Western Australian Current Regulations

NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS - REG 8.44

8.44         Use of Incentive Mechanisms

                The Reference Tariff Policy should, wherever the Relevant Regulator considers appropriate, contain a mechanism (an Incentive Mechanism ) that permits the Service Provider to retain all, or any share of, any returns to the Service Provider from the sale of the Reference Service:

            (a)         during an Access Arrangement Period, that exceed the level of returns expected for that Access Arrangement Period; or

            (b)         during a period (commencing at the start of an Access Arrangement and including two or more Access Arrangement Periods) approved by the Relevant Regulator, that exceed the level of returns expected for that period,

                particularly where the Relevant Regulator is of the view that the additional returns are attributable (at least in part), to the efforts of the Service Provider. Such additional returns may result, amongst other things, from lower Non Capital Costs or greater sales of Services than forecast.

        [Section 8.44 inserted: Gazette 23 January 2002 p. 440.]