sec.91BHGeneral principles governing determinations

sec.91BH General principles governing determinations

A determination under this Division must be compatible with the proper performance of AEMO’s declared system functions. In determining a dispute about a service envelope agreement, an operating agreement, or an amendment to a service envelope agreement or operating agreement, the AER must have regard to the allocation of powers and functions between AEMO and the relevant declared transmission system operator and to the Rules so far as they are relevant to— the allocation of risk under such an agreement; or the provision of services by means of, or in connection with, the declared transmission system; or any other matter that has a bearing on the subject matter of the agreement. A determination cannot alter the allocation of risk under an existing service envelope agreement or an existing operating agreement unless AEMO agrees. The provisions applicable to the determination of an access dispute apply to a determination by the AER under this Division with the following changes: sections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and any further changes necessary to adapt those provisions to the determination of a dispute under this Division. s 91BH ins 2009 No. 30 (SA) s 14 amd 2022 No. 21 (SA) s 49 (sec.91BH-ssec.1) A determination under this Division must be compatible with the proper performance of AEMO’s declared system functions. (sec.91BH-ssec.2) In determining a dispute about a service envelope agreement, an operating agreement, or an amendment to a service envelope agreement or operating agreement, the AER must have regard to the allocation of powers and functions between AEMO and the relevant declared transmission system operator and to the Rules so far as they are relevant to— the allocation of risk under such an agreement; or the provision of services by means of, or in connection with, the declared transmission system; or any other matter that has a bearing on the subject matter of the agreement. (sec.91BH-ssec.3) A determination cannot alter the allocation of risk under an existing service envelope agreement or an existing operating agreement unless AEMO agrees. (sec.91BH-ssec.4) The provisions applicable to the determination of an access dispute apply to a determination by the AER under this Division with the following changes: sections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and any further changes necessary to adapt those provisions to the determination of a dispute under this Division.

• (a) the allocation of risk under such an agreement; or
• (b) the provision of services by means of, or in connection with, the declared transmission system; or
• (c) any other matter that has a bearing on the subject matter of the agreement.
• (a) sections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and