters and calculates
Vcr from this data whilst taking account of compressibility.
The latter is calculated using the measured pressure and
temperature inputs and stored gas quality parameters.
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Thus only those checks that are feasible for the individual site
are applied, i.e. there is no trend check for pressure on a fixed
factor site, nor is there a Primary to Secondary checks on single
device sites.
Device checks
A range of checks are conducted on hourly data comparing
Vun (volume uncorrected), Vcr (volume corrected for
pressure and temperature), pressure and temperature values
with site specific upper and lower limits.
Also included are checks to ensure the integrity of the incoming
data eg Vcr > 0 when Vun = 0. Vcr is calculated based on the
hourly Vun, pressure and temperature and compared against
the Vcr value supplied by the logging device.
A further inclusion is a device health check, we establish that
there are no device status alarms and that battery voltage is
at a satisfactory level.
Primary to Secondary checks
Compares the incoming values for Vun, Vcr, pressure and
temperature on sites that have dual logging devices between
the two devices. This comparison identifies logger failures
ranging from input card drift to full logger failure.
Trend checks
A range of trend checks is conducted on hourly and daily data
by comparing the current data with historical data. This is
possible as almost all meter sites have a fixed delivery
pressure and a fairly constant delivery temperature when the
meter is flowing. The aim of the check is to identify issues
such as transmitter drift and flow meter contamination.
Three categories of checks are used:

Intra Day Checks
Compares hourly temperature and pressure for each hour
if the gas day during periods of consumption.

3 Week Pressure Transmitter Drift Check
Average daily pressure of current gas day against average
daily pressure for current gas day – 21.
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
Gas Consumption Trend
Vcr for the current gas day is compared against the Vcr
for current gas day – 7.
Pass / Fail Limits
Pass and fail limits are set individually per site in ATCO Gas
Australia’s Gas Distribution Billing Data Verification (GDBDV)
system, thus enabling effectual checks rather than having to
adjust the pass / fail window to the lowest common
denominator.
When GDBDV determines that a check fail the operator is
alerted. Different alarm types exist and they range from:

Alert only where the data is accepted automatically and
the operator investigates the issue at a latter stage and
decides if corrective action is required.

Alert and operator release. The Operator views the
data and decides if it is accepted, amends the data or
instructs the system to generate an estimate.

System Generate Estimate.
Where the system
generates an estimate without seeking the operator’s
input, this typically occurs when there has been no data
received for a site.
Estimation of Data for Basic Meters
Type 1 Estimation Methodology (“Same Time Last Year”)
ATCO Gas Australia uses this estimation methodology where
the distribution supply point in respect of which the estimated
value is to be calculated has at least 12 months consumption
history. Where consumption is to be estimated the process is
as follows:
Step 1. Calculate the mid-date of the estimation period.
Get the Start Date for the estimation period based on the most
recent verified meter read.
Mid Date = Start Date + ½ (Estimation Date – Start Date)
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{Example: If the date that consumption is to be estimated is for 31
Mar 2003 and the most recent verified meter read is 31 Dec 2002 then
the mid period date is 14 Feb 2003.
Mid Date = 31 Dec 2002 + ½ (31 Mar 2003 – 31 Dec 2002) = 14 Feb
2003}
Step 2. Retrieve the same time last year meter reading
interval
Retrieve the verified meter read with a Start Date prior to the
Mid Date in the previous year and with an End Date on or after
the Mid Date in the previous year.
{Example: Retrieve same time last year meter reading interval for the
site where start date is on or before 14 Feb 2002 and whose end date
is on or after 14 Feb 2002.}
Step 3. Calculate the average daily consumption for the
same time last year meter reading interval
Divide the consumption (i.e. energy consumption, in MJ) in the
same time last year meter reading interval by the number of
days in the same time last year meter reading interval to give
the average daily consumption. Multiply this average daily
consumption by the number of days in the Estimation period.
{Example:
2002
2003
Same Time Last Year Reading Interval
Meter Reading Interval to be Estimated
Verified Start meter Verified End meter Previous
Verified Estimation date
read
read
meter read
10 Jan 2002
28 Mar 2002
31 Dec 2002
77 Days
90 Days
Consumption 6000 MJ
Consumption?
31 Mar 2003
Average Daily Consumption = 6000/77 = 77.92 MJ/Day
Estimation date (31 Mar 2003) – Date of previous verified meter read
(31 Dec 2002) x MJ/Day
= 90 x 77.92 = 7012.8MJ}
If there is insufficient historical information or the number of
days in the same time last year meter reading interval is less
than 25 days then use the Type 2 Estimation Methodology.
Type 2A Estimation Methodology (“Same Time Last Period”)
ATCO Gas Australia uses this Estimation Methodology where
the distribution supply point in respect of which the estimated
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value is to be calculated has less than 12 months consumption
history or where the Type 1 Estimation Methodology could not
otherwise be used. Where consumption is to be estimated:
Step 1. Retrieve the same time last period meter
reading interval
Retrieve the verified meter read with a meter read date prior
to the Start Date of the Estimation period.
{Example: If the date that consumption is to be estimated for is 31
Mar 2003 and the most recent verified meter read is 31 Dec 2002 then
search for the next most recent verified meter read.
Estimation Date
Most recent verified meter Next most recent verified
read date
meter read
31 Mar 2003
31 Dec 2002
30 Sep 2002
Therefore the same time last period meter reading interval will be 30
Sep 2002 to 31 Dec 2002.}
Step 2. Calculate the average daily consumption for the
same time last period meter reading interval
Divide the consumption (i.e. energy consumption, in MJ) in the
same time last period meter reading interval by the number of
days in the same time last period meter reading interval to
give the average daily consumption. Multiply this average
daily consumption by the number of days in the Estimation
period.
{Example:
Same Time Last Period Meter Reading Meter Reading Interval to be Estimated
Interval
Verified Start meter Verified End meter Previous
Verified Estimation date
read
read
meter read
30 Sep 2002
31 Dec 2002
92 Days Consumption 5000 MH
31 Dec 2002
31 Mar 2003
90 Days Consumption?
Average Daily Consumption = 5000/92 = 54.35 MJ/Day
Estimation date (31 Mar 2003) – Date of previous verified meter read
(31 Dec 2002) x MJ/Day
= 90 x 54.35 = 4891.3MJ}
If there is insufficient historical information or the number of
days in the same time last period meter reading interval is less
than 25 days then use the Type 3 Estimation Methodology.
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Type 2B Estimation Methodology (“Average Daily Consumption”)
ATCO Gas Australia uses this estimation methodology where
the Type 1 or Type 2A Estimation Methodologies could not
otherwise be used (eg. for a newly commission supply point).
In this case an Average Daily Consumption figure for the
supply point is used to derive an estimate. The Average Daily
Consumption figure is an energy value (in MJ) stored against
the individual supply point. It is updated on an ongoing basis
whenever a verified meter read is received. For new sites, the
Average Daily Consumption is defaulted, depending upon the
meter type:
-
For an AL6 meter:
100 MJ/d
-
For an AL12 meter:
550 MJ/d
-
Other Basic Meters:
Based on a nominal annual
usage for that particular
consumer
Where consumption is to be estimated, multiply the Average
Daily Consumption by the number of days in the Estimation
period.
Type 3 Estimation Methodology (“Otherwise Determined”)
Where none of the Types of estimates provided in sections
2.1.3.1 to 2.1.3.3 is appropriate, a user and a network
operator may agree an estimate.
Estimation of Data for Interval Meters
Dual Device Sites
When there is no validated primary data then an estimate will
be based on using a copy of validated secondary data for the
same period. If there is no validated secondary data available
then an estimate will be made using the “same time last week”
approach.
Single Device Sites
When there is no validated data then estimate will be made
using the “same time last week” approach.
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“Same Time Last Week” Method
The value to be used as a substitution is taken from the same
time of day as the interval to be substituted from a “Similar
Day” of the previous week (or from within the current week for
some weekdays). Public Holidays (PH) are treated as if they
were a Sunday. Saturday and Sunday are to be treated
normally even if they fall on a PH. The table below is based
on the starting point that whilst Monday and Friday
consumption patters may be different from other weekdays
the remaining weekdays are interchangeable. The “Alternate”
and “2nd Alternate” similar days are used when the original
“Similar” day is unsuitable because it falls on a PH.
Substitution
Day
“Similar
Day”
Day that is
not a PH
“Alternate
Similar Day”
Day to be used if
the “Similar Day”
is PH
“2nd Alternate Similar
Day”
Day if both “Similar
Day” and “Alternate
Similar Day” are PH
Weekday PH
Most recent Sunday
Monday, not
PH
Most recent Monday not a public holiday
Tuesday, not
PH
Tuesday last
week
Wednesday last
week
Thursday last week
Wednesday,
not PH
Wednesday
last week
Tuesday this week
Thursday last week
Thursday, not
PH
Thursday last
week
Wednesday this
week
Tuesday this week
Friday, not PH
Most recent Friday not a public holiday
Saturday, incl.
PH
Most recent Saturday
Sunday, inc.
PH
Most recent Sunday
Examples: If we fail to get data for a site on Monday the 8th
of January 2007. In accordance with the table we would first
try Monday 1 January 2007, and as this is a public holiday, we
next try Monday 25 December 2006, and as this is also a public
holiday we finally end up using the data from Monday 18th
December 2006 as estimate for Monday the 8th of January
2007.
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Similarly if we need data for Friday the 2nd of May 2003, we
first try Friday 25 April, ANZAC day, next try Friday 18 April,
Good Friday, and finally use Friday 11th April.
Estimates from estimated data
The data from the “Similar Day” is used irrespective whether
it is actual data, or that data itself was an estimate.
Lack of substitute data
If there is no suitable substitute day, for instance due to a lack
of historical data on a new site, than the estimate may be
determined in any method deemed suitable by the operators
at his/her sole discretion.
One method the operator may consider is to derive an estimate
using the nominal consumption, as agreed under the haulage
contract, for that site and assuming a 9 hr a day, 7 day a week
operation. The nominal annual consumption is divided by
3285 (9 Hrs * 365 Days) to determine the hourly flow to be
used as estimate for each of the hours between 8 AM to 5 PM.
The remaining hours between 5 PM to 8 AM are estimated as
zero.
Anticipated Annual Consumption
Anticipated annual consumption is determined in accordance
with the following table by having regard to the size of the
meter installed at the delivery point:
Meter Size
Anticipated Annual
Consumption
-
For an AL6 meter:
100 MJ/d
-
For an AL12 meter:
550 MJ/d
-
Other Basic Meters:
Based on the nominal annual
usage
for
that
particular
consumer
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– There is no Sub-appendix 2.2
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– REMCo’s Estimation Methodology for Gate Point Data, Net
System Load and Interval Meters
Estimation of Data for Interval Meters
In relation to estimates for a time interval of the ‘Substitution Day’ for
net system load and interval meters, REMCo is to create an estimate
of the data using the like day substitution methodology by using data
from the same time interval of the first available ‘Preferred Day’ (as
detailed in the table below) unless:

The substitution day was a public holiday, in which case the most
recent Sunday is to be used.

The substitution day was not a public holiday but the ‘Preferred
Day’ is a public holiday, in which case the substitution ‘Preferred
Day’ to be used must be the most recent Preferred Day that is not
a public holiday.
Note:
Substitution
Day
Preferred Day (in order of availability)
Monday
Monday**
Tuesday
Tuesday** Wednesday** Thursday**
Wednesday
Wednesday** Tuesday* Thursday**
Tuesday**
Thursday
Thursday** Wednesday* Tuesday*
Wednesday** Tuesday**
Friday
Friday**
Saturday
Saturday**
Sunday
Sunday**
*
Occurring in the same week as the substitution day.
**
Occurring in the week preceding that in which the
substitution day occurs.
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Examples: If we fail to get data for a site on Monday
the 8th of January 2007. In accordance with the table
we would first try Monday 1 January 2007, and as
this is a public holiday, we next try Monday 25
December 2006, and as this is also a public holiday
we finally end up using the data from Monday 18th
December 2006 as estimate for Monday the 8th of
January 2007.
Similarly if we need data for Friday the 2nd of May
2003, we first try Friday 25 April, ANZAC day, next
try Friday 18 April, Good Friday, and finally use
Friday 11th April.
Estimation of Data for Gate Point Meters
In relation to estimates for a time interval of the ‘Substitution Day’ for
gate point metering data, REMCo is to create an estimate of the gate
point metering data using the nomination estimation methodology as
outlined below.
The estimate of the gate point metering data is to be created by
summing the profiled pipeline nominations for the relevant gate point
for the relevant gas day
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Appendix 3 – Calculation of the MIRN checksum
Calculating the MIRN checksum
Under these rules, a one digit checksum is used to reduce the
frequency of MIRN data entry errors which cause transfer errors.
A summary of the algorithm used to create the MIRN checksum
is:
1.
Double the ASCII value of alternate digits within the MIRN
beginning with the right-most digit.
2.
Add the individual digits comprising the products obtained
in step 1 to each of the unaffected ASCII value digits in the
original number.
3.
Find the next highest multiple of 10.
4.
The check digit is the value obtained in step 2 subtracted
from the value obtained in step 3.
