Schedule 1 Subject matter for the National Gas Rules

Schedule 1 Subject matter for the National Gas Rules

| Access arrangements | | 1 | Scheme pipeline determinations, scheme pipeline revocation determinations, greenfields incentive determinations and greenfields price protection determinations (regulatory determinations), including—(a) the content of applications for regulatory determinations; and(b) procedures for dealing with applications for regulatory determinations; and(c) information that must be provided by a service provider and the consequences of failing to provide that information; and(d) procedures for making regulatory determinations; and(e) the content of regulatory determinations and decisions not to make regulatory determinations; and(f) publication of regulatory determinations and decisions not to make regulatory determinations. | | 2 | Scheme pipeline elections, including—(a) the circumstances in which scheme pipeline elections may be made; and(b) the content of scheme pipeline elections. | | 3 | The classification or reclassification of pipelines, including—(a) the content of applications for classification and reclassification of pipelines; and(b) procedures for dealing with applications for classification and reclassification of pipelines; and(c) procedures for making classification decisions and reclassification decisions; and(d) the content of classification decisions, reclassification decisions and decisions not to make a reclassification decision; and(e) publication of classification decisions, reclassification decisions and decisions not to make a reclassification decision. | | Access arrangements | | 4 | The submission to the AER, by service providers, of access arrangements or revisions to applicable access arrangements for approval by the AER, including requiring service providers to—(a) submit access arrangements for pipeline services provided by means of scheme pipelines; and(b) submit more than 1 access arrangement; and(c) to consolidate access arrangements. | | 5 | The content of access arrangements and applicable access arrangements, including—(a) a description of pipeline services provided or that may be provided by means of scheme pipelines, including reference services; and(b) the content of expansion and extension requirements; and(c) the content of queuing requirements; and(d) review submission dates, expiry dates and dates when revisions to access arrangements and applicable access arrangements are to take effect. | | 6 | Variations to applicable access arrangements. | | 7 | Information to accompany access arrangements submitted for approval, or proposals for revisions or variations to access arrangements, including information to enable a person to understand the background or basis or derivation of the access arrangement or proposal. | | 8 | The provision and publication of information referred to in item 7. | | 9 | Decisions of the AER that approve (with or without revisions or modifications) or do not approve access arrangements or proposals for revisions or variations to access arrangements. | | 10 | The making of access arrangements by the AER when it does not approve access arrangements. | | 11 | The contents of decisions of the AER that—(a) approve or do not approve access arrangements or proposals for revisions or variations to access arrangements; and(b) make access arrangements. | | 12 | The procedure for the approval or making by the AER of access arrangements, or approval by the AER of proposals for revisions or variations to applicable access arrangements, including the publication and giving of—(a) access arrangements and proposals; and(b) decisions of the AER; and(c) applicable access arrangements; and(d) drafts of decisions of access arrangements and proposals and decisions of the AER. | | 13 | Matters to be addressed by the AER in approving or not approving an access arrangement, or making an access arrangement, or approving or not approving revisions or variations to an applicable access arrangement. | | General duties for provision of pipeline services | | 14 | Queuing requirements for non-scheme pipelines. | | 15 | Pipeline interconnection principles. | | 16 | Exemptions from the prohibition in section 136A. | | 17 | Information that must be published by service providers under section 136C, including—(a) the collection, disclosure, verification, management and publication of information in relation to pipeline services, including information about—(i) the terms and conditions on which the service provider is prepared to make a pipeline available for use by others; and(ii) relevant prices, costs and methodologies associated with gaining access to (and using) a pipeline and relevant or related services; and(iii) access contracts and arrangements used (or required to be used) by the service provider; and(b) requirements to ensure that information is accurate and complete; and(c) the imposition or recovery of costs associated with any matter referred to in a paragraph (a) or (b); and(d) exemptions from the requirement to publish information. | | Ring fencing requirements | | 18 | The content of a minimum ring fencing requirement. | | 19 | AER ring fencing determinations and additional ring fencing requirements. | | 20 | The approval by the AER of associate contracts and variations to associate contracts. | | 21 | The grounds on which the AER may approve associate contracts and variations to associate contracts, including grounds different from those specified in section 147 or section 148. | | 22 | Exemptions from minimum ring fencing requirements and associate contract provisions, including applications for exemptions. | | Access to pipeline services | | 23 | Access to pipeline services. | | 24 | The facilitation of requests for access to pipeline services (access requests), including—(a) requirements