South Australian Numbered Acts South Australian Numbered Acts6—Amendment of the NEL—New sections 2A to 2F inserted
NEL—after section 2 insert:
2A—Meaning of access dispute
An access dispute is a dispute between—
(a) a
network service user or prospective network service user; and
(b) a
network service provider,
about an aspect of access to an electricity network service specified by the
Rules to be an aspect to which Part 10 applies.
2B—Meaning of direct control network service
A direct control network service is an electricity network service—
(a) the
Rules specify as a service the price for which, or the revenue to be earned
from which, must be regulated under a distribution determination or
transmission determination; or
(b) if
the Rules do not do so, the AER specifies, in a distribution determination or
transmission determination, as a service the price for which, or the revenue
to be earned from which, must be regulated under the distribution
determination or transmission determination.
2C—Meaning of negotiated network service
A negotiated network service is an electricity network service—
(a) that
is not a direct control network service; and
(b)
that—
(i)
the Rules specify as a negotiated network service; or
(ii)
if the Rules do not do so, the AER specifies as a
negotiated network service in a distribution determination or transmission
determination.
2D—Meaning of regulatory obligation or requirement
(1) A regulatory
obligation or requirement is—
(a) in
relation to the provision of an electricity network service by a regulated
network service provider—
(i)
a distribution system safety duty or transmission system
safety duty; or
(ii)
a distribution reliability standard or transmission
reliability standard; or
(iii)
a distribution service standard or transmission service
standard; or
(b) an
obligation or requirement under—
(i)
this Law or Rules; or
(ii)
an Act of a participating jurisdiction, or any instrument
made or issued under or for the purposes of that Act, that levies or imposes a
tax or other levy that is payable by a regulated network service provider; or
(iii)
an Act of a participating jurisdiction, or any instrument
made or issued under or for the purposes of that Act, that regulates the use
of land in a participating jurisdiction by a regulated
network service provider; or
(iv)
an Act of a participating jurisdiction or any instrument
made or issued under or for the purposes of that Act that relates to the
protection of the environment; or
(v)
an Act of a participating jurisdiction, or any instrument
made or issued under or for the purposes of that Act (other than national
electricity legislation or an Act of a participating jurisdiction or an Act or
instrument referred to in subparagraphs (ii) to (iv)), that materially
affects the provision, by a regulated network service provider, of electricity
network services that are the subject of a distribution determination or
transmission determination.
(2) A regulatory
obligation or requirement does not include an obligation or requirement to pay
a fine, penalty or compensation—
(a) for
a breach of—
(i)
a distribution system safety duty or transmission system
safety duty; or
(ii)
a distribution reliability standard or transmission
reliability standard; or
(iii)
a distribution service standard or transmission service
standard; or
(b)
under this Law or the Rules or an Act or an instrument referred to in
subsection (1)(b)(ii) to (v).
Note—
See also section 7A(2)(b).
2E—Meaning of regulatory payment
A regulatory payment is a sum that a regulated network service provider has
been required or allowed to pay to a network service user or an end user for a
breach of, as the case requires—
(a) a
distribution reliability standard or transmission reliability standard; or
(b) a
distribution service standard or transmission service standard,
because it was efficient for the regulated network service provider (in terms
of the provider's overall business) to pay that sum.
Note—
See also section 7A(2)(b).
2F—Form of regulation factors
The form of regulation factors are—
(a) the
presence and extent of any barriers to entry in a market for electricity
network services;
(b) the
presence and extent of any network externalities (that is, interdependencies)
between an electricity network service provided by a network service provider
and any other electricity network service provided by the
network service provider;
(c) the
presence and extent of any network externalities (that is, interdependencies)
between an electricity network service provided by a network service provider
and any other service provided by the network service provider in any other
market;
(d) the
extent to which any market power possessed by a network service provider is,
or is likely to be, mitigated by any countervailing market power possessed by
a network service user or prospective network service user;
(e) the
presence and extent of any substitute, and the elasticity of demand, in a
market for an electricity network service in which a network service provider
provides that service;
(f) the
presence and extent of any substitute for, and the elasticity of demand in a
market for, electricity or gas (as the case may be);
(g) the
extent to which there is information available to a prospective network
service user or network service user, and whether that information is
adequate, to enable the prospective network service user or network service
user to negotiate on an informed basis with a network service provider for the
provision of an electricity network service to them by the network service
provider.