174Anticipatory certification—reduction in nameplate rating

174 Anticipatory certification—reduction in nameplate rating

Scope (1) This section applies to a generation complex if a person who owns, controls or operates the generation complex is registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets. Application (2) The person may apply, in writing, to the appropriate energy market operator to certify that if a proposed reduction in the nameplate rating in megawatts of the generation complex were to occur during the period: (a) beginning at the start of 1 July 2010; and (b) ending immediately before 1 April in a specified eligible financial year; there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the reduction. Certification (3) If an application is made under subsection (2), the appropriate energy market operator may: (a) certify in accordance with the application; or (b) refuse to so certify. (4) If, within 120 days after receiving an application under subsection (2), the appropriate energy market operator has neither: (a) certified in accordance with the application; nor (b) refused to so certify; the appropriate energy market operator is taken, for the purposes of this Act, to have certified in accordance with the application. Consequences of certification (5) If: (a) the appropriate energy market operator certifies in accordance with the application; and (b) the proposed reduction occurs; then, for the purposes of subparagraph 170(2)(c)(iv), the appropriate energy market operator is taken to have certified in writing that there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the reduction.