This decision extends to 1 July 2009 those provisions which require an importing region to pay a charge to the exporting region for the use of the network and to amend what is considered an anomaly in referencing to clauses which refer to charges and settlements residue.

Background

On 9 May 2006 the Department of Infrastructure (Victoria) submitted to the Commission a request to make a Rule change relating to clause 3.6.5(a)(5) of the National Electricity Rules. The Rule change proposal was intended to:

• extend to 1 July 2009, provisions which require an importing region to pay a charge to the exporting region for the use of the network; and
• amend, what is considered, an anomaly in the referencing to clauses referring to charges and settlements residue. The Department had requested that the Rule proposal be treated as "non-controversial" for the purposes of s.96(1)(b) of the NEL.

Under Section 94 of the National Electricity Law (NEL) the Commission decided to commence initial consultation on this Rule change proposal by publishing a notice under Sections 95 and 96 of the NEL.

The Commission agreed to expedite the making of the proposed Rule subject to any written objections being received by 8 June 2006. No objections to the expediting of the Rule change were received.

Submissions on the initial consultation were due by 22 June 2006.

Correction to Original Notice

On 29 June 2006, an incorrect notice was given in The Australian newspaper that indicated that the National Electricity Amendment (Extension of Inter-regional Settlements Agreement) Rule 2006 No.12 had been made by the Commission. The AEMC published a correction notice in The Australian newspaper notice on 3 July 2006.

A joint submission was received from NRG Flinders, AGL, Origin Energy and International Power on 20 June 2006 which was inadvertently overlooked in the Commission’s deliberations on the Rule proposal. In order to ensure that the submission was afforded due consideration and consultation, the Commission took the decision to delay the making of the Rule until the final Determination could be considered in light of this submission. As a result, the Rule was not published in the South Australian Gazette on 29 June 2006, as was indicated in the notice published in The Australian.

The Commission’s final Rule determination and the Rule as made were made and published on 13 July 2006. The Rule commenced operation on 13 July 2006.