If the result of this subtraction is 10 then the check digit is 0.
Section 0 provides a worked example of the algorithm. Section 0
provides samples.
The MIRN checksum is always a numeric character.
The checksum is required for applications where data entry occurs
and there is a risk of character transposition, for example from
paper to electronic systems or through an interactive telephone
service.
Worked example
Summary
The logic of the algorithm can be summarised as:
(a)
Individually process each numeric character in the MIRN,
starting with the right most.
(b)
For each character:
(i)
Retail Market Rules Version 6.7
convert the character to its ASCII value; and
© Retail Energy Market Company Limited ABN 15 103 318 556
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(c)
(ii)
for the right most character and each alternate
character reading left, double the ASCII value
obtained in Step (b)(i) above; and
(iii)
calculate the sum of the individual digits of the ASCII
value to a register holding the total added value for
the MIRN checksum.
Subtract the total added value register from the next
highest multiple of 10.
If the result is 10, the checksum is 0, otherwise the result is the
checksum.
The MIRN for the example is 5600012357
Worked example
Step 1:
Initialise variables used by the process
(d)
Double_This_Char is a Boolean that indicates whether
the character currently being processed should be doubled.
(e)
Char is the character currently being processed, as it
appears in the MIRN.
(f)
ASCII_Char is the ASCII value of Char.
(g)
Total is the running sum of the digits generated by the
algorithm.
(h)
Checksum is the final result.
At the start of the process:

Double_This_Char = True because the right most
character, and then every alternate character, is doubled
by the algorithm.

Total = 0

Checksum = NULL
Step 2:
Read the MIRN character by character, starting with the
right most character
eg. Char = 7
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Step 3:
Convert the character to its ASCII value
eg. ASCII_Char = 55
Step 4:
Double the ASCII value if the character is the right most of
the MIRN or an alternate
eg. ASCII_Char = 110
Double_This_Char = Not Double_This_Char
Step 5:
Add the individual digits of the ASCII value to the Total
eg. Total = Total + 1 + 1 + 0 (i.e. Total = 2)
Performing steps 2 through 5 for each character in our example
MIRN gives the following results:
Character
Total
Before
ASCII
Value
Double?
Doubled
Value
7
5
0
2
55
53
Y
N
110
53
3
10
51
Y
102
2
1
0
0
0
13
18
35
47
62
50
49
48
48
48
N
Y
N
Y
N
50
98
48
96
48
6
74
54
Y
108
5
83
53
N
53
Total After
2 (1+1+0)
10 (2+5+3)
13
(10+1+0+2)
18 (13+5+0)
35 (18+9+8)
47 (35+4+8)
62 (47+9+6)
74 (62+4+8)
78
(74+1+0+8)
91 (83+5+3)
The value of Total after processing the entire MIRN is 91.
The next highest multiple of 10 is 100.
Therefore, the MIRN checksum = 100 – 91 = 9
Samples
The following checksums were calculated under clause 0. The MIRN and
MIRN checksums are provided to assist participants in checking their
implementation of the MIRN checksum algorithm.
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MIRN
MIRN
checksum
MIRN
MIRN
checksum
5500000278
4
5600000278
2
5500003074
5
5600003074
3
5500008129
2
5600008129
0
5500012357
1
5600012357
9
5500023478
0
5600023478
8
5500047359
4
5600047359
2
5500067253
5
5600067253
3
5500079467
6
5600079467
4
5500089000
8
5600089000
6
5500099352
6
5600099352
4
5500102781
5
5600102781
3
5500139654
8
5600139654
6
5500200000
4
5600200000
2
5500289367
3
5600289367
1
5500346583
7
5600346583
5
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Appendix 4 – Auditor’s deed of undertaking
THIS DEED POLL is made on the
20___
day of
RECITALS:
A.
Under Part 7.2 of the Retail Market Rules, the Covenantee
has appointed the Covenantor as the independent auditor to
audit those Records as are necessary to verify the
Covenantee’s compliance with the Retail Market Rules.
B.
During the audit investigations the Covenantor may be
provided with or given access to Confidential Information for
the purpose of auditing the Covenantee’s compliance with
the Retail Market Rules (“Purpose”).
C.
The Covenantee requires the Covenantor, and all persons
whom each Covenantor proposes, and considers it
necessary, to give or make Confidential Information
available for the Purpose, to provide confidentiality
undertakings in the form of this Deed.
D.
The Covenantor by this Deed now makes the several
promises, undertakings, acknowledgments and warranties
contained in this Deed, for the benefit of the Covenantee.
OBLIGATIONS
1.
The Covenantor covenants with the Covenantee as follows:
(a)
subject to clauses 2 and 3, to keep strictly secret and
confidential the Confidential Information and not to divulge
or disclose in any manner whatsoever the Confidential
Information to any person or use the Confidential
Information other than strictly for the Purpose;
(b)
that any person who has executed a confidentiality
undertaking pursuant to clause 2 will not commit or allow to
be committed a breach of the confidentiality undertaking
signed by it;
(c)
the Covenantor will not reproduce, copy or transcribe, nor
allow to be reproduced, copied or transcribed, in any form
the Confidential Information, except where (and to the
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extent) reasonably necessary for the purpose of assisting
the Covenantor for the Purpose;
(d)
if requested by the Covenantee, the Covenantor will
immediately return to the Covenantee, or destroy as the
Covenantee directs, all original documents containing any
Confidential Information and any copies of those documents
and remove from electronic, magnetic or other non-tangible
storage all Confidential Information, including in all cases
such information combined with any other information, and
certify to the Covenantee (in the case of a corporation,
signed by a director) that they have discharged its
obligations under this clause;
(e)
the Covenantor will ensure that the Confidential Information
is stored in any manner or form which the Covenantee may
reasonably require from time to time;
(f)
the Covenantor will maintain an up to date register of all
persons to whom the Covenantor has disclosed Confidential
Information, and must immediately provide a copy of that
register to the Covenantee whenever requested; and
(g)
the Covenantor will not, without the prior written consent of
the Covenantee, make any enquiries of or hold any
discussions with any representatives, directors, employees,
officers, financiers, customers, suppliers or consultants of
the Covenantee in connection with the Confidential
Information or the Purpose.
2.
The Covenantor may disclose the Confidential Information to an
employee, servant, director, adviser, consultant or agent of the
Covenantor, who is assisting the Covenantor for the Purpose, and
to any employee of such adviser, consultant or agent involved in
assisting the Covenantor for the Purpose, but only if that person
has been approved in writing by the Covenantee, informed by the
Covenantor about the confidential nature of the Confidential
Information, is a person to whom it is necessary to disclose the
Confidential Information for the purposes of assisting the
Covenantor for the Purpose and only if that person has executed
and delivered to the Covenantee a deed of confidentiality in
substantially the same form as this Deed.
3.
The Covenantor undertakes that if it is compelled to disclose any
Confidential Information, or otherwise proposes to disclose any of
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the Confidential Information because of a law or an order of a
court or tribunal, the Covenantor:
(a)
will provide prompt notice to the Covenantee of the same in
order that the Covenantee may seek a protective order,
exemption from production or other appropriate remedy;
(b)
will only disclose the relevant Confidential Information
which there is a legal compulsion to disclose; and
(c)
will provide the Covenantee with all reasonable assistance
and co-operation that they consider necessary to prevent
the disclosure of the relevant Confidential Information.
4.
The Covenantor acknowledges that the Confidential Information
given or made available to the Covenantor contains information
that is confidential to the Covenantee and the improper use or
disclosure of that Confidential Information may cause loss or
damage to the Covenantee.
In the event of a breach or
threatened breach of the terms of this Deed by the Covenantor,
the Covenantee will be entitled to seek an injunction restraining
the Covenantor from committing any or further breach of this
Deed without having to show or prove any actual damage
sustained by the Covenantee.
5.
The Covenantor agrees with the Covenantee to indemnify and
keep indemnified the Covenantee from and against any loss or
expense of any nature whatsoever, including consequential loss,
which the Covenantee may suffer or incur arising directly or
indirectly from any breach by the Covenantor or any of the
persons referred to in clause 2 of this Deed of the promises,
undertakings, acknowledgments and warranties contained in this
Deed or in a confidentiality undertaking signed by them.
6.
The Covenantor must promptly notify the Covenantee if it
becomes aware of any suspected or actual unauthorised access,
use, copying, disclosure, damage or destruction by any person to
whom it has divulged all or any part of the Confidential
Information or who becomes aware of the Confidential
Information in an unauthorised way and must give the
Covenantee all reasonable assistance in connection with any
proceedings which the Covenantee may institute against that
person for breach of confidence or otherwise.
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7.
The Covenantor acknowledges and agrees that any Confidential
Information provided prior to the execution of this Deed by the
Covenantee or by any person acting on its behalf, to the
Covenantor, or to an employee, servant, director, adviser,
consultant or agent of the Covenantor, or any employee of such
adviser, consultant, agent or financier, was imparted in confidence
and that any such information shall be subject to the terms of this
Deed as if it were disclosed after the date of this Deed.
8.
The Covenantor acknowledges that certain of the Confidential
Information may comprise information or materials in respect of
which the Covenantee, its officers, employees or advisors may at
any time wish to claim legal professional privilege and the
Covenantor undertakes that it or any person referred to in clause
2 will not at any time take any action, or permit any action to be
taken by another person, with the purpose of defeating such claim
of legal professional privilege by reason that its disclosure
pursuant to this Deed has deprived that Confidential Information
of the requisite character of confidentiality.
9.
The Covenantor agrees to provide a Report to the Covenantee
within 2 months after the end of the year to which the Audit
relates, which contains the information and content as set out in
rule 359 of the Retail Market Rules.
10.
The Covenantor agrees to provide a copy of its Report to any
participant or Interested Person nominated by the Covenantee.
11.
The Covenantor acknowledges and agrees that the right, title,
interest and intellectual property in the Report vests in the
Covenantee.
12.
The Covenantor warrants that it has full legal capacity to provide
the several promises, undertakings, acknowledgments and
warranties contained in this Deed.
13.
The Covenantor warrants that its execution of this Deed is in the
proper form and that it believes and intends to be bound by the
provisions of this Deed.
14.
The Covenantor promises to notify the Covenantee immediately if
any warranty contained in this Deed ceases to be true and
immediately any promise, acknowledgment or undertaking
contained in this Deed is breached or is not performed as and
when required by this Deed to be performed.
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15.
The Covenantor acknowledges and agrees that the promises,
undertakings, acknowledgements and warranties contained in this
Deed are for the benefit of the Covenantee and may be pleaded
by any person entitled to the benefit of this Deed in bar to any
claim by the Covenantor or any person claiming through the
Covenantor.
16.
Unless the context otherwise requires, terms in this Deed have
the same meaning as given to them in the Retail Market Rules and
in this Deed:
"Audited Person" means each of a participant or REMCo
(as applicable).
"Confidential Information" means:
(i)
the terms of this Deed and the information contained
in it and all other information supplied to or received
by the Covenantor in connection with the Retail
Market Rules and the Purpose; and
(ii)
Intellectual Property Rights in the information and
knowledge referred to in paragraph (i) of this
definition,
except for:
(iii)
any information which was in the public domain prior
to its disclosure to the Covenantor or, which after such
disclosure, enters the public domain through no act or
omission of the Covenantor or any of the persons
referred to in clause 2 of this Deed; and
(iv)
any information provided to the Covenantor (without
restriction as to its use or disclosure by the
Covenantor) by a third party who is legally entitled to
possess the Confidential Information and provide it to
the Covenantor.
"Covenantee"
applicable).
means
REMCo
or
a
participant
(as
"Covenantor" means [insert name and address details
of the independent auditor that has been appointed].
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"Intellectual Property Rights" means any rights in
relation to any copyright, trade mark, design, drawing,
patent, know-how, secret process and any other similar
proprietary rights and the rights to the registration of the
rights, whether created, formed or arising before or after
the date of this Deed.
"person" will be taken to include a body corporate, an
unincorporated association, a firm or partnership (whether
limited or unlimited) and an authority or organisation
notwithstanding that any of them may not be legal persons
and includes a person's executors, administrators, heirs,
successors and assigns.
"Records" means those records required to be kept by the
Covenantee for the purposes of an audit conducted under
Part 7.2 of the Retail Market Rules.
"Report" means the report prepared by the Covenantor as
a result of undertaking the purpose in accordance with this
Deed.
"Retail Market Rules" means the market rules dated
[insert date] as approved by the relevant jurisdictions.
(b)
A reference to the publishing of information will be taken to
include a reference to the dissemination or communication
of that information in any manner or form whatsoever.
(c)
A reference to the copying or storage of information will be
taken to refer to any form of reproduction, copying or
storage, including, but not limited to, reproduction, copying
or storage in electronic, electronically assisted, or magnetic
form or microform.
(d)
A reference to Confidential Information will include a
reference to the whole or part thereof, and will extend to
include the Intellectual Property Rights in the Confidential
Information.
(e)
Where two or more persons undertake an obligation or give
a warranty, they do so, and an obligation or warranty in
favour of two or more persons benefits them jointly and
severally. A word importing a gender includes every other
gender.