for the publication by service providers of user access guides that describe the processes for making access requests, access offers and access negotiations; and(b) exemptions from the requirement to publish a user access guide; and(c) requirements about access requests and the information to be provided by the service provider in response to access requests; and(d) requirements about access offers; and(e) access negotiations between a user or prospective user and a service provider; and(f) the imposition or recovery of costs associated with facilitating access (or potential access) to pipeline services. | | 25 | Requirements to ensure that information published in a user access guide, in response to access requests or during access negotiations, is accurate and complete. | | 26 | The transfer of capacity of a pipeline to deliver pipeline services, including—(a) the circumstances when and how it is to happen; and(b) the legal consequences of a transfer of that capacity. | | 27 | The establishment and maintenance of registers of unutilised capacity of pipelines to deliver pipeline services, including the information to be included in such registers. | | 28 | The public availability of information on registers referred to in item 27. | | 29 | The provision of information to users of information about unutilised capacity of pipelines to deliver pipeline services. | | 30 | The conditions a service provider may impose for the provision of pipeline services. | | Access disputes | | 31 | Access dispute notices, including—(a) the content of access dispute notices; and(b) procedures for dealing with access dispute notices; and(c) withdrawal of access dispute notices. | | 32 | Parties to an access dispute, including—(a) applications to become a party to an access dispute; and(b) procedures for dealing with applications to become a party to an access dispute. | | 33 | Mediation of access disputes involving small shippers, including—(a) elections by small shippers to have an access dispute mediated; and(b) appointments of mediators; and(c) mediation procedures; and(d) reports required to be given by mediators to the AER. | | 34 | Procedures and time limits for the making of access determinations, including a fast track procedure for scheme pipeline access disputes. | | 35 | The appointment of persons to inquire into and report on the safe operation of pipelines for the purpose of enabling the relevant adjudicator to make an access determination. | | 36 | Principles to be taken into account by the relevant adjudicator when making an access determination. | | 37 | Matters an access determination may deal with. | | 38 | The kinds of access determinations that may be made, including determinations—(a) requiring prospective users or users to make capital contributions towards a service provider’s capital expenditure for the expansion of the capacity of pipelines; and(b) that enable service providers to charge prospective users or users surcharges to recover capital expenditure for the expansion of the capacity of pipelines. | | 39 | Circumstances in which an access dispute may be terminated. | | 40 | Procedures for varying an access determination. | | 41 | Allocation of costs of an arbitration between parties to a non-scheme pipeline access dispute. | | 42 | Procedures for correcting errors in an access determination. | | Sale and supply of gas to customers | | 43 | Credit support arrangements between service providers and retailers, including the financial obligations of service providers and retailers to support the sale and supply of covered gas to retail customers. | | 44 | Charges for the connection of premises of retail customers. | | Regulatory economic methodologies | | 45 | The regulatory economic methodologies (including the use of the methodology known as the “building block approach”) to be applied by—(a) the AER in approving or making an access arrangement; or(b) the AER in approving revisions or a variation to an applicable access arrangement; or(c) the relevant adjudicator in making an access determination. | | 46 | If the Rules provide for the regulatory economic methodology known as the “building block approach” to be applied by—(a) the AER for the purpose of approving or making an access arrangement; or(b) the AER for the purpose of approving revisions or a variation to an applicable access arrangement; or(c) the relevant adjudicator for the purpose of making an access determination,the determination by the AER or the relevant adjudicator (as the case requires) of allowances for—(d) depreciation; or(e) the operating costs of a service provider; or(f) if the service provider is a corporation, the income tax payable by corporations. | | 47 | The methodology known as “total factor productivity”—(a) as a regulatory economic methodology to be applied by—(i) the AER for the purpose of approving or making an access arrangement; or(ii) the AER for the purpose of approving revisions or a variation to an applicable access arrangement; or(iii) the relevant adjudicator for the purpose of making an access determination; and(b) as an economic regulatory tool to inform and assist the AER in applying, or analysing the application of, the regulatory economic methodology known as the “building block approach” by the AER for the purpose of—(i) approving or making an access arrangement; or(ii) approving revisions or a variation to an applicable access arrangement; and(c) as an economic regulatory tool to inform and assist the relevant adjudicator in applying, or analysing the application of, the regulatory economic methodology known as the “building block approach” by the relevant adjudicator for the purpose of making an access determination in relation to the dispute. | | 48 | The capital base with respect to a pipeline, and of a new facility for the purposes of—(a) approving