Administrative Functions
CHAPTER 8

8.	Administrative Functions
Part A	Introductory
8.1	Administrative functions
8.1.1	[Deleted]
8.1.2	[Deleted]
8.1.3	Structure of this Chapter
Note
Clause 8.1.3(b)(5) and (7) has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
(a)	This Chapter describes some of the key processes and obligations associated with the administration of the Rules and deals also with augmentations.
(b)	It is divided into Parts as follows:
(1)	this Part is introductory;
(2)	Part B deals with dispute resolution;
(3)	Part C deals with the obligations of Registered Participants to maintain confidentiality;
(4)	Part D deals with monitoring and reporting;
(5)	Part E deals with the structure and responsibilities of the Reliability Panel;
(6)	Part F sets out the Rules consultation procedures;
(7)	Part G deals with funding for the Consumer Advocacy Panel;
(8)	Part H deals with augmentations.
(c)	[Deleted]
(d)	[Deleted]
(e)	[Deleted]
(f)	[Deleted]
(g)	[Deleted]
Part B	Disputes
.
Note:
This Part has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016).
Part C	Registered Participants' confidentiality obligations
8.6	Confidentiality
8.6.1	Confidentiality
Note
Clause 8.6.1(d) and (e) has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
(a)	Each Registered Participant must use all reasonable endeavours to keep confidential any confidential information that comes into the possession or control of the Registered Participant or of which the Registered Participant becomes aware.
(b)	A Registered Participant:
(1)	must not disclose confidential information to any person except as permitted by the Rules;
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(2)	must only use or reproduce confidential information for the purpose for which it was disclosed or another purpose contemplated by the Rules; and
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(3)	must not permit unauthorised persons to have access to confidential information.
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(c)	Each Registered Participant must use all reasonable endeavours:
(1)	to prevent unauthorised access to confidential information which is in the possession or control of that Registered Participant; and
(2)	to ensure that any person to whom it discloses confidential information observes the provisions of this rule 8.6 in relation to that information.
(d)	The officers of a Transmission Network Service Provider participating in transmission service pricing must not be involved in or associated with competitive electricity trading activities of any other Registered Participant.
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(e)	A Transmission Network Service Provider participating in transmission service pricing must provide to any Transmission Network Service Provider or Registered Participant which supplies information for transmission service pricing an undertaking that the Transmission Network Service Provider to which that information was supplied will comply with the confidentiality requirements set out in clause 6.9.2.
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
8.6.1A	Application
For the purposes of this Part only, "Registered Participant" is deemed to include not just Registered Participants but also Metering Providers and Metering Data Providers.
8.6.2	Exceptions
Note
Clause 8.6.2(l) has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
This rule 8.6 does not prevent:
(a)	(public domain): the disclosure, use or reproduction of information if the relevant information is at the time generally and publicly available other than as a result of breach of confidence by the Registered Participant who wishes to disclose, use or reproduce the information or any person to whom the Registered Participant has disclosed the information;
(b)	(employees and advisers): the disclosure of information by a Registered Participant or the Registered Participant's Disclosees to:
(1)	an employee or officer of the Registered Participant or a related body corporate of the Registered Participant; or
(2)	a legal or other professional adviser, auditor or other consultant (in this clause 8.6.2(b) called Consultants) of the Registered Participant,
which require the information for the purposes of the Rules, or for the purpose of advising the Registered Participant or the Registered Participant's Disclosee in relation thereto;
(b1)	(service providers): the disclosure of NMI Standing Data or the provision of means to gain electronic access to that data by a Customer or the Customer's Disclosees to a person who requires the NMI Standing Data for the purposes of providing services in connection with the Customer's sale of electricity to end users.
