Western Australian Current Regulations

NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS - REG 6.15

6.15         Guidance for the Arbitrator

                When arbitrating a dispute the Arbitrator must, subject to sections 6.18(b) , (c) and (d), apply the provisions of the Access Arrangement for the Covered Pipeline concerned. In addition, the Arbitrator must take into account:

            (a)         the Service Provider’s legitimate business interests and investment in the Covered Pipeline;

            (b)         the costs to the Service Provider of providing access, including any costs of extending the Covered Pipeline, but not costs associated with losses arising from increased competition in upstream or downstream markets;

            (c)         the economic value to the Service Provider of any additional investment that the Prospective User or the Service Provider has agreed to undertake;

            (d)         the interests of all Users;

            (e)         firm and binding contractual obligations of the Service Provider or other persons (or both) already using the Covered Pipeline;

            (f)         the operational and technical requirements necessary for the safe and reliable operation of the Covered Pipeline;

            (g)         the economically efficient operation of the Covered Pipeline; and

            (h)         the benefit to the public from having competitive markets.