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(f)
This Deed will be construed and take effect in accordance
with the laws of the jurisdiction in which the Covenantee
resides and the applicable laws of the Commonwealth.
(g)
The
warranties,
promises,
acknowledgments
undertakings given in this Deed are continuing.
(h)
Waiver of any right arising from a breach of this Deed or of
any right, power, authority, discretion or remedy arising
upon default under this Deed must be in writing and signed
by the party granting the waiver. A failure or delay in
exercise, or partial exercise, of a right arising from a breach
of this Deed, or a right, power, authority, discretion or
remedy created or arising upon default under this Deed,
does not result in a waiver of that right, power, authority,
discretion or remedy.
(i)
Any notice or consent required to be given under this Deed
must be in writing and shall be deemed to have been duly
made or given if sent by facsimile clearly marked "urgent",
to a person at the destination set out below in respect of
that person or such other destination as that person may
from time to time provide (and is deemed to have been
received on the date of transmission provided the sender's
facsimile machine produced a simultaneous report of
complete and satisfactory transmission):
(i)
and
Covenantee:
[Name of Covenantee]
[Address of Covenantee]
Facsimile No:
Attention:
(ii)
[Insert Facsimile Number]
[Insert Name of Person and Title]
Covenantor:
[Name of Independent Auditor]
[Address of Independent Auditor]
Facsimile No: [Insert Facsimile Number]
Attention:
[Insert Name of Person and Title]
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EXECUTED AS A DEED
Signed for and on behalf of
[
by
Position:
]
in the presence of:
)
)
)
)
)
)
........................................................
(Witness signature)
........................................................
(Witness name)
........................................................
(Witness address)
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Appendix 5 – Calculations, Rounding and Units
Rounding
Where a participant, pipeline operator or prescribed persons is required
to calculate a value under these rules, the calculation must not truncate
any value.
A derived value has accuracy equal to the accuracy of the least accurate
input variable to the calculation.
For example:
For a value derived from the product of two variables, one accurate to
two decimal places and one accurate to three decimal places, the
product will initially be set to three decimal places to allow for rounding
to a final precision of two decimal places.
Rounding will only be applied to the final value derived in the calculation
process. If the last digit is a 5, the value is rounded up.
For example:
ROUND
2.14
to one decimal place
equals 2.1
ROUND
2.15
to one decimal place
equals 2.2
ROUND
2.159
to one decimal place
equals 2.2
ROUND
2.149
to two decimal places
equals 2.15
ROUND
1.485
to two decimal places
equals 1.49
Calculations
In all cases:
TE  PCF  HV V
where:
TE
= total energy;
PCF
= pressure correction factor;
HV
= Heating Value; and
V
= volume.
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Example 1 Total Energy Calculation:
PCF of 1.0989
HV of 39.81
Volume of 200
Total energy
= 1.0989 * 39.81*200
= 8749.4418
Rounded to 8749
Example 2 Total Energy Calculation:
PCF of 1.0989
HV of 41.89
Volume of 200
Total energy
= 1.0989 * 41.89* 200
= 9206.5842
Rounded to 9207
Example 3 Total Energy Calculation:
PCF of 1.0989
HV of 38.55
Volume 345 hundred cubic feet
Total energy
= 1.0989*38.55*(345*2.832)
= 41389.94982
Rounded to 41390
Units
The total energy calculated by network operators will be expressed in
megajoules for all meters.
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Appendix 6– Requirements for explicit informed
consent
Requirements for explicit informed consent
A customer’s consent will be explicit informed consent if the
consent is given:
(a)
expressly; and
(b)
subject to clause 0, in writing; and
(c)
after the user has in plain language appropriate to that
customer disclosed all matters materially relevant to the
giving of the consent, including each specific purpose for
which the consent will be used; and
(d)
by a person competent to give it on the customer’s behalf.
Small use customer’s consent may be given orally
A small use customer’s explicit informed consent may be given
orally.
Records of explicit informed consent
A user must:
(e)
create a record of each explicit informed consent received.
(f)
maintain the record for a period of at least 2 years from
the date of the explicit informed consent.
(g)
provide a copy of the record to REMCo within 10 business
days after REMCo requests it.
A record under clause 0 must:
(h)
be in a form capable of examination by REMCo under rule
72(5) and of audit under rule 350;
(i)
include such information as enables REMCo or the auditor
to verify the user’s compliance with rules 55A, 72(1),
72(4), 79(1), 79(4), 166A and 349 and this Appendix 6.
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Appendix 7 – Swing Service Provision Umbrella Deed
(SSPUD)
Dated [……]
PARTIES
1.
[Insert name of SSP]; and
2.
The users specified in the Schedule to this deed as added to from
time to time under clause 5.3; and
3.
REMCo.
BACKGROUND
A.
REMCo and the users are participants in the gas retail
market governed by the REMCo Market Rules (“rules”).
B.
Under the rules, users from time to time must acquire swing
service for a gate point.
C.
Under the rules, REMCo administers two bid stacks for each
gate point, one each for the provision and acquisition of park
swing service and loan swing service.
D.
The SSP may wish to supply swing service by bidding into a
bid stack.
E.
This deed governs the SSP’s participation in that process.
F.
This deed applies in respect of each gate point at which
REMCo administers a bid stack.
G.
Under the rules, after applying the bid stack processes for a
gas day, REMCo issues contract notes which specify the gate
point, the user’s SSA (which is the amount of park swing
service or loan swing service provided to the user), the
swing service provider which is providing it, the user which
is receiving it, the MCP(TSS(BS)) or MCP(ANUSA) and the
FSS (which is the amount payable by the user to the swing
service provider).
H.
This deed governs the effect of a contract note which
specifies the SSP as providing swing service, and sets out
the rights and obligations of the SSP and the contracted user
under the swing service contract which arises when the
contract note is issued.
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THE PARTIES AGREE:
1.
INTERPRETATION
1.1
Definitions
Unless the context otherwise requires, the following definitions
apply in this deed and a swing service contract:
“bid stack” means a bid stack operated by REMCo under the
rules.
“business day” has the meaning given to it in the rules.
“contract note” means a notice given to the SSP and the user
by REMCo under rule 296.
“contracted charge” means the total charge payable specified
in a contract note, which is the FSS.
“contracted gate point” means the gate point between the
pipeline specified in a contract note and the sub-network specified
in the contract note.
“contracted service” means the amount of park swing service
or loan swing service, as applicable, specified in the contract note,
which is the SSA.
“contracted user” means the user specified in a contract note.
“force majeure event” in relation to any person, means any fact
beyond the reasonable control of that person which prevents,
hinders or delays that person from or in the performance of any
liability of that person under any agreement, but excluding any
fact resulting from any action, or omission or default of that
person, or any agent of that person.
“FSS” has the meaning given to it in the rules and is also defined
as the contracted charge.
“gas day” has the meaning given it in the rules.
“gate point” has the meaning given to it in the rules.
“governmental agency” means:
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(a)
the Crown, any government, any governmental ministry or
department; or
(b)any Crown, governmental, semi-governmental, statutory,
parliamentary, administrative, fiscal, public, federal, state,
national, municipal, local, judicial or regulatory:
(i)
entity;
(ii)
agency;
(iii)
instrumentality;
(iv)
utility;
(v)
authority;
(vi)
court;
(vii) commission;
(viii) body; or
(ix)
tribunal.
“governmental consent” means:
(a)
any consent, authorisation, registration, filing, lodgement,
agreement, notarisation, certificate, permission, licence,
approval, authority or exemption from, by or with any
governmental agency;
(b)
in relation to any act, matter or thing which would be legally
prohibited or restricted in whole or in part if any
governmental agency intervenes or acts in any manner
within a specified period after its lodgement, filing,
registration or notification, the expiry of that period without
intervention or action;
(c)
in relation to any present or future agreement or document
created or action performed by any person, means any
governmental consent within any previous meaning
necessary or desirable for the execution, performance,
validity, enforceability, priority effectiveness or transfer of
any asset of or under that agreement, document or action;
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(d)
in relation to any business activity at any time, any
governmental consent within any previous meaning
necessary or desirable for the performance of that business
activity at that time; and
(e)
in relation to any present or future agreement, document,
consent or asset created or held by any person at any time,
means any governmental consent within any previous
meaning necessary or desirable to prevent default,
invalidation or a prejudicial effect under or in relation to that
agreement, document, consent or asset at that time.
“insolvency event” in relation to any person means:
(a)
(attachment): the fact of any attachment against any
asset of the person;
(b)
(security enforcement): the enforceability of any security
interest over any asset of the person securing payment for
any amount subsequent to the occurrence of any default
event under that security interest;
(c)
(receivership): the appointment of any receiver over, or
possession taken by any secured party of, any asset of the
person;
(d)
(insolvency): cessation of payment generally by the
person or the inability of the person, or the other party to
this deed (“other party”) reasonably deciding that the
person is unable, to pay all its debts as and when they
become due and payable;
(e)
(administration): the appointment of any administrator of
the person;
(f)
(liquidation): any legal action, not being in the decision of
the other party a disputed action, being commenced,
judicial order made or resolution passed for the liquidation
of the person; or
(g)
(debt arrangement): the creation by the person of any
debt arrangement with its creditors generally or any class of
creditors.
“law” includes present and future:
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(a)
written and unwritten laws of the Commonwealth, Western
Australia and of any other State, Territory or foreign country
having jurisdiction over the subject matter of this deed; and
(b)
judgments, determinations, decisions, rulings, directions,
notices, regulations, by-laws, statutory instruments, Codes
of Practice, Australian Standards or orders given or made
under any of those laws or by any governmental agency or
authority.
“loan swing service” means a service whereby a SSP permits a
user to ‘borrow’ (or notionally withdraw) gas from a pipeline at a
gate point, on the terms of a swing service contract. To avoid
doubt, the provision of a loan swing service by a SSP involves the
supply of a gas capacity service and it does not involve the
physical supply of gas.
“market share” has the meaning given to it in the rules.
“market tasks” means the tasks performed by REMCo under the
rules, referred to in clause 6.2.
“MCP(ANUSA)” has the meaning given to it in the rules.
“MCP(TSS(BS))” has the meaning given to it in the rules.
“park swing service” means a service whereby a SSP permits a
user to ‘park’ (or notionally store) gas in a pipeline at a gate point,
on the terms of a swing service contract. To avoid doubt, the
provision of a park swing service by a SSP involves the supply of
a gas capacity service and it does not involve the physical supply
of gas.
“participating user” in relation to a:
(a)
a sub-network, means that the user is a user for the subnetwork as set out in rule 3(2)(i); and
(b)
a gate point, means that the user is a user for the subnetwork, as set out in rule 3(2)(i), for the sub-network for
the gate point as set out in rule 3(2)(h)(iii).
“parties” means the SSP and the users, and “party” means any
of them.
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“prescribed interest rate” means five annual percentage points
above the Reserve Bank of Australia cash rate applying from time
to time.
“related body corporate” has the meaning given to it in the
rules.
“REMCo” has the meaning given to it in the rules.
“repay” in relation to swing service means:
(a)
for loan swing service — to cause the gas which was
notionally borrowed from a pipeline under the loan swing
service to be repaid; and
(b)
for park swing service — to cause the gas which was
notionally stored in the pipeline under the park swing
service to be retrieved.
To avoid doubt, the repayment of swing service by a user does not
involve the physical supply of gas.
“rules” means (in accordance with clause 3.3) the REMCo Market
Rules as in force from time to time, and a reference to “rule”
followed by a number is a reference to the rule so numbered in
the rules as at the date of this deed (as the rule is amended,
substituted and renumbered from time to time).
“service period” means the period beginning on the gas day (gas
day D) specified in the contract note under rule 296(h)
(“specified day”) and ending at the end of the second gas day
after the specified day (gas day D+2).
“SSP” means the person named above at item 1 under the
heading “Parties”.
“swing service” means park swing service or loan swing service.
“swing service contract” means the contract which arises under
clause 7 from the giving of a contract note.
“user” means a person who is registered as a user under the
rules.
“users” means, subject to clause 2.2(b), all the users collectively
as a party to this deed.
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1.2
Interpretational Rules
Rules of interpretation apply to this deed as specified in this
provision, unless the context otherwise requires:
(a)
(headings): headings and subheadings are for convenience
only and do not affect interpretation;
(b)
(persons): a reference to “person” includes a public body,
company, or association or body of persons, corporate or
unincorporated;
(c)
(plurality): words denoting the singular number include the
plural, and vice versa;
(d)
(laws): a reference to a law includes any amendment or reenactment of it that is for the time being in force, and
includes all laws made under it from time to time;
(e)
(gender): words denoting any gender include all genders;
(f)
(variations): any grammatical or linguistic variation of a
defined word or expression has a corresponding meaning;
(g)
(parties): any reference to a party to any agreement or
document includes its successors and permitted assigns;
(h)
(amendments): any reference to any agreement or
document includes that agreement or document as
amended at any time;
(i)
(references): any reference to a clause, schedule,
annexure, exhibit or attachment is a reference to a clause
of, or schedule, annexure, exhibit or attachment to, this
deed;
(j)
(specifics): any specific reference to or listing of items
following the word “including” does not exclude application
to other items, whether or not in the same class, category
or genus as any specified or listed items;
(k)
(time): the expression “at any time” includes reference to
past, present and future time and the performance of any
action from time to time and any liability at all times during
any specified period;
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(l)
(under): the word “under” includes “by”, “by virtue of”,
“pursuant to” and “in accordance with”;
(m)
(consents): the expression “prior consent”, in relation to
any provision which prohibits or restricts any action by any
party except with the prior consent of any other party,
means the prior written consent of that other party, and
includes reference to the fact that any consent may in the
absolute and uncontrolled decision of that other party be
refused or given subject to the performance of any condition
or other provision; and
(n)
(italics): 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 clause 1.1 or elsewhere,
and in interpreting this deed, the fact that italic typeface has
or has not been applied to a word or expression is to be
disregarded.