(c)	(consent): the disclosure, use or reproduction of information with the consent of the person or persons who provided the relevant information under the Rules;
(d)	(law): the disclosure, use or reproduction of information to the extent required by law or by a lawful requirement of:
(1)	any government or governmental body, authority or agency having jurisdiction over a Registered Participant or its related bodies corporate; or
(2)	any stock exchange having jurisdiction over a Registered Participant or its related bodies corporate;
(d1)	[Deleted]
(e)	(disputes): the disclosure, use or reproduction of information if required in connection with legal proceedings, arbitration, expert determination or other dispute resolution mechanism relating to the Rules, or for the purpose of advising a person in relation thereto;
(f)	(trivial): the disclosure, use or reproduction of information which is trivial in nature;
(g)	(safety): the disclosure of information if required to protect the safety of personnel or equipment;
(h)	(potential investment): the disclosure, use or reproduction of information by or on behalf of a Registered Participant to the extent reasonably required in connection with the Registered Participant's financing arrangements, investment in that Registered Participant or a disposal of that Registered Participant's assets;
(i)	(regulator): the disclosure of information to the AER, the AEMC or the ACCC or any other regulatory authority having jurisdiction over a Registered Participant, pursuant to the Rules or otherwise;
(j)	(reports): the disclosure, use or reproduction of information of an historical nature in connection with the preparation and giving of reports under the Rules;
(k)	(aggregate sum): the disclosure, use or reproduction of information as an unidentifiable component of an aggregate sum; and
(l)	(profile): the publication of a profile.
(m)	[Deleted]
(n)	[Deleted]
(o)	[Deleted]
8.6.3	Conditions
In the case of a disclosure under clauses 8.6.2(b), 8.6.2(b1), 8.6.2(h), prior to making the disclosure the Registered Participant that wishes to make the disclosure must inform the proposed recipient of the confidentiality of the information and must take appropriate precautions to ensure that the proposed recipient keeps the information confidential in accordance with the provisions of this rule 8.6 and does not use the information for any purpose other than that permitted under clause 8.6.1.
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
8.6.4	[Deleted]
8.6.5	Indemnity to AER, AEMC and AEMO
Each Registered Participant must indemnify the AER and the AEMC against any claim, action, damage, loss, liability, expense or outgoing which the AER or the AEMC pays, suffers, incurs or is liable for in respect of any breach by that Registered Participant or any officer, agent or employee of that Registered Participant of this rule 8.6.
8.6.6	AEMO information
Note
This clause has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
AEMO must develop and, to the extent practicable, implement a policy:
(a)	to protect information which it acquires pursuant to its various functions from use or access which is contrary to the provisions of the Rules;
(b)	to disseminate such information in accordance with its rights, powers and obligations in a manner which promotes the orderly operation of any market; and
(c)	to ensure that AEMO, in undertaking any trading activity except the procurement of ancillary services, does not make use of such information unless the information is also available to other Registered Participants.
8.6.7	Information on Rules Bodies
Note
This clause has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
AEMO must, in consultation with the AEMC, develop and implement policies concerning:
(a)	the protection of information which Rules bodies acquire pursuant to their various functions from use or access by Registered Participants or Rules bodies which is contrary to the provisions of the Rules; and
(b)	the dissemination of such information where appropriate to Registered Participants.
Part D	Monitoring and reporting
8.7	Monitoring and Reporting
8.7.1	Monitoring
(a)	[Deleted]
(b)	The AER must, for the purpose of performing its monitoring functions:
(1)	determine whether Registered Participants are complying with the Rules;
(2)	assess whether the dispute resolution and Rules enforcement mechanisms are working effectively in the manner intended; and
(3)	[Deleted]
(4)	collect, analyse and disseminate information relevant and sufficient to enable it to comply with its reporting and other obligations and powers under the Rules.
(c)	The AER must ensure that, to the extent practicable in light of the matters set out in clause 8.7.1(b), the monitoring processes which it implements under this rule 8.7:
(1)	are consistent over time;
(2)	do not discriminate unnecessarily between Registered Participants;
(3)	are cost effective to both the AER and all Registered Participants; and
(4)	subject to confidentiality obligations, are publicised or available to the public.
8.7.2	Reporting requirements and monitoring standards for Registered Participants
Note
Clause 8.7.2(a)(2) and (4) and (b)(2) has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
(a)	For the purpose of performing its monitoring functions, the AER must establish:
(1)	reporting requirements which apply to all or particular categories of Registered Participants in relation to matters relevant to the Rules;
(2)	reporting requirements for AEMO in relation to matters relevant to the Rules;
(3)	procedures and standards generally applicable to Registered Participants relating to information and data received by them in relation to matters relevant to the Rules;
(4)	procedures and standards applicable to AEMO relating to information and data received by it in relation to matters relevant to the Rules; and
(5)	procedures and standards applicable to the AER relating to information and data received by the AER from Registered Participants in relation to matters relevant to the Rules.
