Authorsed participants seeking to rely on the ACCC’s authorised conduct in performing a function under the Pilbara regime may submit a record using the form:
Non-routine information exchanged in reliance on ACCC Authorisation
Background
The Australian Competition and Consumer Commission (ACCC) has authorised specified conduct undertaken by the ISO and Authorised Participants in performing a function under the Pilbara regime with the purpose of maintaining or improving power system safety, security or reliability, subject to compliance with specified conditions on the terms of the ACCC Authorisation (Authorisation number AA1000666).
Authorised Participants include Registered Network Service Providers, Registered Controllers and Connection Applicants.
Under Condition 6 of the ACCC Authorisation, while engaging in the authorised specified conduct, the ISO must:
- make and keep contemporaneous records of any contracts, arrangements or understandings made between Pilbara ISOCo and/or Participants to agree to system security measures, outage co-ordination or technical connection standards in reliance of the authorisation;
- where Pilbara ISOCo is not present, require Participants to make and keep such records and provide a copy of those records to Pilbara ISOCo as soon as reasonably practicable (and not more than 5 business days thereafter); and
- provide such records to any Participant (including a Participant who may be a third party to the contract, arrangement or understanding) it identifies, after reasonable due diligence, as having their interests materially adversely affected by the contract, arrangement or understanding as soon as reasonably practicable, but not more than 10 business days, after making or receiving the relevant record.
Section 7 of the Notices and Communications Procedure sets out the requirements for compliance with condition 6 of the ACCC Authorisation, relating to requirements to make and keep records and provide communication of those records to other Authorised Participants.
Subject to the requirements of the Rules (including the restrictions on the disclosure and use of confidential information), Authorised Participants must:
- make and keep contemporaneous records of any contracts, arrangements or understandings made between Authorised Participants to agree to system security measures, outage coordination or technical connection standards in reliance on the ACCC Authorisation, which occur when the ISO is not present; and
- provide a copy of those records to the ISO as soon as reasonably practicable (and not more than 5 business days thereafter).
Authorised Participants are not required to make or keep records:
- in relation to routine operational activities carried out in the performance of their functions under the Pilbara Regime; or
- where those records are already made and disclosed to other affected Authorised Participants under the Pilbara Regime.
Records:
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