2.
APPLICATION
2.1
There is no clause 2.1.
2.2
There is no clause 2.2
2.3
This deed covers all sub-networks
2.4
(a)
This deed applies in respect of each bid stack operated by
REMCo under the rules.
(b)
In relation to any circumstance or liability associated with a
bid stack, gate point or sub-network, a reference to the
“users” is a reference to those of the users who are
participating users in the sub-network.
Users to provide schedule
From time to time, and at any time upon reasonable request by
the SSP, the users must give the SSP a schedule identifying:
(a)
each sub-network at which REMCo operates a bid stack, and
(b)
for each sub-network, the participating users.
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3.
THE RULES, THIS DEED AND A SWING SERVICE CONTRACT
3.1
Rules govern process
The rules establish the terms on which:
(a)
the SSP may bid into the bid stack; and
(b)
REMCo will assess the validity of bids, administer the bid
stack and undertake swing service calculations and
allocations; and
(c)
REMCo will issue a contract note,
and to the extent necessary to achieve this result the relevant
rules have effect as terms of this deed.
3.2
References to this deed include a swing service contract
Unless the contrary intention is expressly stated, a reference in
this deed to a right or obligation under this deed (or like
expressions) includes a right or obligation under a swing service
contract.
3.3
Changes to the rules
(a)
(b)
3.4
For the purposes of this deed the rules which apply are the
rules as amended from time to time (including after the date
of this deed) under:
(i)
the rules (as amended from time to time); and
(ii)
the REMCo Constitution (as amended from time to
time); and
(iii)
applicable laws.
Whenever the rules are amended in a manner which
materially impacts upon the SSP’s rights or obligations
under this deed, the users must provide the SSP with a copy
of the amended rules, but a failure to comply with this
clause 3.3(b) does not affect the operation of clause 3.3(a).
Changes to this deed
(a)
REMCo may by notice to the SSP unilaterally vary the terms
of this deed in accordance with the terms of any amendment
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to Appendix 7 where REMCo has complied with rule 16(5) in
respect of that amendment. Such variation will have effect
from the date notified to the SSP by REMCo.
4.
(b)
A variation under this clause 3.4 may only amend this deed
in such a way that its terms after amendment are the then
current form of SSPUD appended to the rules.
(c)
A variation under this clause 3.4 may only operate
prospectively. It does not affect rights and obligations
already accrued under this deed or any swing service
contract.
DURATION
(a)
This deed starts when signed by the last party to sign it, and
continues indefinitely unless terminated under clauses 4(b),
4(c) or 5.3 or otherwise by operation of law.
(b)
The SSP may terminate this deed by giving 1 month’s notice
to the users.
(c)
The users may terminate this deed by giving 1 month’s
notice to the SSP.
5.
THE USERS
5.1
Several liability
(a)
Subject to clause 5.1(b), the rights, liabilities, indemnities
and obligations of the users under this deed are several (and
not joint or joint and several) in proportion to each user’s
market share in a given sub-network.
(b)
In respect of a loss, liability, claim, damages, cost or
expense arising out of or in connection with one or more
users’ breach of, or negligence under, this deed (“claim”),
the liability of a user under this deed is several (and not
joint or joint and several) in proportion to the extent that a
user’s breach of, or negligence under, this deed caused or
contributed to the claim.
(c)
Nothing in this deed makes a user an agent, joint venturer,
employee or partner of another user.
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5.2
5.3
Decisions to be unanimous
(a)
Subject to clause 5.2(b), any decision by the users under
this deed must be unanimous.
(b)
A user, who is a related body corporate of the SSP, is not
required to consent to the termination of this deed under
clause 12.1 for the users’ decision to terminate to be valid.
(c)
Unless it has actual knowledge or notice to the contrary, the
SSP may assume without further enquiry that a notice from
REMCo under clause 6.4(a)(ii) purporting to be given on
behalf of the users’ represents the users’ unanimous
decision.
Admission of new entrants
(a)
Upon (or prior to) a person (“new entrant”) becoming
registered with REMCo as a user, REMCo will give the SSP
an admission note which:
(i)
identifies the new entrant; and
(ii)
informs the SSP that the new entrant is (or is to be)
one of the users; and
(iii)
identifies the sub-networks in which the new entrant
is (or is to be) a participating user.
(b)
An admission note is an offer from the users (being each
user who was initially a party to this deed and each user
subsequently joining this deed under this clause 5.3,
including the new entrant) to the SSP to amend this deed to
add the new entrant as one of the users.
(c)
If REMCo gives the SSP an admission note, then:
(i)
if at any time thereafter the SSP lodges a bid with
REMCo, the SSP is deemed by this clause 5.3(c)(i) to
have agreed irrevocably to the offer referred to in
clause 5.3(b) and this deed is amended to add the
new entrant as one of the users; or
(ii)
unless the SSP gives written notice to REMCo
terminating this deed before 5pm on the 5th business
day after the notice is given (“deadline”), then the
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SSP is deemed by this clause 5.3(c)(ii) to have
agreed irrevocably to the offer referred to in clause
5.3(b) and this deed is amended from the deadline
to add the new entrant as one of the users.
(d)
5.4
The SSP may not give a notice under clause 5.3(c)(ii)
terminating this deed if it has already accepted the offer
under clause 5.3(c)(i).
Exit provisions
(a)
A user ceases to be a party to this deed at the time that it
is no longer a user for any sub-network, as set out in rule
3(2).
(b)
Nothing in this clause 5.4 affects and rights or obligations
accrued prior to the user ceasing to be a party.
(c)
REMCo will as soon as practicable notify the SSP of a user’s
ceasing to be a party to this deed under this clause 5.4.
6.
REMCo
6.1
SSP must deal only with REMCo
6.2
(a)
Unless this deed or the users specify otherwise, whenever
the SSP is permitted or required to give a notice or other
communication under this deed to the users, it must do so
by giving it to REMCo on the users’ behalf, and not directly
to the users.
(b)
Clause 6.1(a) does not apply if due to the insolvency of
REMCo or other extraordinary circumstance it would prevent
the SSP from communicating effectively with the users.
(c)
To avoid doubt a tax invoice under clause 8 is to be given
to the user named in the tax invoice, and not to REMCo the
users.
Market tasks
(a)
REMCo will perform all tasks (“market tasks”) specified for
it under the rules in calculating and allocating swing service
and issuing a contract note, including:
(i)
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(b)
6.3
(ii)
administering the bid stack;
(iii)
calculating marginal clearing prices and swing
service costs; and
(iv)
allocating swing service between users and swing
service providers.
Having performed the market tasks for a gas day, REMCo
will in accordance with the rules give the SSP and a user a
contract note.
REMCo acts as independent expert in issuing contract
note
REMCo performs the market tasks and issues a contract note as
an independent expert, and not as agent for the SSP, the users or
a user.
6.4
Limited agency
(a)
(b)
6.5
For the purposes of and subject to this deed, REMCo is the
users’ agent in respect of the following matters:
(i)
a notice given by the SSP to REMCo under this deed
is to be taken as having been given to the users; and
(ii)
a notice (other than a contract note) given by REMCo
to the SSP under this deed is to be taken as having
been given by the users.
Clause 6.4(a)(i) does not apply in respect of notices to be
given by the SSP to an individual user (rather than to users
collectively), for example tax invoices under clause 8 and
related correspondence.
Limitations on REMCo’s agency
Nothing in this deed, including the giving of a contract note or an
admission note, makes REMCo an agent of the SSP, the users or
a user in respect of:
(a)
the giving of a contract note;
(b)
the provision of swing service;
(c)
the payment of a contracted charge; or
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(d)
6.6
REMCo’s Liability
(a)
Other than in respect of REMCo’s wilful misconduct or fraud,
REMCo is not liable to the parties or any of them for anything
done or not done under this deed or a swing service
contract, whether negligently or otherwise.
(b)
Without limiting clause 6.6(a), in no circumstances
(including REMCo’s negligence) is REMCo to be liable:
(c)
6.7
any other obligation or liability under a swing service
contract.
(i)
to provide swing service; or
(ii)
to pay a contracted charge; or
(iii)
in respect of the failure to do either or both of those
things.
The parties release and indemnify REMCo from and against
any claims for breach of contract, negligence or other
misconduct (other than wilful misconduct and fraud) in
connection with anything done or not done by REMCo in the
course of discharging, or not discharging, its obligations
under this deed.
No partnership etc.
Nothing in this deed, an admission note or a contract note makes
REMCo an employee, joint venturer or partner of the SSP, the
users or a user.
6.8
No remuneration
REMCo is not entitled under this deed to any remuneration or
reimbursement of costs for performing its obligations under this
deed.
6.9
Confidentiality
Part 8.2 of the rules applies as a term of this deed.
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7.
THE SWING SERVICE CONTRACT
7.1
Contract note creates contract
A contract note creates a legally binding contract (“swing
service contract”) on the terms set out in this deed between the
SSP and the contracted user under which:
7.2
(a)
(SSP must provide) the SSP must provide the contracted
service for the service period for the contracted charge; and
(b)
(User must accept and pay) the contracted user must
accept the contracted service for the service period, and
must pay the SSP the contracted charge.
Contract note is conclusive proof
Unless REMCo issues a revised contract note, the contents of a
contract note are conclusive evidence of the terms of the swing
service contract.
8.
INVOICING AND PAYMENT
8.1
Invoicing frequency
The SSP may issue an invoice in the form of a tax invoice to a
user:
8.2
(a)
whenever the total amount payable by the user to the SSP
for contracted services exceeds $10,000; and
(b)
otherwise, on the 14th and last day of each month.
SSP to invoice user
The SSP’s tax invoice must show, for the period since the last tax
invoice under this deed (“billing period”):
(a)
for each contracted service supplied during the billing
period:
(i)
the date the contracted service was provided;
(ii)
the contracted gate point;
(iii)
the amount of contracted service;
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(iv)
whether the contracted service is park swing service
or loan swing service; and
(v)
the contracted charge;
and
(b)
8.3
any other amounts payable by or refundable to the user
under this deed and any interest payable thereon under
clause 8.4.
Payment
A user must, within 10 business days after receipt of a tax invoice
issued under clause 8.1, pay to the SSP the net amount shown on
the tax invoice as payable, by cleared funds, regardless of whether
the tax invoice is disputed under clause 8.5.
8.4
8.5
Default in payment
(a)
Subject to clause 8.5, if a contracted user fails by the
relevant due date to make full payment of the net amount
shown on a tax invoice then, without prejudice to the SSP’s
other rights, the contracted user must pay interest on the
unpaid amount, calculated daily at the prescribed interest
rate from the due date until payment.
(b)
This clause does not limit rule 296A.
Disputed invoices
If a user disputes any amount or amounts set out in a tax invoice,
then the user must, within 15 business days after the date of the
tax invoice, give notice in writing to the SSP that it disputes the
amount or amounts and full details of the dispute.
9.
GST
(a)
In this clause 9:
(i)
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words and expressions which are not defined in this
deed but which have a defined meaning in the GST
Law have the same meaning as in the GST Law; and
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(ii)
“GST Law” has the meaning given to that
expression in the A New Tax System (Goods and
Services Tax) Act 1999 (Cth).
(b)
Unless otherwise expressly stated, all prices or other sums
payable or consideration to be provided under a swing
service contract under this deed are exclusive of GST.
(c)
The supply of a contracted service by an SSP to a contracted
user is a taxable supply.
(d)
If GST is payable by:
(i)
a supplier; or
(ii)
by the representative member for a GST group
of which the supplier is a member,
on any supply made under a swing service contract under this
deed, the recipient of the supply must pay to the supplier an
amount equal to the GST payable on the supply.
(e)
The recipient must pay the amount referred to in clause
9(d):
(i)
in addition to the consideration for the supply;
and
(ii)
at the same time that the consideration for the
supply must be provided under the swing
service contract under this deed.
(f)
The supplier must provide a tax invoice or an adjustment
note to the recipient before the supplier is entitled to
payment of the amount under clause 9(d).
(g)
The recipient may withhold payment of the amount under
clause 9(d) until the supplier provides a tax invoice or an
adjustment note, as appropriate.
(h)
If an adjustment event arises in respect of a taxable supply
made by a supplier under a swing service contract under
this deed, the amount payable by the recipient under clause
9(d) must be recalculated to reflect the adjustment event
and the recipient must make a payment to the supplier or
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the supplier must make a payment to the recipient, as the
case requires.
(i)
10.