(b)	The AER must:
(1)	after consultation with the AEMC and Registered Participants in accordance with the Rules consultation procedures, establish the requirements and standards and procedures referred to in clause 8.7.2(a)(1), (3) and (5); and
(2)	after consultation with the AEMC and such Registered Participants as the AER considers appropriate, establish the requirements referred to in clause 8.7.2(a)(2).
In formulating such requirements or procedures and standards, the AER must take into consideration the matters set out in clause 8.7.1(c).
(c)	Subject to clause 8.7.2(d), the AER must notify to all Registered Participants particulars of the requirements and procedures and standards which it establishes under this clause 8.7.2.
(d)	For the purpose of performing its monitoring functions, the AER may establish additional or more onerous requirements or procedures and standards which do not apply to all or a particular category of Registered Participants. In formulating such requirements or procedures and standards, the AER must take into consideration the matters set out in clause 8.7.1(c) and is not required to consult in accordance with the Rules consultation procedures but must consult with the relevant Registered Participants. In such a case, and if the AER considers it appropriate to do so, the AER may choose to notify only those Registered Participants to whom these additional or more onerous requirements or procedures and standards apply.
(e)	Each Registered Participant must comply with all requirements, procedures and standards established by the AER under this rule 8.7 to the extent that they are applicable to it within the time period specified for the requirement, procedure or standard or, if no such time period is specified, within a reasonable time. Each Registered Participant must bear its own costs associated with complying with these requirements, procedures and standards.
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(f)	In complying with its obligations or pursuing its rights under the Rulesa Registered Participant must not recklessly or knowingly provide, or permit any other person to provide on behalf of that Registered Participant. misleading or deceptive data or information to any other person (including the AER).
Note
This clause is classified as a civil penalty provision under the National Electricity (South Australia) Regulations. (See clause 6(1) and Schedule 1 of the National Electricity (South Australia) Regulations.)
(g)	Any Registered Participant may ask the AER to impose additional or more onerous requirements, procedures or standards under clause 8.7.2(d) on a Registered Participant in order to monitor or assess compliance with the Rules by that Registered Participant. When such a request is made, the AER may but is not required to impose the additional or more onerous requirements, procedures or standards.
If the AER decides to impose additional or more onerous requirements, procedures or standards on a Registered Participant, the AER may determine the allocation of costs of any additional compliance monitoring undertaken between the relevant Registered Participants. The relevant Registered Participants must pay such costs as allocated. In the absence of such allocation, the Registered Participant which is subject to the additional or more onerous requirements, procedures or standards must bear its own costs of compliance.
(h)	The AER must develop and implement guidelines in accordance with the Rules consultation procedures governing the exercise of the powers conferred on it by clause 8.7.2(g) which guidelines must set out the matters to which the AER must have regard prior to deciding the allocation of costs of any additional or more onerous requirements, procedures or standards imposed pursuant to clause 8.7.2(g) between the relevant Registered Participants.
8.7.3	Consultation required for making general regulatory information order (Section 28H of the NEL)
(a)	Before the AER makes a general regulatory information order, it must publish:
(1)	the proposed order;
(2)	an explanatory statement that sets out objectives of the proposed order; and
(3)	an invitation for written submissions on the proposed order.
(b)	The invitation must allow no less than 30 business days for the making of submissions (and the AER is not required to consider any submission made after the period has expired).
(c)	The AER may publish such issues, consultation and discussion papers, and hold such conferences and information sessions, in relation to the proposed order as it considers appropriate.
(d)	Within 80 business days of publishing the documents referred to in paragraph (a), the AER must:
(1)	consider any submissions made in response to the invitation within the period allowed in the invitation;
(2)	make a final decision on the order; and
(3)	publish the final decision including:
(i)	a statement of the reasons for the final decision (including a summary of each material issue raised in the submissions and the AER's response to it); and
(ii)	if the final decision is to make the order (either in the terms in which it was proposed or in modified terms) – the order in its final form.
(e)	The AER may extend the time within which it is required to publish its final decision if:
(1)	the consultation involves questions of unusual complexity or difficulty; or
(2)	the extension has become necessary because of circumstances beyond the AER's control.
8.7.4	Preparation of network service provider performance report (Section 28V of the NEL)
(a)	Before the AER embarks on the preparation of network service provider performance reports, the AER must consult with:
(1)	network service providers; and
(2)	bodies representative of the network service providers and network service users; and
(3)	the public generally;
in order to determine appropriate priorities and objectives to be addressed through the preparation of network service provider performance reports.
