Rule Change: Completed
Overview
The Rule determination affirms the Commission’s draft Rule determination with some minor modifications and enhancements in response to submissions received in relation to the Draft Rule and Determination. The Rule commenced operation on 16 November 2006.
Background
The Commission published a Rule Proposal Report, accompanying Draft Rule and a Section 95 notice on 16 February 2006. This commenced the first round consultation of the Rule making process for the proposed Rule. The Draft Rule is named the National Electricity Amendment (Economic Regulation of Transmission Services) Rule 2006.
A public hearing in relation to the above Rule Proposal was held on 8 March 2006. Handouts, presentations and a transcript of the public hearing are available below.
Submissions in relation to this Rule Proposal were due by 20 March 2006.
Due to the number and volume of submissions received in the consultation period, and the complexity of the issues they have raised, the Commission has deemed it necessary to delay the publication of the draft determination. This enabled the Commission to undertake a thorough analysis of the issues raised in the submissions. The delay also allowed the Commission to analyse the draft Rules with a view to simplifying them, if possible, in response to industry comments. The Commission initially issued a notice under section 107 of the NEL on 11 May 2006, extending the release of the draft determination and draft Rule until 29 June 2006. In order to complete the last stage of its analysis and processes, the Commission decided that it was necessary to issue a further section 107 notice, extending the release of the draft determination and draft Rule until 27 July 2006.
The Commission issued a draft Rule determination and its second draft National Electricity Amendment (Economic Regulation of Transmission Services) Rule 2006 on 26 July 2006 under section 99 of the NEL. The notice commencing second round consultation was published on 27 July 2006. This Draft Rule relates to transmission revenues.
Submissions were due by 11 September 2006, and any requests for a hearing closed on 3 August 2006.
On 5 October 2006, the Commission published a notice under section 107 advising that period of time for the making of the final Rule determination on this proposal had been extended to 26 October 2006. The Commission considered that certain key issues raised in submissions were sufficiently complex that it was in the public interest to extend the time period for the making of the final determination to properly examine these issues.
On 12 October 2006 the Commission invited further submissions and comments from interested parties in relation to matters regarding the forecast of capital and operating expenditure. The Commission also provided a copy of legal advice to the Department of Industry, Tourism and Resources, from the Australian Government Solicitor on questions relevant to the expenditure forecast matter. View more information of the legal advice. Submissions on this supplementary round of consultation closed on 20 October 2006.
On 26 October 2006, the Commission published a notice under section 107 advising that the period of time for the making of the final Rule determination on this proposal had been extended to 16 November 2006. The Commission considered that this extension is in the public interest as it allowed for a detailed examination of the issues raised in submissions in response to the expenditure forecast issue.
The Commission issued on 16 November 2006 a notice under sections 102 and 103 of the National Electricity Law of the making of the National Electricity Amendment (Economic Regulation of Transmission Services) Rule 2006 and the corresponding final Rule determination. The Rule determination affirms the Commission’s draft Rule determination with some minor modifications and enhancements in response to submissions received in relation to the Draft Rule and Determination. The Rule commenced operation on 16 November 2006.