Where a swing service contract under this deed requires a
person to pay or reimburse an expense or outgoing of
another person, the amount to be paid or reimbursed by the
first person will be the sum of:
(i)
the amount of the expense or outgoing less
any input tax credits in respect of the expense
or outgoing to which the other person, or to
which the representative member for a GST
group of which the other person is a member,
is entitled; and
(ii)
if the payment or reimbursement is subject to
GST, an amount equal to that GST.
FORCE MAJEURE
(a)
(Liability exclusion): Neither party is liable to the other
party for any loss incurred by that other party as a direct
result of either party failing or being prevented, hindered or
delayed in the performance of its liability under this deed by
reason of a force majeure event.
(b)
(Notification): The party affected by a force majeure event
must as soon as practicable notify the other party in writing
of:
(i)
any anticipated delay due to that force majeure
event;
(ii)
details of the force majeure event;
(iii)
the expected duration of the force majeure
event; and
(iv)
details of the steps being taken to overcome
the force majeure event,
and use all reasonable endeavours to perform its liability
under this deed.
(c)
(Inability to pay excluded): The inability to pay money,
however caused, does not constitute a force majeure event.
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(d)
11.
(SSP takes pipeline risk): The SSP may not claim a force
majeure event in respect of any failure to perform its
obligations under this deed which is caused by:
(i)
any provision of an agreement between the
SSP and a pipeline operator; and
(ii)
any default, act or omission of any pipeline
operator.
REPRESENTATIONS
11.1 Representations
Each party represents to the other party that as at the date of
this deed:
(a)
(corporate status): if the party is a corporation, that party
is a corporation duly incorporated and validly existing under
the law of the country or jurisdiction of its incorporation or
registration;
(b)
(corporate powers): if the party is a corporation, that
party has the corporate power to own its assets and perform
its obligations under this deed and any business activity as
contemplated at any time by this deed;
(c)
(legal compliance): the execution or performance of this
deed and a swing service contract by that party does not
contravene any provision of:
(i)
the constitution documents of that party;
(ii)
any agreement created by that party;
(iii)
any law; or
(iv)
any governmental consent relating to that
party or its assets;
(d)
(corporate compliance): that party has full power, and
has procured all necessary corporate consents, for the
execution by that party of this deed; and
(e)
there is no pending or threatened action or proceeding
affecting the SSP or any of its related bodies corporate or
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any of their respective assets before a court, referee,
governmental agency, commission, arbitrator or other
tribunal which will, or might reasonably be expected to,
materially affect its ability to perform its obligations under
this deed or under a swing service contract under this deed.
11.2 SSP warrants that it has pipeline entitlements
The SSP represents and warrants to the users and each user that:
(a)
the SSP has sufficient contractual entitlements with the
pipeline operator of the relevant pipeline to enable the SSP
to perform each swing service contract and provide each
contracted service; and
(b)
for each contracted service — the pipeline operator of the
relevant pipeline will in 2 days’ time be able to accommodate
the repayment of the swing service as contemplated by
clause 11.2(c); and
(c)
for each contracted service — the SSP will repay in 2 days’
time the user’s swing service repayment quantity which
corresponds to the contracted service.
11.3 Application
(a)
(Separate effect): Each representation in clauses 11.1 and
11.2 is a separate representation, without its scope or
meaning being limited or governed by any other such
representation.
(b)
(Repetition): The representations and warranties in
clauses 11.1 and 11.2 are made on and from the date this
deed starts, and are by force of this clause to be taken to
be made anew on each day thereafter for the duration of
this deed.
11.4 If breach of SSP’s warranty causes additional swing
service
If REMCo determines under rule 300A that the SSP must make a
swing service causation compensation payment to a user that is a
party to this deed, the SSP must, in accordance with rule 300A,
make the swing service causation compensation payment to the
user.
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12.
TERMINATION
12.1 SSP Default Termination
The users may immediately terminate this deed by written notice
to the SSP, effective immediately or upon the date specified in
the notice, upon the occurrence of:
(a)
(default): any material default under this deed, except for
a rectifiable default which is rectified within 30 days
following written notice from the users requiring
rectification; or
(b)
(insolvency): the occurrence of an insolvency event.
12.2 SSP suspension
(a)
If the users give a notice requiring rectification, under clause
12.1(a) they may by written notice to the SSP suspend the
SSP under this clause 12.2.
(b)
The users must as soon as practicable after being satisfied
(acing reasonably) that the SSP has rectified all breaches
specified in any current notices requiring rectification under
clause 12.1(a), by written notice to the SSP, cancel the
suspension.
(c)
While the SSP is suspended, it:
(i)
must not bid into a bid stack; and
(ii)
must continue to comply with its obligations under
this deed and a swing service contract; and
(iii)
is still entitled to receive payment under rule 8.3.
12.3 Termination Effect
Termination of this deed releases any party from any further
performance of any liability under this deed but does not:
(a)
(continuing liability): affect any provision of this deed
expressed to operate or have effect subsequent to
termination; or
(b)
(accrued rights): have any prejudicial effect on any
accrued right of any party accruing prior to termination.
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13.
LIABILITY
(1)
Rules 376 to 377 apply as terms of this deed and a swing service
contract with appropriate modifications, including by replacing
each reference to “these rules” with, as appropriate:
(2)
14.
(a)
a reference to “this deed or a swing service contract”; or
(b)
a reference to “this swing service contract”.
Rule 377A applies as a term of this deed and a swing service
contract with appropriate modifications, including by replacing
each reference to “these rules” with, as appropriate:
(a)
a reference to “the rules, this deed or a swing service
contract”; or
(b)
a reference to “the rules or this swing service contract”.
DISPUTE RESOLUTION
14.1 Disputes
This provision applies to any dispute or difference (“dispute”)
arising between the parties in relation to:
(a)
(interpretation): this deed or its interpretation;
(b)
(rights): any right or liability of any party under this deed
or a swing service contract; or
(c)
(action): the performance of any action by any party under
or arising out of this deed or a swing service contract,
whether prior or subsequent to its termination.
14.2 Dispute Negotiation
(a)
(Restriction): Except in the case of a party seeking urgent
interlocutory relief, a party must not refer a dispute to
litigation or arbitration under this deed, unless that party
has complied with this provision.
(b)
(Dispute notification): A party claiming that a dispute has
arisen must notify the other party specifying details of the
dispute.
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(c)
(Negotiation): Each party must refer a dispute to a senior
officer for consideration and use its best efforts to resolve
the dispute through negotiation within 5 business days
following the dispute notification or longer period if agreed
between the parties.
(d)
(Referral): Each party must refer the dispute to its chief
executive officer, in the event that the senior officers of the
parties fail to resolve the dispute within the specified period.
(e)
(Mediation): Each party must, following reference to its
chief executive officer, use its best efforts to resolve the
dispute by agreement or through an agreed mediation
procedure.
(f)
(Process termination): A party, in compliance with this
provision, may terminate the dispute resolution process by
notice to the other party at any time after 5 business days
following reference of the dispute to its chief executive
officer.
(g)
(Restriction release): A party is not required to comply
with this provision in relation to any dispute where the other
party is in default under this provision in relation to that
dispute.
14.3 Continued Performance
The parties must continue to perform this deed and any swing
service contracts (including any swing service contract arising
from a contract note given after notification of the dispute),
despite and during any dispute negotiation or resolution being
conducted under this provision.
15.
COSTS
Each party must pay its own costs in relation to:
(a)
(documentation): the negotiation, preparation, execution,
performance, amendment or registration of, or any consent
given or made; and
(b)
(performance): the performance of any action by that
party in compliance with any liability arising,
under this deed or a swing service contract, or any agreement or
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document executed or effected under this deed, unless this deed
provides otherwise.
16.
DUTIES
The users must promptly within the initial applicable period
prescribed by law pay any levy, deduction, charge, tax, impost or
other duty payable in relation to the execution, performance and
registration of this deed, or any agreement or document executed
or effected under this deed.
17.
ASSIGNMENT
17.1 SSP Assignment
The SSP must not at any time during the continuance of this deed
in relation to the supply of the contracted service, without
the prior consent of the user:
18.
(a)
(rights): transfer, or create any security interest affecting
or relating to, all or any part of this deed or a swing service
contract, or any right of the SSP under this deed or a swing
service contract;
(b)
(subcontracts): create any subcontract relating to the
performance of all or any of the SSP’s obligations under this
deed or a swing service contract; or
(c)
(liabilities): novate or transfer this deed or a swing service
contract, or any liability of the SSP under this deed or a
swing service contract.
NOTICES
A notice given by a person under this deed or a swing service
contract is validly given if it is given in accordance with the notice
provisions of the rules.
19.
GOVERNING LAW AND JURISDICTION
(a)
This deed is governed by, and construed in, each State by
the laws of the State.
(b)
Any legal action in relation to this deed against any party or
its property may be brought in a State in any court of
competent jurisdiction in the State.
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(c)
20.
Each party irrevocably, generally and unconditionally
submits to the non-exclusive jurisdiction of any court
specified in this clause 19 in relation to both itself and its
property.
GENERAL PROVISIONS
20.1 Contractual Relationship
(a)
(Independent contractor): The SSP acts in the capacity
of an independent contractor, as between the SSP and a
user (or the users), in the performance of any swing service
contract or any liability under this deed.
(b)
(Exclusions): This deed does not create, and must not be
construed to create, any express or implied relationship
between a user (or the users) and the SSP of:
(i)
employment,
(ii)
principal and agency;
(iii)
partnership; or
(iv)
joint venture.
20.2 Amendments
Any amendment to this deed has no effect unless in writing and
executed by the parties.
20.3 Third Parties
This deed confers rights only upon a person expressed to be a
party, and not upon any other person.
20.4 Pre-Contractual Negotiation
This deed:
(a)
(entire agreement): expresses and incorporates the entire
agreement between the parties in relation to its subjectmatter, and all the terms of that agreement; and
(b)
(collateral agreement): supersedes and excludes any
prior
or
collateral
negotiation,
understanding,
communication or agreement by or between the parties in
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relation to that subject-matter or any term of that
agreement.
20.5 Further Assurance
Each party must execute any document and perform any action
necessary to give full effect to this deed, whether prior or
subsequent to performance of this deed.
20.6 Continuing Performance
(a)
(Merger exclusion): The provisions of this deed do not
merge with any action performed or document executed by
any party for the purposes of performance of this deed.
(b)
(Representation): Any representation in this deed
survives the execution of any document for the purposes of,
and continues subsequent to, performance of this deed.
(c)
(Indemnity): Any indemnity agreed by any party under
this deed:
(i)
constitutes a liability of that party separate and
independent from any other liability of that party
under this deed or any other agreement; and
(ii)
survives and continues subsequent to performance
of this deed.
20.7 Waivers
Any failure by any party to exercise any right under this deed
does not operate as a waiver and the single or partial exercise
of any right by that party does not preclude any other or further
exercise of that or any other right by that party.
20.8 Remedies
The rights of a party under this deed are cumulative and not
exclusive of any rights provided by law.
20.9 Severability
Any provision of this deed which is invalid in any jurisdiction is
invalid in that jurisdiction to that extent, without invalidating or
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affecting the remaining provisions of this deed or the validity of
that provision in any other jurisdiction.
20.10 Counterparts
This deed may be executed in any number of counterparts, all
of which taken together are deemed to constitute one and the
same document.
EXECUTED as a deed
[Execution clauses]
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Appendix 8 – Terms and conditions for swing service
provider of last resort
- Insert new clauses into SSPUD
Insert the following three new clauses:
“
21. SSP IS SSPOLR FOR DESIGNATED GATE POINTS
(a)
The SSP is the SSPOLR (as defined in the rules) for the gate
points (“designated gate points”) set out in the Appendix
to this deed.
(b)
[Here set out provisions dealing with agreed limits on the
service, eg. only certain days or only park service – as
agreed with the SSPOLR.]
22. STANDING SSPOLR BID
(a)
The SSP in its capacity as SSPOLR agrees that under rule
285(2):
(b)
the REMCo bid stack for each designated gate point is
deemed to include a standing SSPLOR bid [for park swing
service / loan swing service / both – insert as agreed
with the SSPOLR].
(c)
the standing SSPOLR bid is for an unlimited amount of swing
service, at the SSPOLR price of [insert price] (but subject
to rules 287(3) and 288(3)).
23. SSPOLR may be SSP
Nothing in this deed prevents the SSPOLR from also
entering into a SSPUD with the users as an SSP.
- Amend clauses of SSPUD
(1)
Pipeline capacity constraints – different force majeure clause
Clause 10(d) of the SSPUD is deleted and replaced by the
following:
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“ (d) (SSPOLR
takes
pipeline
risk
in
normal
circumstances):
The SSPOLR may not claim force
majeure in respect of any failure to perform its obligations
under this deed which is caused by:
(i)
any provision of an agreement between the SSPOLR
and a pipeline operator; and
(ii) any default of any pipeline operator,
unless the failure is caused by circumstances which could
not be foreseen or overcome by the SSPOLR acting as a
reasonable and prudent person.”
