(1) This clause applies if—
(a) the advocate has a direct or indirect pecuniary or other interest in a matter about which the advocate is advising, or is about to advise, the Minister, and (b) the interest appears to raise a conflict with the proper performance of the advocate’s duties in relation to advising on the matter.
(1) In calculating the maximum demand for a financial year, the energy security target monitor must—
(a) take into account the most recent forecast of maximum demand for sent out generation in New South Wales in summer, as published by AEMO, and (b) adjust the forecast to reflect the maximum demand as generated by generating units in New South Wales in summer.
(1) In calculating the capacity of generating units for the purposes of clause 14, the energy security target monitor must take into account information on the generation information page.
(1) In preparing a report under the Act, section 13(1), the energy security target monitor must take into account each scenario and the sensitivities relating to each scenario, as specified in the most recent statement of opportunities, to the extent they relate to New South Wales. (2) The report must include the following for each scenario and the sensitivities relating to each scenario, to the extent they relate to New South Wales—
(a) the energy security target monitor’s forecast of variations to—
(i) the maximum demand, and (ii) the firm capacity, and (iii) any target breach, (b) an analysis of the factors that might affect the forecast of variations to a target breach, for example, whether generating units that are being constructed or have been committed will be constructed on time.
(1) The consumer trustee may, on the request of a relevant person, give the relevant person advice about a network infrastructure project.
(1) The consumer trustee must not make a recommendation under the Act, section 31(1)(a) that the Minister give a direction under the Act, section 32 unless the consumer trustee is satisfied the direction is reasonably necessary to achieve the infrastructure investment objectives.
(1) An authorisation by the Minister under the Act, section 36(2) must require the network operator to enter into the recommended contractual arrangements.
(1) A person (the transferee ) to whom network infrastructure is transferred is taken to be a network operator to whom the Act, Part 5, Division 3 applies if—
(a) the network infrastructure is transferred from a network operator (the transferor ), and(b) the transferor is subject to an authorisation in relation to the network infrastructure, and (c) the authorisation provider approves the transferee being taken to be a network operator to whom the Act, Part 5, Division 3 applies.
(1) The consumer trustee must take the following into account in preparing an infrastructure investment objectives report—
(a) any target breaches identified in the most recent energy security target monitor report, (b) the forecast of unserved energy from the most recent statement of opportunities published by AEMO under the , National Electricity Rules (c) the most recent Integrated System Plan published by AEMO under the , National Electricity Rules (d) market conditions, including supply chains and labour and capital constraints, (e) the payments required to be made by the scheme financial vehicle under existing and planned LTES agreements, (f) how the development pathway in the infrastructure investment objectives report will contribute to the object of the Act, specified in the Act, section 3(1)(a), (g) the resilience of the NSW electricity system in relation to lulls in variable renewable energy sources, including by reference to climate modelling.
(1) The consumer trustee must conduct a competitive tender in a way that—
(a) encourages genuine competition between the persons making tender bids, and (b) encourages competition between market participants, and (c) encourages tender bids from persons who are not already parties to LTES agreements, and (d) is transparent, open and fair for all persons making tender bids. (2) Subclause (1)(d) does not require the consumer trustee to disclose information the consumer trustee considers confidential or commercially sensitive.
(1) A person may not make a tender bid in a competitive tender for an LTES agreement for infrastructure if—
(a) the infrastructure is not connected, or proposed to be connected, to network infrastructure in the NSW region, or (b) an access right for the infrastructure has already been conferred on the person under an access scheme.
(1) Rules made under the Act, section 47(5) dealing with eligibility criteria for making a tender bid for generation infrastructure or long-duration storage infrastructure must not restrict—
(a) the location in the NSW region in which the infrastructure may be constructed or operated, or (b) the type of technology or fuel that may be used to construct or operate the infrastructure.
(1) A risk management framework must mitigate the following risks—
(a) the risk that the cash balance of the Fund will not be sufficient to make the payments specified in the Act, section 55(b), (b) the risk to the financial interests of NSW electricity customers of unexpected or significant increases in liabilities for payments by the scheme financial vehicle under LTES agreements from year to year, (c) the risk of a reduction in the liquidity of the wholesale electricity market, excluding the spot market within the meaning of the , if options under LTES agreements are exercised, National Electricity Rules (d) the risk that significant increases to contribution determinations under the Act, section 56 will be required to maintain a prudent cash balance for the Fund, (e) the basis risk to the scheme financial vehicle.
(1) The scheme financial vehicle must, as soon as practicable after the end of each financial year, prepare a financial report about the Fund.
(1) A distribution network service provider must calculate the part of the amount payable by the provider under a contribution order that is attributable to each exempt customer (the relevant component ).
(1) The financial trustee must report to the regulator on the activities of the scheme financial vehicle during a financial year.
(1) The infrastructure planner must assess and make recommendations about the following—
(a) proposed REZ network infrastructure projects, (b) priority transmission infrastructure projects in relation to which the infrastructure planner is appointed, (c) network operators who may be authorised or directed to carry out—
(i) a REZ network infrastructure project, or (ii) a priority transmission infrastructure project, (d) other persons who may assist the network operator to carry out—
(i) a REZ network infrastructure project, or (ii) a priority transmission infrastructure project, (e) the contractual arrangements that a network operator may be required to enter into to carry out a REZ network infrastructure project or priority transmission infrastructure project under an authorisation (the recommended contractual arrangements ).
(1) The infrastructure planner may carry out a competitive assessment process in relation to—
(a) a proposed REZ network infrastructure project, or (b) a priority transmission infrastructure project in relation to which the infrastructure planner is appointed.
(1) This clause applies to regulator’s guidelines for non-contestable revenue determinations.
(1) This clause applies to the making of a non-contestable revenue determination.
(1) A network operator must give the regulator the information about the proposed amounts payable to the network operator for carrying out an infrastructure project that the regulator reasonably requires to exercise the regulator’s functions under the Act, Part 5.
(1) The regulator must consult the infrastructure planner before making a revenue determination.
(1) A revenue determination may include provision for the adjustment of any amount included in the revenue determination, whether or not the amount relates to a capital cost.
(1) The regulator must publish the following on its website—
(a) if a revenue determination is made or remade—
(i) the revenue determination, and (ii) the reasons for making the revenue determination, (b) if an adjustment is made to a revenue determination under clause 51 that did not require the revenue determination to be reviewed and remade—an updated schedule of amounts required to be paid to the network operator. (2) The revenue determination or schedule must be published as soon as reasonably practicable.
(1) The Minister may make a cost recovery declaration—
(a) on the Minister’s own initiative, or (b) on the application of a relevant person for the declaration.
(1) An LTES operator for firming infrastructure who has been given notice under clause 65(3)(a) requiring the LTES operator to procure and surrender a number of offset units for a calendar year must satisfy the requirement (the offset requirement ) by procuring and surrendering the offset units.
(1) The regulator must develop a methodology in accordance with this clause for calculating the following—
(a) NSW emissions intensity, (b) firming infrastructure emissions intensity, (c) the number of offset units that must be procured and surrendered for firming infrastructure. (2) The NSW emissions intensity for a calendar year must be calculated by—
(a) taking the reported amount, in tonnes of carbon dioxide equivalent, of all scope 1 emissions of greenhouse gas by NSW designated generation facilities for the calendar year, and (b) dividing the amount by the reported amount, in megawatt hours, of all electricity generated by NSW designated generation facilities for the calendar year, and (c) expressing the result in tonnes of carbon dioxide equivalent per megawatt hour.
clause 7