20ECircumstances for varying 1997 eligible renewable power baseline for an accredited power station (Act s 30F)

#### 20E Circumstances for varying 1997 eligible renewable power baseline for an accredited power station (Act s 30F) Application made to Regulator (1) For subsections 30F(1) and (2) of the Act, the Regulator may vary the 1997 eligible renewable power baseline for an accredited power station if: (a) one or more of the following situations arise: (i) the nominated person for the power station becomes aware that information used to determine the baseline was inaccurate, misleading or incomplete; or (ii) the nominated person for the power station becomes aware of an error in the determination of the baseline; or (iii) an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and (b) the nominated person makes an application to the Regulator in the manner set out in subregulation (3), to vary the 1997 eligible renewable power baseline; and (c) the Regulator considers the application, taking into account, as appropriate, the matters set out in subregulation (4), and decides that the 1997 eligible renewable power baseline should be varied. On Regulator’s own initiative (2) For subsections 30F(1) and (2) of the Act, the Regulator may, on his or her own initiative, vary the 1997 eligible renewable power baseline for an accredited power station if: (a) the Regulator becomes aware that 1 or more of the following situations has arisen: (i) that information used to determine the baseline was inaccurate, misleading or incomplete; (ii) that there is an error in the determination of the baseline; (iii) an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and (b) the Regulator gives the nominated person written notice stating: (i) that the Regulator is considering whether to vary the baseline; and (ii) the reasons for the possible variation; and (iii) that the nominated person may give to the Regulator, by the date and in the form (if any) specified in the notice, any information that may assist the Regulator in deciding whether to vary the baseline; and (c) the Regulator, having become aware of the situation and taking into account any information provided by the nominated person in response to a notice under paragraph (b), decides that the 1997 eligible renewable power baseline should be varied. Form of application (3) An application by a nominated person for an accredited power station for a variation of the 1997 eligible renewable power baseline for the power station: (a) must be in writing; and (b) must state the circumstance in paragraph (1)(a) on the basis of which the request is made; and (c) must include, or be accompanied by, a statement explaining the reasons why the variation should be made and setting out any other relevant information. Special considerations (4) If the nominated person for a hydro‑electric power station requests a variation of the 1997 eligible renewable power baseline for the power station on the basis of the situation mentioned in subparagraph (1)(a)(iii), the Regulator must, in deciding whether to vary the baseline, consider the following matters: (a) whether any water diverted to or from the power station is a direct result of an action or policy of the Commonwealth Government; (b) the release patterns of any diverted water flows; (c) whether any diverted water flows pass through the power station; (d) if any water was diverted from the power station—the water‑to‑generation ratio of the power station; (e) if the power station is part of a group of interconnected power stations—the water‑to‑generation ratio of the group of interconnected power stations.