or making an access arrangement; or(b) approving revisions or a variation to an applicable access arrangement; or(c) making an access determination. | | 49 | The assessment, or treatment of, investment in pipelines and new facilities by—(a) the AER for the purposes of approving or making an access arrangement; or(b) the AER for the purposes of approving revisions or a variation to an applicable access arrangement; or(c) the relevant adjudicator for the purposes of making an access determination in relation to the dispute. | | 50 | The economic framework and methodologies to be applied by the AER or the relevant adjudicator for the purposes of item 49. | | 51 | Incentives for service providers to make efficient operating and investment decisions including, where applicable, service performance incentive schemes. | | 52 | The treatment of capital contributions referred to in item 38(a) when determining the capital base with respect to a pipeline. | | 53 | The handling of surcharges referred to in item 38(b). | | AER economic regulatory function or powers | | 54 | The way in which the AER performs or exercises an AER economic regulatory function or power, including the basis on which the AER makes an AER economic regulatory decision. | | 55 | Principles to be applied, and procedures to be followed, by the AER in exercising or performing an AER economic regulatory function or power. | | East coast gas system reliability and supply adequacy functions | | 55T | The development of reliability standards, including standards applying to specified geographical zones, location, markets, infrastructure or entities. | | 55U | The obligations and functions of AEMO, the AEMC or the AER in relation to the reliability standards, including determining the standards, or the manner or process for determining the standards. | | 55V | The way in which AEMO must use or consider the reliability standards in the exercise of its east coast gas system reliability and supply adequacy functions. | | 55W | The way in which AEMO must or, without limitation, may exercise or perform its east coast gas system reliability and supply adequacy functions. | | 55X | Arrangements to enable AEMO to contract with other parties to reduce or curtail covered gas demand. | | 55Y | Obligations on relevant entities to contract with each other for certain purposes and on certain terms and conditions. | | 55Z | Arrangements to procure, by or on behalf of AEMO, the supply or storage of covered gas, transport capacity and other services for the purposes of AEMO’s east coast gas system reliability and supply adequacy functions, including the terms and conditions of the procurement. | | 55ZA | Measures or mechanisms that must or may be implemented in response to actual or potential threats to the reliability or adequacy of the supply of covered gas within the east coast gas system. | | 55ZB | Obligations on retailers, gas powered generators and other large gas users to develop plans to manage peak or other demand scenarios, including the form, content and implementation of those plans. | | 55ZC | Arrangements to enable AEMO to, publicly or otherwise, signal or communicate actual or potential threats to the reliability or adequacy of the supply of covered gas within the east coast gas system, including the convening of conferences and requiring particular participants to attend those conferences. | | 55ZD | The payment of fees and charges under section 91E to enable AEMO to recover costs relating to its east coast gas system reliability and supply adequacy functions. | | 55ZE | The provision of information to AEMO in relation to its east coast gas system reliability and supply adequacy functions, who must give AEMO the information, the circumstances in which the information may or must be given and the way in which the information may or must be given, including a way set out in the Procedures. | | 55ZF | Arrangements to pay compensation to relevant entities adversely affected by AEMO’s exercise or performance of its east coast gas system reliability and supply adequacy functions, and to recover the compensation paid from relevant entities. | | 55ZG | Arrangements to assist AEMO and participating jurisdictions to coordinate with each other in relation to addressing actual or potential threats. | | AER gas price reporting functions | | 56 | The AER gas price reporting functions. | | AEMO | | 57 | A registration scheme to be administered by AEMO for Registered participants in relation to a regulated gas market; the prudential and other requirements to be met by a Registered participant; exemption from registration; the suspension from registration or deregistration of a Registered participant; the exclusion of a Registered participant from a regulated gas market operated or administered by AEMO. | | 58 | The operation and administration of a regulated gas market. | | 59 | The declared system functions or STTM functions. | | 60 | AEMO’s functions, powers and duties, and the duties and obligations of Registered participants, exempted participants and others, in regard to the operation of a declared transmission system or a regulated gas market. | | 61 | The setting of prices (including maximum and minimum prices) for covered gas and services purchased through the declared wholesale gas market or short term trading market operated and administered by AEMO. | | 62 | The regulation of a declared LNG storage provider and liquefied natural gas stored by the provider. | | 63 | The metering of covered gas to record the production, consumption or quality of covered gas. | | 64 | The registration of metering installations used to meter covered gas. | | 65 | The regulation of persons providing metering services relating to the metering of covered gas. | | 66 | The matters to be dealt with in the gas statement of