(b)	In the course of preparing a network service provider performance report, the AER:
(1)	must consult with the network service provider or network service providers to which the report is to relate; and
(2)	must consult with the authority responsible for the administration of relevant jurisdictional electricity legislation about relevant safety and technical obligations; and
(3)	may consult with any other persons who have, in the AER's opinion, a proper interest in the subject matter of the report; and
(4)	may consult with the public.
(b1)	In preparing a network service provider performance report, the AER must have regard to the Distribution Reliability Measures Guidelines.
(c)	A network service provider to which the report is to relate:
(1)	must be allowed an opportunity, at least 30 business days before publication of the report, to submit information and to make submissions relevant to the subject matter of the proposed report; and
(2)	must be allowed an opportunity to comment on material of a factual nature to be included in the report.
8.7.5	[Deleted]
8.7.6	Recovery of reporting costs
Note
Clause 8.7.6 has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
Where, under the Rules, AEMO is entitled or required to publish or give information, notices or reports to:
(a)	any Registered Participant, any court, the ACCC or the AER, unless the context otherwise requires, AEMO must not charge those persons a separate fee for providing them with a copy of the information or report and the costs in providing that service must be recovered through the Participant fees described in rule 2.12;
(b)	any other person, AEMO may charge that person a fee which is appropriate to cover the costs of providing that service.
Part E	Reliability panel
Note
This part has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
8.8	Reliability Panel
8.8.1	Purpose of Reliability Panel
(a)	The functions of the Reliability Panel are to:
(1)	monitor, review and report on the performance of the market in terms of reliability of the power system;
(1a)	on the advice of AEMO, determine the system restart standard;
(1b)	review and make recommendations on the reliability standard and reliability settings under clause 3.9.3A;
(2)	review and, on the advice of AEMO, determine the power system security standards;
(2a)	for the purposes of clause 4.2.6(b), develop and publish principles and guidelines that determine how AEMO should maintain power system security while taking into account the costs and benefits to the extent practicable;
(2b)	determine, and modify as necessary, and publish the template for generator compliance programs;
(2c)	on the advice of AEMO, determine which non-credible contingency events are to be protected events and any conditions applicable to the determination, in accordance with clause 8.8.4;
(2d)	if the Reliability Panel considers it necessary or desirable, determine guidelines for power system frequency reviews conducted by AEMO under clause 5.20A.1; requests for protected event declaration by AEMO under clause 5.20A.4; or the Reliability Panel's determination of protected events under clause 8.8.4;
(2e)	if the Reliability Panel considers it necessary or desirable, identify scenarios AEMO must study in preparing the EAAP for the purposes of clause 3.7C(k)(1);
(3)	while AEMO has power to issue directions in connection with maintaining or re-establishing the power system in a reliable operating state, determine guidelines governing the exercise of that power;
(4)	while AEMO has power to enter into contracts for the provision of reserves, determine policies and guidelines governing AEMO's exercise of that power;
(5)	report to the AEMC and participating jurisdictions on overall power system reliability matters concerning the power system and on the matters referred to in clauses 8.8.1(a)(1b), (2), (2c) and (3), and make recommendations on market changes or changes to the Rules and any other matters which the Reliability Panel considers necessary;
(6)	monitor, review and publish a report on the system standards in terms of whether they appropriately and adequately describe the expected technical performance conditions of the power system;
(7)	monitor, review and publish a report on the implementation of automatic access standards and minimum access standards as performance standards in terms of whether:
(i)	their application is causing, or is likely to cause, a material adverse effect on power system security; and
(ii)	the automatic access standards and minimum access standards should be amended or removed;
(8)	consider requests made in accordance with clause 5.3.3(b2) and, if appropriate, determine whether an existing Australian or international standard, or a part thereof, is to be adopted as a plant standard for a particular class of plant; and
(9)	determine guidelines identifying or providing for the identification of operating incidents and other incidents that are of significance for the purposes of the definition of "Reviewable operating incident" in clause 4.8.15.
(b)	In performing its functions set out in clause 8.8.1(a)(1) the Reliability Panel must not monitor, review or report on the performance of the market in terms of reliability of distribution networks, although it may collate, consider and report information in relation to the reliability of distribution networks as measured against the relevant standards of each participating jurisdiction in so far as the reliability of those networks impacts on overall power system reliability.