(2)
Pipeline capacity constraints – different warranty
Clause 11.2 of the SSPUD is deleted and replaced by the following:
“11.2 SSP warrants that it has pipeline capacity
The SSPOLR represents and warrants to each user that the
SSPOLR has sufficient contractual entitlements with the
necessary pipeline operator to enable the SSPOLR in normal
operating circumstances to fulfil all obligations of a SSPOLR
which would be foreseen by a reasonable and prudent
person. ”
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Appendix 9 – Fallback User-Shipper Agreement
PARTIES
1.
The shipper which gave the listing request referred to in recital B;
and
2.
The user named in the listing request referred to in recital B.
BACKGROUND
A.
The user (the “user”) is a participant in the gas retail market
governed by the REMCo Market Rules and is a user in the subnetwork.
B.
The shipper (the “shipper”) gave REMCo a listing request (the
“listing request”) under rule 173(2)(a) in respect of the user and
a sub-network (the “sub-network”), which under rule 193A(1)(a)
was an offer from the shipper to the user to enter into this
agreement.
C.
The user subsequently gave REMCo an allocation instruction under
Part 5.3 of the rules in respect of the sub-network which listed the
shipper, which under rule 193A(1)(b) was an acceptance by the
user of the offer referred to in recital B, and the parties became
parties to this agreement.
D.
Under rule 192(2), REMCo may give a notice (“rule 192(2)
notice”) apportioning to the shipper some or all of the user’s gas
injections (the amount apportioned being the “apportioned
injections”) for the sub-network for the gas day (the “contracted
day”) specified in the rule 192(2) notice.
E.
If REMCo gives a rule 192(2) notice, the shipper will be deemed to
have supplied the apportioned injections (the “contracted
supply”) to the user at the gate point (the “gate point”) which
interconnects the pipeline in which the shipper is a shipper with the
sub-network.
F.
Under this agreement, a rule 192(2) notice creates a contract (the
“deemed contract”) between the shipper and the user in
accordance with this agreement.
G.
The deemed contract governs the user’s obligations to reimburse
the shipper for all costs incurred by the shipper as a result of the
contracted supply (“contracted charges”).
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H.
Neither this agreement nor a deemed contract is intended to
supplant or supplement any other contractual relationship between
the user and the shipper. They are intended solely as a fall-back
arrangement to ensure that the shipper can recover its costs of the
contracted supply if it has no other contractual relationship with the
user.
THE PARTIES AGREE:
1.
INTERPRETATION
1.1
Definitions
(a)
(b)
Unless the context otherwise requires, in this agreement
and a deemed contract:
(i)
the definitions and rules of interpretation set out in
the rules apply; and
(ii)
the definitions embedded in the recitals and
elsewhere in this agreement apply.
Unless the context otherwise requires, in this agreement
and a deemed contract the following definitions also apply:
“force majeure event” in relation to any person, means any fact
beyond the reasonable control of that person which prevents,
hinders or delays that person from or in the performance of any
liability of that person under any agreement, but excluding any
fact resulting from any action, or omission or default of that
person, or any agent of that person.
“gas day” has the meaning given to it in the rules.
“gate point” has the meaning given to it in the rules.
“governmental agency” means:
(a)
the Crown, any government, any governmental ministry or
department; or
(b)
any Crown, governmental, semi-governmental, statutory,
parliamentary, administrative, fiscal, public, federal, state,
national, municipal, local, judicial or regulatory:
(i)
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(ii)
agency;
(iii)
instrumentality;
(iv)
utility;
(v)
authority;
(vi)
court;
(vii) commission;
(viii) body; or
(ix)
tribunal.
“governmental consent” means:
(a)
any consent, authorisation, registration, filing, lodgement,
agreement, notarisation, certificate, permission, licence,
approval, authority or exemption from, by or with any
governmental agency;
(b)
in relation to any act, matter or thing which would be legally
prohibited or restricted in whole or in part if any
governmental agency intervenes or acts in any manner
within a specified period after its lodgement, filing,
registration or notification, the expiry of that period without
intervention or action;
(c)
in relation to any present or future agreement or document
created or action performed by any person, means any
governmental consent within any previous meaning
necessary or desirable for the execution, performance,
validity, enforceability, priority, effectiveness or transfer of
any asset of or under that agreement, document or action;
(d)
in relation to any business activity at any time, any
governmental consent within any previous meaning
necessary or desirable for the performance of that business
activity at that time; and
(e)
in relation to any present or future agreement, document,
consent or asset created or held by any person at any time,
means any governmental consent within any previous
meaning necessary or desirable to prevent default,
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invalidation or a prejudicial effect under or in relation to that
agreement, document, consent or asset at that time.
“insolvency event” in relation to any person means:
(a)
(attachment): the fact of any attachment against any
asset of the person;
(b)
(security enforcement): the enforceability of any security
interest over any asset of the person securing payment for
any amount subsequent to the occurrence of any default
event under that security interest;
(c)
(receivership): the appointment of any receiver over, or
possession taken by any secured party of, any asset of the
person;
(d)
(insolvency): cessation of payment generally by the person
or the inability of the person, or the other party to this
agreement (“other party”) reasonably deciding that the
person is unable, to pay all its debts as and when they
become due and payable;
(e)
(administration): the appointment of any administrator of
the person;
(f)
(liquidation): any legal action, not being in the decision of
the other party a disputed action, being commenced,
judicial order made or resolution passed for the liquidation
of the person; or
(g)
(debt arrangement): the creation by the person of any
debt arrangement with its creditors generally or any class of
creditors.
“law” includes present and future:
(a)
written and unwritten laws of the Commonwealth, Western
Australia and of any other State, Territory or foreign country
having jurisdiction over the subject matter of this
agreement; and
(b)
judgments, determinations, decisions, rulings, directions,
notices, regulations, by-laws, statutory instruments, Codes
of Practice, Australian Standards or orders given or made
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under any of those laws or by any governmental agency or
authority.
“parties” means the shipper and the user, and “party” means
any of them.
“prescribed interest rate” means five annual percentage points
above the Reserve Bank of Australia cash rate applying from time
to time.
“REMCo” has the meaning given to it in the rules.
“rules” means the REMCo Market Rules as in force on the
contracted day, and a reference to “rule” followed by a number
is a reference to the rule so numbered in the rules as at the
contracted day (as the rule is amended, substituted and
renumbered from time to time).
1.2
Interpretational Rules
(a)
Rules of interpretation apply to this agreement as specified
in this provision, unless the context otherwise requires:
(b)
(headings): headings and subheadings are for convenience
only and do not affect interpretation;
(c)
(persons): a reference to “person” includes a public body,
company, or association or body of persons, corporate or
unincorporated;
(d)
(plurality): words denoting the singular number include the
plural, and vice versa;
(e)
(laws): a reference to a law includes any amendment or reenactment of it that is for the time being in force, and
includes all laws made under it from time to time;
(f)
(gender): words denoting any gender include all genders;
(g)
(variations): any grammatical or linguistic variation of a
defined word or expression has a corresponding meaning;
(h)
(parties): any reference to a party to any agreement or
document includes its successors and permitted assigns;
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2.
(i)
(amendments): any reference to any agreement or
document includes that agreement or document as
amended at any time;
(j)
(references): any reference to a clause, schedule,
annexure, exhibit or attachment is a reference to a clause
of, or schedule, annexure, exhibit or attachment to, this
agreement;
(k)
(specifics): any specific reference to or listing of items
following the word “including” does not exclude application
to other items, whether or not in the same class, category
or genus as any specified or listed items;
(l)
(time): the expression “at any time” includes reference to
past, present and future time and the performance of any
action from time to time and any liability at all times during
any specified period;
(m)
(under): the word “under” includes “by”, “by virtue of”,
“pursuant to” and “in accordance with”;
(n)
(consents): the expression “prior consent”, in relation to
any provision which prohibits or restricts any action by any
party except with the prior consent of any other party,
means the prior written consent of that other party, and
includes reference to the fact that any consent may in the
absolute and uncontrolled decision of that other party be
refused or given subject to the performance of any condition
or other provision; and
(o)
(italics): 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 clause 1.1 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.
THIS AGREEMENT APPLIES IN RESPECT OF ONE SUBNETWORK
(a)
This agreement applies only in respect of the sub-network
referred to in recital B.
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3.
THIS AGREEMENT SUBORDINATE TO OTHER CONTRACTS
(a)
This agreement does not apply if the user and the shipper
are parties to a current contract (“other contract”) other
than this agreement or a deemed contract under this
agreement in respect of the injections of gas at the gate
point for the user by the shipper, regardless of whether the
amounts recoverable under the other contract are more or
less than would be recoverable under this agreement or a
deemed contract.
4.
THE RULES, THIS AGREEMENT AND A DEEMED CONTRACT
4.1
Rules govern process
4.2
(a)
The rules establish the terms on which REMCo:
(b)
may undertake calculations and allocations of gas quantities
for a gas day under Chapter 5 of the rules (“market
tasks”); and
(c)
may issue a rule 192(2) notice,
(d)
and to the extent necessary to achieve this result the
relevant rules have effect as terms of this agreement.
References to this agreement include a deemed contract
(a)
4.3
Unless the contrary intention is expressly stated, a
reference in this agreement to a right or obligation under
this agreement (or like expressions) includes a right or
obligation under a deemed contract.
Changes to the rules
(a)
For the purposes of this agreement the rules which apply
are the rules as amended from time to time (including after
the date of this agreement) under:
(i)
the rules (as amended from time to time); and
(ii)
the REMCo Constitution (as amended from time to
time); and
(iii)
applicable laws.
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(b)
4.4
5.
Whenever the rules are amended in a manner which
materially impacts upon the shipper’s rights or obligations
under this agreement, the user must provide the shipper
with a copy of the amended rules, but a failure to comply
with this clause 4.3(b) does not affect the operation of
clause 4.3(a).
Changes to this agreement
(a)
Subject to this clause 4.4, the user may by notice to the
shipper unilaterally vary the terms of this agreement.
(b)
A variation under this clause 4.4 may only amend this
agreement in such a way that its terms after amendment
are the then current form of fallback user-shipper
agreement appended to the rules.
(c)
A variation under this clause 4.4 may only operate
prospectively. It does not affect rights and obligations
already accrued under this agreement or any deemed
contract.
DURATION
(a)
This agreement starts when the user gives the allocation
instruction referred to in recital C, and continues indefinitely
and irrevocably until the day (“exit day”) the user exits the
market as defined in, and in accordance with, rule 377B.
(b)
Neither the shipper nor the user may terminate this
agreement before the exit day.
6.
REMCo
6.1
REMCo acts as independent expert in issuing agreement
note
(a)
6.2
REMCo performs the market tasks and issues a rule 192(2)
notice as an independent expert, and not as agent for the
shipper or the user.
Limited agency
(a)
For the purposes of and subject to this agreement, REMCo
is the user’s agent in respect of the following matters:
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6.3
(b)
providing a copy of the amended rules under clause 0; and
(c)
giving a notice of variation under rule 4.4.
Limitations on REMCo’s agency
Nothing in this agreement, including the giving of a rule 192(2)
notice, makes REMCo an agent of the shipper or the user in
respect of:
6.4
(a)
the giving of a rule 192(2) notice;
(b)
the provision of the contracted supply;
(c)
the payment of a contracted charge; or
(d)
any other obligation or liability under a deemed contract.
REMCo’s Liability
(a)
Other than in respect of REMCo’s wilful misconduct or fraud,
REMCo is not liable to the parties or any of them for anything
done or not done under this agreement, whether negligently
otherwise.
(b)
Without limiting clause 6.4(a), in no circumstances
(including REMCo’s negligence) is REMCo to be liable:
(c)
6.5
(i)
to inject part or all the apportioned injections; or
(ii)
to pay any or all of the contracted charges; or
(iii)
in respect of the failure to do either or both of those
things.
The parties release and indemnify REMCo from and against
any claims for breach of agreement, negligence or other
misconduct (other than wilful misconduct and fraud) in
connection with anything done or not done by REMCo in the
course of discharging, or not discharging, its obligations
under this agreement.
No partnership etc.
(a)
Nothing in this agreement, a rule 192(2) notice or a deemed
contract makes REMCo an employee, joint venturer or
partner of the shipper or the user.
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6.6
No remuneration
(a)
6.7
REMCo is not entitled under this agreement to any
remuneration or reimbursement of costs for performing its
obligations under this agreement.
Confidentiality
(a)
Part 8.2 of the rules applies as a term of this agreement.
7.
THE DEEMED CONTRACT
7.1
Rule 192(2) notice creates deemed contract
7.2
7.3
(a)
A rule 192(2) notice creates a legally binding contract
(“deemed contract”) on the terms set out in this
agreement between the shipper and the contracting user
under which:
(b)
(shipper deemed to have injected) the shipper is
deemed to have injected the apportioned injections for the
contracted day for the contracted charge; and
(c)
(user must accept and pay) the user is deemed to have
accepted the apportioned injections for the contracted day,
and must pay the shipper the contracted charges.
Duration of deemed contract
(a)
A deemed contract applies in respect of only the contracted
day specified in the rule 192(2) notice, but continues in
effect for so long as is necessary to permit the shipper to
finally determine and recover the contracted charges.
(b)
Nothing in clause 7.2(a) prevents the shipper and the user
from becoming parties to another agreement as a result of
REMCo issuing another rule 192(2) notice in respect of a
subsequent gas day.