opportunities and the obligations of AEMO and other persons in regard to its preparation, review, revision and publication. | | 67 | Principles to be applied, and procedures to be followed, by AEMO in exercising a power or performing a function in relation to the gas statement of opportunities. | | 68 | In relation to the gas statement of opportunities—(a) the kinds of information that may or must be given to AEMO for the gas statement of opportunities, including—(i) historic, current and forecast information; and(ii) information that may be derived from other information in the possession or control of the person required to provide the information; and(b) who must give AEMO the information; and(c) the circumstances in which the information may or must be given; and(d) the procedure for giving the information. | | 69 | Fees payable to AEMO for services provided, or statutory functions performed, under this Law, the Rules or the Procedures. | | 70 | The payment of money (including the payment of interest and the provision of related security)—(a) for the settlement of transactions for covered gas or services purchased or supplied through a regulated gas market operated and administered by AEMO; or(b) to or from a Rule fund; or(c) for any service provided, or statutory function performed, for which the Rules require payment. | | 71 | Rules for determining the ownership of, and the transfer of title to, covered gas supplied at an STTM hub and for resolving disputes about ownership. | | 72 | The terms and conditions on which service providers, or classes of service providers, may recover costs for allocating quantities of covered gas relating to market operator services. | | 73 | The operation and administration of a gas trading exchange. | | 74 | The content, operation and administration of a gas trading exchange agreement. | | 75 | The duties and obligations of members of a gas trading exchange. | | 76 | Other rules relating to the conduct (including suspension) of the members of a gas trading exchange. | | 77 | The determination and settlement of payments in relation to a gas trading exchange. | | Gas Bulletin Board | | 78 | The establishment and maintenance of a website that contains information in relation to the covered gas industry. | | 79 | Principles to be applied, and procedures to be followed, by AEMO in exercising a power or performing a function in relation to the Gas Bulletin Board. | | 80 | The kinds of information that may or must be given to AEMO, who must give AEMO the information, the circumstances in which the information may or must be given, and the procedure for giving the information. | | 81 | The kinds of information that may or must be included on the Gas Bulletin Board and the manner in which information is to be dealt with before being put on the Gas Bulletin Board, including, but not limited to, the removal of information that would identify the person who gave the information. | | 82 | Persons, or classes of persons, to whom the requirement to give information does not apply and the circumstances in which the requirement does not apply, including, but not limited to, the grant of power to AEMO to exempt persons, or classes of persons, from that requirement. | | 83 | The circumstances in which the requirement to give information may start to apply again to the persons, or classes of persons, mentioned in item 82. | | 84 | Persons, or classes of persons, who may access the Gas Bulletin Board and the class, or classes, of information to which they may have access. | | 85 | The terms and conditions on which the persons, or classes of persons, mentioned in item 84 may access the Gas Bulletin Board. | | 86 | The procedure for dealing with information that was, but is no longer, on the Gas Bulletin Board. | | 87 | Persons, or classes of persons, who may have access to information that was, but is no longer on the Gas Bulletin Board and the class, or classes, of information to which they may have access. | | 88 | The terms and conditions on which the persons, or classes of persons, mentioned in item 87 may have access to information that was, but is no longer on the Gas Bulletin Board. | | 89 | The terms and conditions on which service providers, or classes of service providers, may recover amounts from AEMO for aggregating Bulletin Board information for the Bulletin Board operator. | | 90 | Matters mentioned in items 78 to 89, in so far as they relate to emergency situations. | | Facilitating capacity trades and the capacity auction | | 91 | The making of, and amendment to, an Operational Transportation Service Code, including—(a) the establishment, membership and operation of a representative panel for the Code; and(b) the functions of AEMO in relation to the panel; and(c) the functions of the panel in connection with proposals for amendment of the Code. | | 92 | The content of an Operational Transportation Service Code. | | 93 | Requirements for a standard OTSA and the services provided under a standard OTSA. | | 94 | Publication of a standard OTSA, entry into a standard OTSA and amendment of a standard OTSA. | | 95 | Requirements for transportation service providers to give effect to operational transfers. | | 96 | The determination of payments to transportation service providers for use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived. | | 97 | A registration scheme to be administered by AEMO for registration of transportation service providers and transportation facilities. | | 98 | The provision of information to AEMO about the points at or between which transportation services are provided and the publication of that information by AEMO. | | 99 | The allocation of service points to zones and the transfer of transportation capacity between service points. | | 100 | The recording of information about nominations and renominations