(c)	The principles and guidelines published under clause 8.8.1(a)(2a):
(1)	must be developed, and may only be amended, in accordance with the consultation process set out in clause 8.8.3;
(2)	must include transitional arrangements which take into account the need to allow for the development and testing of an appropriate methodology by AEMO; and
(3)	must take into account the results of any decision to revise network constraints.
(d)	A request for declaration of a protected event, or revocation of a declaration, may only be made, and must be determined, in accordance with clause 8.8.4.
8.8.2	Constitution of the Reliability Panel
(a)	The Reliability Panel must consist of:
(1)	a commissioner of the AEMC appointed by the AEMC to act as chairperson for a period of up to three years;
(2)	the chief executive officer or a delegate of AEMO; and
(3)	at least 5 but not more than 8 other persons appointed by the AEMC for a period of up to three years, such persons to include:
(A)	a person representing Generators;
(B)	a person representing Market Customers;
(C)	a person representing Transmission Network Service Providers;
(D)	a person representing Distribution Network Service Providers;
(E)	a person representing the interests of end use customers for electricity; and
(F)	at the AEMC's discretion, up to 3 other persons representing interests not otherwise represented, in order to achieve the broad representation described in clause 8.8.2(c)(1).
(b)	Subject to clause 8.8.2(d) any person who has previously served on the Reliability Panel is eligible for reappointment to the Reliability Panel in accordance with this clause 8.8.2.
(c)	In making appointments to the Reliability Panel under clause 8.8.2(a)(3), the AEMC must, to the extent reasonably practicable and subject to clause 8.8.2(c1), give effect to the intention that the persons so appointed:
(1)	should be broadly representative, both geographically and by reference to Registered Participants and participating jurisdictions, of those persons with direct interests in the reliability and safety of electricity supply under the market arrangements and in power system security;
(2)	may include Registered Participants or their representatives or participating jurisdictions;
(3)	must be independent of AEMO; and
(4)	must, except in the case of the persons representing Network Service Providers appointed under clauses 8.8.2(a)(3)(C) and (D), be independent of all System Operators,
and if at any time:
(5)	a person on the Reliability Panel, other than the chief executive officer or a delegate of AEMO, ceases to be independent of AEMO; or
(6)	a person on the Reliability Panel, other than the persons representing Network Service Providers appointed under clauses 8.8.2(a)(3)(C) and (D), ceases to be independent of any System Operator,
the AEMC must remove that person from the Reliability Panel.
(c1)	The persons referred to in clauses 8.8.2(a)(3)(A), (B), (C) and (D) must be appointed and removed by the AEMC after consultation with the class of Registered Participants the person is to represent, and the AEMC must:
(1)	appoint a person agreed to by at least one third in number of the relevant class of Registered Participants, having regard to the preference expressed by the majority of the Registered Participants in the relevant class who responded in writing to the consultation by the AEMC; and
(2)	commence consultation on the removal of such a person if requested to do so by a member of the relevant class of Registered Participants, and must remove that person if so agreed by at least one third in number of the relevant class of Registered Participants.
(d)	The AEMC may remove any member of the Reliability Panel, including the chairperson, at any time during his or her term in the following circumstances:
(1)	the person becomes of unsound mind or his or her estate is liable to be dealt with in any way under a law relating to mental health; or
(2)	the person fails to discharge the obligations of that office imposed by the Rules.
(d1)	The persons referred to in clauses 8.8.2(a)(3)(E) and (F) must be appointed and removed by the AEMC after such consultation as the AEMC considers appropriate with the classes of interests those persons represent and, subject to such consultation, may be removed at any time for any reason.
(e)	A person may resign from the Reliability Panel by giving notice in writing to that effect to the AEMC.
(f)	The Reliability Panel must meet and regulate its meetings and conduct its business in accordance with the Rules.
(g)	A decision of the Reliability Panel on any matter may be made by a majority of the members comprising the Reliability Panel. Where the members of the Reliability Panel are equally divided on any matter, the chairperson has a casting vote.
