On 12 November 2009, the Commission gave notice under sections 102 and 103 of the National Electricity Law (NEL) of the making of National Electricity Amendment (Confidentiality Provisions for Network Connections) Rule 2009 and its related Rule determination. The Rule determination provides the Commission’s reasoning for determining to make aspects of Grid Australia’s Rule change proposal and for not adopting other aspects. The Rule as made commences on 12 November 2009.

The Commission is satisfied that the inclusion of a cross-reference to the confidentiality exceptions to the general confidentiality obligations on Registered Participants in rule 8.6 of the Rules will contribute to the achievement of the NEO by promoting efficient coordinated connection applications. The effect of this cross-reference would be to clarify that network service providers (NSPs) may disclose information in certain circumstances to Registered Participants and other persons.

The Commission has not adopted Grid Australia’s Rule change proposal to include a new clause that would allow NSPs to disclose basic generator information. This is because an NSP may already publish this information to the extent permitted by rule 8.6, including where the information is already in the public domain. The Commission has also not adopted Hill Michael’s proposal to allow the disclosure of data and information by NSPs directly to consultants. This is because consultants may, under clause 8.6.2(c) of the Rules, obtain information with the consent of the relevent Registered Participants.

All enquiries on this project should be addressed to James Eastcott on (02) 8296 7800.

Background

On 1 April 2009, Grid Australia lodged a Rule change proposal to amend the existing confidentiality provisions relating to network connection enquiries and applications under clause 5.3.8 of the Rules. The purpose of Grid Australia's proposal is to:

• allow Network Service Providers (NSPs) to disclose confidential information to third parties under limited circumstances authorised in the Rules, such as, information in the public domain, information provided to an employee, advisor or consultant, and information where consent is given to disclose; and
• allow NSPs to disclose basic information regarding connection applications that under the current Rules must be treated as confidential information by NSPs.

On 14 May 2009, the Commission published a notice under sections 95 and 96 of the NEL to commence initial consultation on a Rule change proposal received from Grid Australia relating to confidentiality provisions for network connections.

Initially Grid Australia's Rule change proposal was to be expedited under section 96 of the National Electricity Law (NEL).  However, following receipt of a written objection from the Clean Energy Council, that the Commission considered was not misconceived or lacking in substance, a notice was published on 4 June 2009 under section 96(5) of the NEL.  The Commission will consider the proposed Rule under the Rule making process and not through the expedited process under section 96 of the NEL.

On 20 August 2009, the Commission gave notice under section 99 of the National Electricity Law (NEL) of the making of its draft Rule and its related draft Rule determination.