On 29 October 2020, the AEMC published the self-initiated Minor changes 4 2020 rule change proposal.  

The rule change proposal was initiated by the AEMC to correct minor errors and make non-material changes to the National Electricity Rules (NER) and National Gas Rules (NGR) to improve their quality.  As with previous AEMC initiated rules, these minor corrections and non-material changes make the rules clearer to stakeholders.

In particular, the final rules seek to:

• correct certain cross-referencing errors in the network planning and expansion framework in Part D of Chapter 5 of the NER- namely, address cross-referencing errors in clauses 5.16.2 and 5.16.4 of the NER; 
• correct minor drafting errors in the NER and NGR, - for example, change the reference to ‘clause’ in clause 11.128.4(a) and (b) of the NER to refer to ‘rule’ and change an incorrect reference to ‘and’ rather than ‘or’ in subrule 666(2)(b)(i) of the NGR; 
• correct a minor drafting error in the Minister made National Electricity Amendment (Retailer Reliability Obligation) Rule 2019 - namely, clause 4A.D.13(c) refers to minor amendments to the AER Opt-In Guidelines being able to be made without following the Rules consultation procedures, but paragraph (a) of that same provision does not refer to substantive amendments having to be made in accordance with that consultation process; and 
• correct punctuation and formatting errors, including colons and bolding. 

In addition, in July 2020 the AEMC made the National Electricity Amendment (Delayed Implementation of Five Minute and Global Settlement) Rule 2020 (the Five minute final rule), which delayed the commencement of the implementation of the five minute settlement and global settlement and market reconciliation frameworks. 

The Five minute final rule inadvertently did not include a transitional rule to provide that AEMO does not need to follow the rules consultation procedures when they review and amend relevant procedures to take into account the delayed commencement date under the Five minute final rule. The electricity Rule, addresses this drafting error by inserting new clauses 11.103.2(a1) and 11.112.2(a1) in the NER, which clarifies that AEMO can update the relevant procedures to the extent required to take into account the Five minute final rule without following the rules consultation procedures. 

This amendment gives effect to the Commission’s policy intent when making the Five minute final rule.

Submissions to the rule change proposal closed on 26 November 2020.  The Commission did not receive any submissions. 

The Commission undertook an expedited process for the rule change proposal as it was considered non-controversial. Under an expedited rule making process, a final rule determination must be made within eight weeks of the initiation of the process under the uniform energy rules, and for changes to the NGR that apply to Western Australia within six weeks of the start of the rule change process. 

The AEMC did not receive any objections to it assessing the rules under the expediated rule making process.

The AEMC has made a final rule determination to make the Minor Changes 4 2020.

Background

On 29 October 2020, the AEMC gave notice under sections 95 and 96(1)(a) of the National Electricity Law and sections 303/304 under National Gas Law to initiate the proposed National Electricity Amendment (Minor changes 4) Rule 2020 and National Gas Amendment (Minor changes 4) Rule 2020 under the expedited Rule making process.