Part of EnergyAustralia's network is classified as transmission infrastructure. This Rule enables EnergyAustralia to participate in settlement residue auctions.

Background

On 13 April 2006, NEMMCO and EnergyAustralia jointly submitted this Rule change proposal to the Commission.

The proposal requested that EnergyAustralia be granted a participant derogation to allow it to participate in settlement residue auctions despite Energy Australia being a registered transmission network service provider (TNSP).

EnergyAustralia primarily operates ringfenced electricity retail and distribution businesses. The requirement for a participant derogation arises from the fact that EnergyAustralia is also a registered TNSP. Currently under the National Electricity Rules (the Rules) TNSP's are not permitted to take part in settlement residue auctions.

NEMMCO and EnergyAustralia also requested that the Commission consider this Rule change proposal as non controversial and therefore follow an expedited Rule change process in accordance with the National Electricity Law.

Under s.94 of the National Electricity Law (NEL), the Commission decided to commence initial consultation on the Rule change proposal and publish a notice under s.95 of the NEL on 11 May 2006, inviting submissions or comments by the 9 June 2006.

The Commission also considered the request to expedite this Rule change proposal on the ground that it is non controversial under s.96 of the NEL, and made a preliminary decision to do so, subject to any objections in writing with reasons being lodged by 25 May 2006.

On 16 June 2006, the Commission published the final Rule determination for the National Electricity Amendment (EnergyAustralia Participant Derogation (Settlement Residue Auctions)) Rule 2006. This Rule has followed the expedited Rule making process set out in section 96 of the National Electricity Law.

On 22 June 2006, the Commission made the National Electricity Amendment (EnergyAustralia Participant Derogation (Settlement Residue Auctions)) Rule 2006 No.9 and also gave notice of the making of this Rule under s.103 of the NEL. All provisions commenced operation on 22 June 2006. The Rule as made was slightly amended from the Rule to be made to incorporate some minor editorial changes.