50JGeneral principles governing determinations

50J General principles governing determinations

50J General principles governing determinations

(1) A determination under this Subdivision must be compatible with the proper performance of AEMO’s declared network functions.

(2) In determining a dispute about a network agreement or an augmentation connection agreement, or an amendment to a network agreement or an augmentation connection agreement, the AER must have regard to the Rules and the allocation of functions, powers and duties between AEMO and the declared transmission system operator, so far as relevant to—

(a) the allocation of risk under such an agreement; or

(b) the provision of shared network capability services; or

(c) any other matter that has a bearing on the subject matter of such an agreement.

(3) A determination cannot alter the allocation of risk under an existing network agreement unless AEMO agrees.

(4) The provisions applicable to the determination of an access dispute apply to a determination by the AER under this Subdivision with the following changes—

(a) section 131(1)(c), section 131(2), section 132 and section 133 do not apply; and

(b) any further changes necessary to adapt those provisions to the determination of a dispute under this Division.

(5) 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 50J: Ins 2009 No 31, sec 17.