133Restrictions on access determinations

133 Restrictions on access determinations

133 Restrictions on access determinations

(1) The AER must not make an access determination that—

(a) would have the effect of preventing a network service user obtaining a sufficient amount of an electricity network service to be able to meet the network service user’s reasonably anticipated requirements, measured at the time the access dispute was notified; or

(b) subject to subsection (2), is inconsistent with a connection agreement between the parties to the access dispute.

(2) The AER may make an access determination that is inconsistent with a connection agreement between the parties to the access dispute if the AER is of the opinion the connection agreement affects the quality and security of electricity network service being provided to another person.

(3) In this section—

connection agreement means an agreement between a network service provider and—

(a) an owner, controller or operator of a generating system about the connection of that system to a transmission system or distribution system owned, controlled or operated by the network service provider; or

(b) a person who purchases electricity supplied through a transmission system or distribution system owned, controlled or operated by the network service provider about the connection of that person’s loads to that transmission system or distribution system; or

(c) another network service provider about the connection of transmission systems or distribution systems (as the case requires) owned, controlled or operated by the providers.

pt 10, divs 1–4 (ss 123–156): Ins 2007 No 53, sec 75.