for the use of transportation services and the scheduling and curtailment of transportation services and the provision of that information to AEMO or the AER. | | 101 | The recovery of the costs of transportation service providers in connection with the provision of a standard OTSA, a capacity auction and the transaction support arrangements and the publication of schedules of charges. | | 102 | The negotiation or determination of provisions in agreements with transportation facility users to facilitate sale by operational transfer and the transfer of capacity between service points. | | 103 | Exemptions in connection with a standard OTSA or capacity auction. | | Capacity auctions | | 104 | The capacity auction functions and the operation and administration of a capacity auction. | | 105 | The transportation services to be available through a capacity auction and the determination of the quantities of transportation capacity to be offered in the capacity auction. | | 106 | The form of a capacity auction and the rules relating to the conduct (including suspension) of a capacity auction. | | 107 | The duties and obligations of transportation service providers in relation to a capacity auction, including the provision of information and the maintenance of records in relation to the nomination, scheduling and supply of transportation services. | | 108 | The content, operation and administration of capacity auction agreements. | | 109 | The duties and obligations of capacity auction participants. | | 110 | The activities of transportation service providers and transportation facility users in connection with a capacity auction. | | 111 | The determination and settlement of payments in relation to a capacity auction. | | 112 | The order of priority to be given to transportation services using transportation capacity bought in a capacity auction, including in the scheduling, supply or curtailment of transportation services. | | 113 | The classification of transportation services as priority services in connection with a capacity auction. | | 114 | The functions of the AER in relation to transportation services classified as priority services in connection with a capacity auction and variations to those services. | | Standard market timetable | | 115 | Provision for or with respect to a standard market timetable, including requirements concerning use of a standard market timetable and the measurement of gas flows over periods corresponding to the standard gas day. | | 116 | Provision for or with respect to the negotiation or determination of amendments to contracts for transition to the use of a standard market timetable. | | Miscellaneous | | 117 | Specification of pipeline services as reference services. | | 118 | The preparation (including public consultation) and publication by the AER of discussion papers relating to the AER’s functions and powers under this Law and the Rules. | | 119 | Reviews by or on behalf of—(a) the AER or the AEMC; or(b) any other person appointed, in accordance with the Rules. | | 120 | Reporting and disclosing information to the AER. | | 121 | The establishment and maintenance of a register by the AEMC of the following—(a) all previous and current determinations and decisions made in relation to a pipeline under Chapter 3; and(b) all previous and current exemptions from publishing prescribed transparency information under section 136C; and(c) all previous and current determinations and decisions made in relation to a pipeline under Chapters 3 and 5 as in force from time to time before the commencement of Part 19 of Schedule 3. | | 121A | The establishment and maintenance of a register by the AEMC of the following actions under this Law or the Rules by the AER or a dispute resolution body—(a) determinations in relation to covered gas other than determinations recorded on the register kept under item 121;(b) decisions in relation to covered gas. | | 122 | Time periods within which the AER must make a decision (including an AER economic regulatory decision). | | 123 | Extensions to periods of time referred to in item 122. | | 124 | Reports into failures to make decisions within a specified period of time and the publication of such reports. | | 125 | Confidential information held by service providers, users, prospective users, end users, the AER, the AEMC, AEMO and other persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed. | | 126 | Dispute resolution, including—(a) definition of the class of disputes subject to the dispute resolution provisions of the Rules; and(b) the appointment of persons to arbitrate, mediate or assist in some other way in the resolution of such disputes; and(c) the appointment of a person to manage and facilitate the dispute resolution process (without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute); and(d) the dispute resolution process; and(e) rights of appeal on questions of law against decisions made in the course of the dispute resolution process. | | 126A | Schemes dealing with the transition of 1 or more types of covered gas facility from a facility that handles natural gas to a facility that handles another covered gas. | | 127 | Energy Consumers Australia (including provisions for its funding). | | 128 | The modification of section 3, 8 or 10.8 of the Gas Code as those sections apply to a transitioned access arrangement (as defined in clause 1 of Schedule 3 to this Law).Note—See also clause 30 of Schedule 3 to this Law. | | 129 | Any other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the Gas Code as in operation and effect immediately before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia. | | 130 | Any other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the superseded jurisdictional rules. | | 131 | Any matter or thing relating to gas prescribed by the Regulations. |