Western Australian Current Regulations

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NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS - REG 6.20

6.20         Prior Capital Contributions

                If a User or Prospective User claims it has funded the construction of all or part of a Covered Pipeline, either directly or by agreeing to pay the Service Provider a higher charge than it would have paid in the absence of such a capital contribution, then in making a decision the Arbitrator must:

            (a)         consider whether the User or Prospective User did make a capital contribution to the construction of all or part of the Covered Pipeline; and

            (b)         consider the extent to which the User or Prospective User has recouped any such capital contribution.

                If the Arbitrator considers that the User or Prospective User has made a capital contribution which has not been fully recouped, the Arbitrator’s decision under section 6.7 or section 6.13 may require the Service Provider to provide the Service at a Tariff set in a way that allows the User or Prospective User to recoup some or all of the unrecouped portion of the capital contribution.



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