22Capacity of grids

#### 22 Capacity of grids (1) For the purposes of subsection 31(3) of the Act, the capacity of a grid is the sum of the nameplate capacity (specified by the manufacturer in MW) for each electricity generator connected (directly or indirectly) to the grid, other than: (a) a privately owned domestic generator; or (b) a generator that: (i) has been connected (directly or indirectly) to the grid for at least the 3 calendar years before the assessment year; and (ii) in each of those years either produced less than 50 GWh or had a load factor of less than 5%. (2) Despite subregulation (1), if a liable entity satisfies the Regulator that it is not appropriate to use the nameplate capacity for a particular electricity generator to determine the capacity of a grid, the Regulator may calculate the capacity of the grid by using the nominal capacity of that generator.