50HResolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement

50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement

50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement

(1) The AER may, on application by AEMO or 1 or more declared transmission system operators, make a determination to resolve a dispute arising from an attempt to negotiate—

(a) a network agreement or an augmentation connection agreement; or

(b) an amendment to a network agreement or an augmentation connection agreement.

(2) The determination may determine the terms and conditions of the agreement or the amendment.

(3) If the AER determines the terms and conditions of an agreement or an amendment, an agreement is taken to arise between the interested parties, or the agreement between the interested parties is taken to be amended, in accordance with the AER’s determination.

(4) A determination may only be made under this section if—

(a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and

(b) the AER has given AEMO and all declared transmission system operators that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.

(5) A determination under this section takes effect on a date specified in the determination.

(6) A determination under this section must be published on AEMO’s website.

(7) In this section, a reference to a declared transmission system operator extends to a prospective declared transmission system operator within the meaning of section 50D(7).

s 50H: Ins 2009 No 31, sec 17.