Rule 192(2) notice is conclusive proof
(a)
Unless REMCo issues a revised rule 192(2) notice, the
contents of a rule 192(2) notice are conclusive evidence of
the terms of the deemed contract.
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8.
THE CONTRACTED CHARGES
(a)
The user must pay to the shipper a contractual charge
(“contracted charges”) comprising one or more
components, which collectively and subject to this clause 8
are designed to recover the whole of the shipper’s actuallyincurred costs of providing the apportioned injections in the
circumstances prevailing on the contracted day, together
with a margin of 15% on all such costs payable by the
shipper to others, to cover the shipper’s administrative
costs.
(b)
Without limiting the generality of clause 8(a), the following
are some categories under which the shipper may wish to
classify contracted charges:
(c)
(i)
the commodity value of gas supplied under the
apportioned injections;
(ii)
any gas transportation charges (for example capacity
reservation charges and commodity charges) arising
from the shipper being allocated the apportioned
injections; and
(iii)
penalties, surcharges or additional fees or charges
associated with any peaking, balancing or overrun
arising from the shipper being allocated the
apportioned injections.
For the purposes of clause 8(a), whenever it is necessary to
determine the proportional impact of the apportioned
injections on the charges incurred by the shipper, in
circumstances in which the shipper may have incurred some
or all of those charges in respect of its other injections in
any event, the impact of the apportioned injections is to be
calculated in a manner that (to the standard of a reasonable
and prudent person) assumes the apportioned injections
were the most expensive gigajoules delivered on the
contracted day.
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9.
INVOICING AND PAYMENT
9.1
Invoicing frequency
9.2
9.3
(a)
The shipper may issue an invoice in the form of a tax invoice
to a user for the contracted charges forthwith after the end
of the contracted day.
(b)
The shipper may from time to time issue a tax invoice in
respect of part only of the contracted charges, even if one
or more other components of the contracted charges have
not yet been determined, and may subsequently issue
another tax invoice or tax invoices for one or more other
components of the contracted charges, and may keep doing
so from time to time for so long as any element of the
contracted charges remains uninvoiced.
Shipper to invoice user
(a)
The shipper’s tax invoice must show, for the contracted day:
(b)
the date of the contracted day;
(c)
the gate point at which the apportioned injections occurred;
(d)
the amount of the apportioned injections;
(e)
the component or components of the contracted charge;
and
(f)
reasonable details of the calculation of each component of
the contracted charge.
Payment
(a)
9.4
A user must, within 10 business days after receipt of a tax
invoice issued under clause 9.1(a), pay to the shipper the
net amount shown on the tax invoice as payable, regardless
of whether the tax invoice is disputed under clause 9.5.
Default in payment
(a)
Subject to clause 9.5, if a user fails by the relevant due date
to make full payment of the net amount shown on a tax
invoice then, without prejudice to the shipper’s other rights,
the user must pay interest on the unpaid amount, calculated
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daily at the prescribed interest rate from the due date until
payment.
(b)
9.5
Disputed invoices
(a)
10.
This clause does not limit rule 193A(2).
If a user disputes any amount or amounts set out in a tax
invoice, then the user must within 15 business days after
the date of the tax invoice, give notice in writing to the
shipper that it disputes the amount or amounts and full
details of the dispute.
GST
(a)
In this clause 10:
(i)
words and expressions which are not defined in this
agreement but which have a defined meaning in the
GST Law have the same meaning as in the GST Law;
and
(ii)
“GST Law” has the meaning given to that
expression in the A New Tax System (Goods and
Services Tax) Act 1999 (Cth).
(b)
Unless otherwise expressly stated, all prices or other sums
payable or consideration to be provided under a deemed
contract under this agreement are exclusive of GST.
(c)
The supply of a contracted supply by a shipper to a user is
a taxable supply.
(d)
If GST is payable by:
(i)
a supplier; or
(ii) by the representative member for a GST group of
which the supplier is a member,
on any supply made under a deemed contract under this
agreement, the recipient of the supply must pay to the
supplier an amount equal to the GST payable on the supply.
(e)
The recipient must pay the amount referred to in clause
10(d):
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(i)
in addition to the consideration for the supply; and
(ii) at the same time that the consideration for the
supply must be provided under a deemed contract
under this agreement.
(f)
The supplier must provide a tax invoice or an adjustment
note to the recipient before the supplier is entitled to
payment of the amount under clause 10(d).
(g)
The recipient may withhold payment of the amount under
clause 19(d) until the supplier provides a tax invoice or an
adjustment note, as appropriate.
(h)
If an adjustment event arises in respect of a taxable supply
made by a supplier under a deemed contract under this
agreement, the amount payable by the recipient under
clause 10(d) must be recalculated to reflect the adjustment
event and the recipient must make a payment to the
supplier or the supplier must make a payment to the
recipient, as the case requires.
(i)
Where a deemed contract under this agreement requires a
person to pay or reimburse an expense or outgoing of
another person, the amount to be paid or reimbursed by the
first person will be the sum of:
(i)
the amount of the expense or outgoing less any input
tax credits in respect of the expense or outgoing to
which the other person, or to which the
representative member for a GST group of which the
other person is a member, is entitled; and
(ii) if the payment or reimbursement is subject to GST,
an amount equal to that GST.
11.
FORCE MAJEURE
(a)
(Liability exclusion): Neither party is liable to the other
party for any loss incurred by that other party as a direct
result of either party failing or being prevented, hindered or
delayed in the performance of its liability under this
agreement by reason of a force majeure event.
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(b)
(Notification): The party affected by a force majeure event
must as soon as practicable notify the other party in writing
of:
(i)
any anticipated delay due to that force majeure
event;
(ii)
details of the force majeure event;
(iii)
the expected duration of the force majeure event;
and
(iv)
details of the steps being taken to overcome the
force majeure event,
and use all reasonable endeavours to perform its liability
under this agreement.
(c)
12.
(Inability to pay excluded): The inability to pay money,
however caused, does not constitute a force majeure event.
REPRESENTATIONS
12.1 Representations
Each party represents to the other party that as at the date of
this agreement:
(a)
(corporate status): if the party is a corporation, that party
is a corporation duly incorporated and validly existing under
the law of the country or jurisdiction of its incorporation or
registration;
(b)
(corporate powers): if the party is a corporation, that
party has the corporate power to own its assets and perform
its obligations under this agreement and any business
activity as contemplated at any time by this agreement;
(c)
(legal compliance): the execution or performance of this
agreement and a deemed contract by that party does not
contravene any provision of:
(i)
the constitution documents of that party;
(ii)
any agreement created by that party;
(iii)
any law; or
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(iv)
any governmental consent relating to that party or
its assets; and
(d)
(corporate compliance): that party has full power, and
has procured all necessary corporate consents, for the
execution by that party of this agreement;
(e)
there is no pending or threatened action or proceeding
affecting the shipper or any of its related bodies corporate
or any of their respective assets before a court, referee,
governmental agency, commission, arbitrator or other
tribunal which will, or might reasonably be expected to,
materially affect its ability to perform its obligations under
this agreement.
12.2 Application
13.
(a)
(Separate effect): Each representation in clause 12.1 is a
separate representation, without its scope or meaning being
limited or governed by any other such representation.
(b)
(Repetition): The representations and warranties in clause
12.1 are made on and from the date this agreement starts,
and are by force of this clause to be taken to be made anew
on each day thereafter.
TERMINATION
13.1 No Default Termination
(a)
Neither party may terminate this agreement for default by
the other party.
(b)
Nothing in clause 13.1(a) limits the other remedies that may
be available to the parties.
13.2 Termination Effect
Termination of this agreement releases any party from any further
performance of any liability under this agreement but does
not:
(a)
(continuing liability): affect any provision of this
agreement expressed to operate or have effect subsequent
to termination; or
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(b)
(accrued rights): have any prejudicial effect on any
accrued right of any party accruing prior to termination.
14.
LIABILITY
(1)
Rules 376 to 377 apply as terms of this agreement and a deemed
contract with appropriate modifications, including by replacing
each reference to “these rules” with, as appropriate:
(3)
15.
(c)
a reference to “this agreement or a deemed contract”; or
(d)
a reference to “this deemed contract”.
Rule 377A applies as a term of this agreement and a deemed
contract with appropriate modifications, including by replacing
each reference to “these rules” with, as appropriate:
(a)
a reference to “the rules, this agreement or a deemed
contract”; or
(b)
a reference to “the rules or this deemed contract”.
DISPUTE RESOLUTION
15.1 Disputes
(a)
This provision applies to any dispute or difference
(“dispute”) arising between the parties in relation to:
(b)
(interpretation): this agreement or its interpretation;
(c)
(rights): any right or liability of any party under this
agreement or a deemed contract; or
(d)
(action): the performance of any action by any party under
or arising out of this agreement or a deemed contract,
whether prior or subsequent to its termination.
15.2 Dispute Negotiation
(a)
(Restriction): Except in the case of a party seeking urgent
interlocutory relief, a party must not refer a dispute to
litigation or arbitration under this agreement, unless that
party has complied with this provision.
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(b)
(Dispute notification): A party claiming that a dispute has
arisen must notify the other party specifying details of the
dispute.
(c)
(Negotiation): Each party must refer a dispute to a senior
officer for consideration and use its best efforts to resolve
the dispute through negotiation within 5 business days
following the dispute notification or longer period if agreed
between the parties.
(d)
(Referral): Each party must refer the dispute to its chief
executive officer, in the event that the senior officers of the
parties fail to resolve the dispute within the specified period.
(e)
(Mediation): Each party must, following reference to its
chief executive officer, use its best efforts to resolve the
dispute by agreement or through an agreed mediation
procedure.
(f)
(Process termination): A party, in compliance with this
provision, may terminate the dispute resolution process by
notice to the other party at any time after 5 business days
following reference of the dispute to its chief executive
officer.
(g)
(Restriction release): A party is not required to comply
with this provision in relation to any dispute where the other
party is in default under this provision in relation to that
dispute.
15.3 Continued Performance
(a)
16.
The parties must continue to perform this agreement and
any deemed contracts (including any deemed contract
arising from a rule 192(2) notice given after notification of
the dispute), despite and during any dispute negotiation or
resolution being conducted under this provision.
COSTS
Each party must pay its own costs in relation to:
(a)
(documentation): the negotiation, preparation, execution,
performance, amendment or registration of, or any consent
given or made; and
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(b)
(performance): the performance of any action by that
party in compliance with any liability arising,
under this agreement or a deemed contract, or any agreement
or document executed or effected under this agreement, unless
this agreement provides otherwise.
17.
DUTIES
The user must promptly within the initial applicable period
prescribed by law pay any levy, deduction, charge, tax, impost or
other duty payable in relation to the execution, performance and
registration of this agreement, or any agreement or document
executed or effected under this agreement.
18.
ASSIGNMENT
18.1 Shipper Assignment
The shipper must not at any time during the continuance of this
agreement in relation to the supply of the contracted supply,
without the prior consent of the user:
19.
(a)
(rights): transfer, or create any security interest affecting
or relating to, all or any part of this agreement or a deemed
contract, or any right of the shipper under this agreement
or a deemed contract;
(b)
(subcontracts): create any subcontract relating to the
performance of all or any of the shipper’s obligations under
this agreement or a deemed contract; or
(c)
(liabilities): novate or transfer this agreement or a deemed
contract, or any liability of the shipper under this agreement
or a deemed contract.
NOTICES
A notice given by a person under this agreement or a deemed
contract is validly given if it is given in accordance with the notice
provisions of the rules.
20.
GOVERNING LAW AND JURISDICTION
(a)
This agreement is governed by, and construed in, each
State by the laws of the State.
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21.
(b)
Any legal action in relation to this agreement against any
party or its property may be brought in a State in any court
of competent jurisdiction in the State.
(c)
Each party irrevocably, generally and unconditionally
submits to the non-exclusive jurisdiction of any court
specified in this clause 19 in relation to both itself and its
property.
GENERAL PROVISIONS
21.1 Contractual Relationship
(a)
(Independent contractor): The shipper acts in the
capacity of an independent contractor, as between the
shipper and the user, in the performance of any deemed
contract or any liability under this agreement.
(b)
(Exclusions): This agreement does not create, and must
not be construed to create, any express or implied
relationship between the user and the shipper of:
(i)
employment,
(ii)
principal and agency;
(iii)
partnership; or
(iv)
joint venture.
21.2 Amendments
Any amendment to this agreement has no effect unless in
writing and executed by the parties.
21.3 Third Parties
This agreement confers rights only upon a person expressed to
be a party, and not upon any other person.
21.4 Pre-Contractual Negotiation
This agreement:
(a)
(entire agreement): expresses and incorporates the entire
agreement between the parties in relation to its subjectmatter, and all the terms of that agreement; and
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(b)
(collateral agreement): supersedes and excludes any
prior
or
collateral
negotiation,
understanding,
communication or agreement by or between the parties in
relation to that subject-matter or any term of that
agreement.
21.5 Further Assurance
Each party must execute any document and perform any action
necessary to give full effect to this agreement, whether prior or
subsequent to performance of this agreement.
