National Gas (NSW) Law
91BGOperating agreement between AEMO and facility owner
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91BG Operating agreement between AEMO and facility owner
91BG Operating agreement between AEMO and facility owner
(1) AEMO may require, as a condition of permitting the connection of a facility to the declared transmission system, that the facility owner enter into an agreement (an operating agreement) with AEMO relating to the operation of that facility.
(2) An operating agreement may deal (amongst other things) with the following—
(a) the balancing, monitoring and regulation of gas flows between the declared transmission system and the facility;
(b) the scheduling of gas flows;
(c) the maintenance of a balancing account;
(d) the provision of operational information;
(e) operating pressures;
(f) the safety, security and reliability of the declared transmission system and the facility;
(g) emergency arrangements.
(3) The AER may make a determination under this section (an operating agreement determination)—
(a) on application by AEMO or a facility owner to resolve a dispute arising from an attempt to negotiate an operating agreement or an amendment to an operating agreement; or
(b) in the course of proceedings to resolve an access dispute.
(4) The AER may only make an operating agreement determination on an application under subsection (3)(a) 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 service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.
(5) An operating agreement determination may determine the terms and conditions of the operating agreement or the amendment.
(6) If the AER determines the terms and conditions of an operating agreement or an amendment to an operating agreement, an operating agreement is taken to arise, or the operating agreement is taken to be amended, in accordance with the AER’s determination.