Making a rule change request
Submitting a written request
The official process for making a rule change request begins by submitting a written request to the AEMC which must contain certain information prescribed by the regulations such as:
- the name and address of the person making the request
- a description of the rule that the proponent proposes be made
- a statement of the nature and scope of the issue concerning the existing rules that is to be addressed by the proposed rule change request and an explanation of how the proposed rule change request would address the issue
- an explanation of how the proposed rule change request will or is likely to contribute to the achievement of the relevant energy objective
- an explanation of the expected potential impacts of the proposed change to the rules on those likely to be affected including costs and benefits
- In the case of a rule change request from an energy regulatory body that could be a “fast tracked” rule, a summary of the consultation conducted by the energy regulatory body is required.
Generally, the AEMC will publish a rule change request on our website as a pending rule change within two weeks of receiving it so that stakeholders are aware that it has been submitted. The rule change is “pending” until the AEMC makes a formal decision to initiate the rule change process.
Following receipt of the rule change the AEMC decides whether to formally initiate the rule change process after considering whether:
- the rule change request adequately addresses all the above matters
- the rule change request appears not to be misconceived or lacking in substance
- the subject matter of the rule change request appears to be within the scope of the AEMC's powers to make a rule
- the subject matter of the rule change request appears not to relate to a rule made (or not proceeded with), in the previous 12 months or if the AEMC are already taking action in relation to the subject matter.
The process of making a rule change request can begin well before a formal request is submitted to the AEMC. Consultation with other parties who would be affected by a rule change can help frame a more effective and targeted proposal.
AEMC staff are also available to assist proponents in developing their proposal. The submission of a rule change request is not intended to be onerous or require a deep level of technical expertise on the part of the proponent.
The AEMC will initiate the rule change process unless we have significant concerns in relation to one of the matters referred to above (for example, if the AEMC clearly would not have the rule-making power to address the issues raised in the rule change request).
Following submission of a rule change request, the project team and the proponent may continue to have informal discussions to gain a greater understanding of the issues identified in the request.
Timing of initiation
The timing of initiation of a rule change request is guided by a number of considerations including the order requests are received as well as practical considerations such as the resources and expertise available given other projects underway and in the pipeline.
Once initiated, we will undertake our own analysis, along with the collective expertise of the rule change proponent and other stakeholders through a consultative process, to determine whether a change to the rule is consistent with promoting the energy objectives.
The AEMC may decide to consolidate a rule change request with another rule change request if we consider it necessary or desirable that they should be dealt with together.
Stages of the rules change process
View the different stages of a rule change project
- Making a rule change request
- Consultation paper
- Draft determination consultation
- Final determination
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