21.6 Continuing Performance
(a)
(Merger exclusion): The provisions of this agreement do
not merge with any action performed or document executed
by any party for the purposes of performance of this
agreement.
(b)
(Representation): Any representation in this agreement
survives the execution of any document for the purposes of,
and continues subsequent to, performance of this
agreement.
(c)
(Indemnity): Any indemnity agreed by any party under
this agreement:
(i)
constitutes a liability of that party separate and
independent from any other liability of that party
under this agreement or any other agreement; and
(ii)
survives and continues subsequent to performance
of this agreement.
21.7 Waivers
Any failure by any party to exercise any right under this
agreement does not operate as a waiver and the single or partial
exercise of any right by that party does not preclude any other
or further exercise of that or any other right by that party.
21.8 Remedies
The rights of a party under this agreement are cumulative and
not exclusive of any rights provided by law.
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21.9 Severability
Any provision of this agreement which is invalid in any jurisdiction
is invalid in that jurisdiction to that extent, without invalidating or
affecting the remaining provisions of this agreement or the validity
of that provision in any other jurisdiction.
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Appendix 10 – Swing Service Causation Compensation
Terms
The following provisions govern the payment of a swing service
causation compensation payment determined under rule 300A.
They have effect as a contract between the compensating
person and a recipient user.
1.
INTERPRETATION
1.1
Definitions
(a)
(b)
Unless the context otherwise requires, in these terms:
(i)
the definitions and rules of interpretation set out in
the rules apply; and
(ii)
the definitions embedded in this Appendix 10 apply.
Unless the context otherwise requires, in these terms the
following definitions also apply:
“force majeure event” in relation to any person, means any fact
beyond the reasonable control of that person which prevents,
hinders or delays that person from or in the performance of any
liability of that person under any agreement, but excluding any
fact resulting from any action, or omission or default of that
person, or any agent of that person.
“gas day” has the meaning given to it in the rules.
“gate point” has the meaning given to it in the rules.
“governmental agency” means the Crown, any government,
any governmental ministry or department, or any Crown,
governmental, semi-governmental, statutory, parliamentary,
administrative, fiscal, public, federal, state, national, municipal,
local, judicial or regulatory entity, agency, instrumentality, utility,
authority, court, commission, body or tribunal.
“governmental consent” means:
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(a)
any consent, authorisation, registration, filing, lodgement,
agreement, notarisation, certificate, permission, licence,
approval, authority or exemption from, by or with any
governmental agency;
(b)
in relation to any act, matter or thing which would be legally
prohibited or restricted in whole or in part if any
governmental agency intervenes or acts in any manner
within a specified period after its lodgement, filing,
registration or notification, the expiry of that period without
intervention or action;
(c)
in relation to any present or future agreement or document
created or action performed by any person, means any
governmental consent within any previous meaning
necessary or desirable for the execution, performance,
validity, enforceability, priority effectiveness or transfer of
any asset of or under that agreement, document or action;
(d)
in relation to any business activity at any time, any
governmental consent within any previous meaning
necessary or desirable for the performance of that business
activity at that time; and
(e)
in relation to any present or future agreement, document,
consent or asset created or held by any person at any time,
means any governmental consent within any previous
meaning necessary or desirable to prevent default,
invalidation or a prejudicial effect under or in relation to that
agreement, document, consent or asset at that time.
“insolvency event” in relation to any person means:
(a)
(attachment): the fact of any attachment against any
asset of the person;
(b)
(security enforcement): the enforceability of any security
interest over any asset of the person securing payment for
any amount subsequent to the occurrence of any default
event under that security interest;
(c)
(receivership): the appointment of any receiver over, or
possession taken by any secured party of, any asset of the
person;
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(d)
(insolvency): cessation of payment generally by the
person or the inability of the person, or the other party to
these terms (“other party”) reasonably deciding that the
person is unable, to pay all its debts as and when they
become due and payable;
(e)
(administration): the appointment of any administrator of
the person;
(f)
(liquidation): any legal action, not being in the decision of
the other party a disputed action, being commenced,
judicial order made or resolution passed for the liquidation
of the person; or
(g)
(debt arrangement): the creation by the person of any
debt arrangement with its creditors generally or any class of
creditors.
“law” includes present and future:
(a)
written and unwritten laws of the Commonwealth, Western
Australia and of any other State, Territory or foreign country
having jurisdiction over the subject matter of these terms;
and
(b)
judgments, determinations, decisions, rulings, directions,
notices, regulations, by-laws, statutory instruments, Codes
of Practice, Australian Standards or orders given or made
under any of those laws or by any governmental agency or
authority.
“notification day” means the day REMCo gives a notice under
rule 300A(10) that it has made a determination in respect of a
compensating person.
“parties” means the compensating person and the recipient user,
and “party” means any of them.
“prescribed interest rate” means five annual percentage points
above the Reserve Bank of Australia cash rate applying from time
to time.
“REMCo” has the meaning given to it in the rules.
“rules” means the REMCo Market Rules as in force on the
notification day, and a reference to “rule” followed by a number
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is a reference to the rule so numbered in the rules as at the
notification day (as the rule is amended, substituted and
renumbered from time to time).
“terms” means the terms contained in this Appendix 10
governing the payment of swing service causation compensation
payments, determined under rule 300A.
1.2
Interpretational Rules
Rules of interpretation apply to these terms as specified in this
provision, unless the context otherwise requires:
(a)
(headings): headings and subheadings are for convenience
only and do not affect interpretation;
(b)
(persons): a reference to “person” includes a public body,
company, or association or body of persons, corporate or
unincorporated;
(c)
(plurality): words denoting the singular number include the
plural, and vice versa;
(d)
(laws): a reference to a law includes any amendment or reenactment of it that is for the time being in force, and
includes all laws made under it from time to time;
(e)
(gender): words denoting any gender include all genders;
(f)
(variations): any grammatical or linguistic variation of a
defined word or expression has a corresponding meaning;
(g)
(parties): any reference to a party to any agreement or
document includes its successors and permitted assigns;
(h)
(amendments): any reference to any agreement or
document includes that agreement or document as
amended at any time;
(i)
(references): any reference to a clause, schedule,
annexure, exhibit or attachment is a reference to a clause
of, or schedule, annexure, exhibit or attachment to, these
terms;
(j)
(specifics): any specific reference to or listing of items
following the word “including” does not exclude application
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to other items, whether or not in the same class, category
or genus as any specified or listed items;
(k)
(time): the expression “at any time” includes reference to
past, present and future time and the performance of any
action from time to time and any liability at all times during
any specified period;
(l)
(under): the word “under” includes “by”, “by virtue of”,
“pursuant to” and “in accordance with”;
(m)
(consents): the expression “prior consent”, in relation to
any provision which prohibits or restricts any action by any
party except with the prior consent of any other party,
means the prior written consent of that other party, and
includes reference to the fact that any consent may in the
absolute and uncontrolled decision of that other party be
refused or given subject to the performance of any condition
or other provision; and
(n)
(italics): 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 clause 1.1 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.
2.
REMCo
2.1
REMCo acts as independent expert in issuing agreement
note
REMCo acts under this Appendix 10 and under rule 300A as an
independent expert, and not as agent for the compensating
person or the recipient user.
2.2
REMCo’s Liability
(a)
Other than in respect of REMCo’s wilful misconduct or fraud,
REMCo is not liable to the parties or any of them for anything
done or not done under this Appendix 10, whether
negligently otherwise.
(b)
Without limiting clause 0, in no circumstances (including
REMCo’s negligence) is REMCo to be liable:
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(c)
2.3
(i)
to pay part or all the swing service compensation
payment; or
(ii)
in respect of the failure to do so.
The parties release and indemnify REMCo from and against
any claims for breach of agreement, negligence or other
misconduct (other than wilful misconduct and fraud) in
connection with anything done or not done by REMCo in the
course of discharging, or not discharging, its obligations
under this Appendix 10.
No partnership etc.
Nothing in these terms or a notice under rule 300A makes
REMCo an employee, joint venturer or partner of the
compensating person or the recipient user.
2.4
No remuneration
REMCo is not entitled under this agreement to any remuneration
or reimbursement of costs for performing its obligations under
this agreement.
3.
INVOICING AND PAYMENT
3.1
Invoicing frequency
The recipient user may issue an invoice to the compensating
person for the swing service compensation payment forthwith
after the end of the notification day.
3.2
Content of invoice
The recipient user’s invoice must show at least:
3.3
(a)
the date of the notification day;
(b)
the date of the historical gas day i in respect of which REMCo
made the determination under rule 300A(1); and
(c)
the amount of the swing service compensation payment.
Payment
A compensating person must, within 10 business days after
receipt of an invoice issued under clause 3.2, pay to the recipient
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user the net amount shown on the invoice as payable, regardless
of whether the invoice is disputed under clause 3.5.
3.4
3.5
Default in payment
(a)
Subject to clause 3.5, if a compensating person fails by the
relevant due date to make full payment of the net amount
shown on an invoice then, without prejudice to the recipient
user’s other rights, the compensating person must pay
interest on the unpaid amount, calculated daily at the
prescribed interest rate from the due date until payment.
(b)
This clause does not limit rule 300A(12).
Disputed invoices
If a compensating person disputes any amount or amounts set
out in an invoice, then the compensating person must within 15
business days after the date of the invoice, give notice in writing
to the recipient user that it disputes the amount or amounts and
full details of the dispute.
4.
GST
(a)
In this clause 4:
(i)
words and expressions which are not defined in these
terms but which have a defined meaning in the GST
Law have the same meaning as in the GST Law; and
(ii) “GST Law” has the meaning given to that
expression in the A New Tax System (Goods and
Services Tax) Act 1999 (Cth).
(b)
Unless otherwise expressly stated, all prices or other sums
payable or consideration to be provided under these terms
are exclusive of GST.
(c)
If GST is payable by:
(i)
a supplier; or
(ii) by the representative member for a GST group of
which the supplier is a member,
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on any supply made under these terms, the recipient of
the supply must pay to the supplier an amount equal to
the GST payable on the supply.
(d)
The recipient must pay the amount referred to in clause
4(c):
(i)
in addition to the consideration for the supply; and
(ii) at the same time that the consideration for the
supply must be provided under these terms.
(e)
The supplier must provide a tax invoice or an adjustment
note to the recipient before the supplier is entitled to
payment of the amount under clause 4(c).
(f)
The recipient may withhold payment of the amount under
clause 4(c) until the supplier provides a tax invoice or an
adjustment note, as appropriate.
(g)
If an adjustment event arises in respect of a taxable supply
made by a supplier under these terms, the amount payable
by the recipient under clause 4(c) must be recalculated to
reflect the adjustment event and the recipient must make a
payment to the supplier or the supplier must make a
payment to the recipient, as the case requires.
(h)
Where these terms require a person to pay or reimburse an
expense or outgoing of another person, the amount to be
paid or reimbursed by the first person will be the sum of:
(i)
the amount of the expense or outgoing less any
input tax credits in respect of the expense or
outgoing to which the other person, or to which the
representative member for a GST group of which
the other person is a member, is entitled; and
(ii)
if the payment or reimbursement is subject to GST,
an amount equal to that GST.
5.
DISPUTE RESOLUTION
5.1
Disputes
This provision applies to any dispute or difference (“dispute”)
arising between the parties in relation to:
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5.2
(a)
(interpretation): these terms or their interpretation;
(b)
(rights): any right or liability of any party under these
terms; or
(c)
(action): the performance of any action by any party under
or arising out of these terms, whether prior or subsequent
to its termination.
Dispute Negotiation
(a)
(Restriction): Except in the case of a party seeking urgent
interlocutory relief, a party must not refer a dispute to
litigation or arbitration under these terms, unless that party
has complied with this provision.
(b)
(Dispute notification): A party claiming that a dispute has
arisen must notify the other party specifying details of the
dispute.
(c)
(Negotiation): Each party must refer a dispute to a senior
officer for consideration and use its best efforts to resolve
the dispute through negotiation within 5 business days
following the dispute notification or longer period if agreed
between the parties.
(d)
(Referral): Each party must refer the dispute to its chief
executive officer, in the event that the senior officers of the
parties fail to resolve the dispute within the specified period.
(e)
(Mediation): Each party must, following reference to its
chief executive officer, use its best efforts to resolve the
dispute by agreement or through an agreed mediation
procedure.
(f)
(Process termination): A party in compliance with this
provision may terminate the dispute resolution process by
notice to the other party at any time after 5 business days
following reference of the dispute to its chief executive
officer.
(g)
(Restriction release): A party is not required to comply
with this provision in relation to any dispute where the other
party is in default under this provision in relation to that
dispute.
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5.3
Continued Performance
The parties must continue to perform their obligations under
these terms despite and during any dispute negotiation or
resolution being conducted under this provision.
6.
GOVERNING LAW AND JURISDICTION
(a)
These terms are governed by, and construed in, each State
by the laws of the State.
(b)
Any legal action in relation to these terms against any party
or its property may be brought in a State in any court of
competent jurisdiction in the State.
(c)
Each party irrevocably, generally and unconditionally
submits to the non-exclusive jurisdiction of any court
specified in this clause 6 in relation to both itself and its
property.
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Appendix 11 – There is no Appendix 11
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Appendix 12– There is no Appendix 12
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