(h)	The AEMC may appoint a commissioner of the AEMC (other than the chairperson of the AEMC or the chairperson of the Reliability Panel) as the acting chairperson of the Reliability Panel on a standing basis. If the chairperson of the Reliability Panel is unable to perform the obligations of that office for an extended period of time (including any period in which a scheduled meeting of the Reliability Panel is held), the chairperson must notify the acting chairperson. The acting chairperson has the powers and functions of the chairperson of the Reliability Panel for such periods of time.
8.8.3	Reliability Panel review process
(a)	As soon as practicable, the Reliability Panel must determine:
(1)	the power system security standards;
(2)	the guidelines referred to in clause 8.8.1(a)(3);
(3)	the policies and guidelines referred to in clause 8.8.1(a)(4);
(4)	the guidelines referred to in clause 8.8.1(a)(9);
(5)	the system restart standard; and
(6)	the template for generator compliance programs,
in accordance with this clause 8.8.3.
(aa)	The system restart standard must:
(1)	be reviewed and determined by the Reliability Panel in accordance with the SRAS Objective;
(2)	identify the maximum amount of time within which SRASs are required to restore supply in an electrical sub-network to a specified level, under the assumption that supply (other than that provided under a SRASs agreement acquired by AEMO for that electrical sub-network) is not available from any neighbouring electrical sub-network;
(3)	include the aggregate required reliability of SRASs for each electrical sub-network;
(4)	apply equally across all regions, unless the Reliability Panel varies the system restart standard between electrical sub-networks to the extent necessary:
(A)	to reflect any technical system limitations or requirements; or
(B)	to reflect any specific economic circumstances in an electrical sub-network, including but not limited to the existence of one or more sensitive loads;
(5)	specify that a SRAS can only be acquired by AEMO under a SRASs agreement for one electrical sub-network at any one time;
(6)	include guidelines to be followed by AEMO in determining electrical sub-networks, including the determination of the appropriate number of electrical sub-networks and the characteristics required within an electrical sub-network (such as the amount of generation or load, or electrical distance between generation centres, within an electrical sub-network); and
(7)	include guidelines specifying the diversity and strategic locations required of SRASs.
(b)	At least once each financial year and at such other times as the AEMC may request, the Reliability Panel must conduct a review of the performance of the market in terms of reliability of the power system, the reliability standard, the power system security standards, the system restart standard, the guidelines referred to in clause 8.8.1(a)(3), the policies and guidelines referred to in clause 8.8.1(a)(4) and the guidelines referred to in clause 8.8.1(a)(9). The Reliability Panel must conclude each annual review under this clause by the end of the financial year following the financial year to which the review relates.
(ba)	At least every 5 years from the date the template for generator compliance programs is determined pursuant to clause 8.8.3(a) and at such other times as the AEMC may request, the Reliability Panel must conduct a review of the template for generator compliance programs in accordance with this clause 8.8.3. Following such a review, the Reliability Panel may amend the template for generator compliance programs in accordance with its report to the AEMC submitted under clause 8.8.3(j).
(c)	Subject to paragraph (c1), the AEMC must advise the Reliability Panel of the terms of reference for any determination or review by the Reliability Panel.
(c1)	The AEMC:
(1)	may advise the Reliability Panel of standing terms of reference in relation to the reviews described in clauses 8.8.3(b) and 8.8.3(ba) from time to time; and
(2)	may, but is not required to, advise the Reliability Panel of terms of reference in relation to the review described in clause 8.8.1(a)(1b).
(c2)	The Reliability Panel must follow the consultation process in paragraphs (d) to (l) when carrying out its functions, unless otherwise specified in this paragraph or elsewhere in the Rules. The Reliability Panel is not required to follow the process in paragraphs (d) to (l) for the purposes of its functions under clauses 8.8.1(a)(1b), 8.8.1(a)(2c), 8.8.1(a)(2e), 8.8.1(a)(8) or 8.8.3(b).
(d)	The Reliability Panel must give notice to all Registered Participants of the commencement of a determination or review by requesting the AEMC to publish the notice pursuant to paragraph (k). The notice must give particulars of the terms of reference for the determination or review (as the case may be) and the deadline for the receipt of any submissions to the Reliability Panel.
(e)	The deadline for receipt of submissions must not be earlier than 4 weeks following publication of the notice required under paragraph (d) or such other time specified by the AEMC in any request for a review.
(f)	The Reliability Panel may hold a meeting open to the public for any determination or review by the Reliability Panel, and must hold such a meeting if an interested party requests one in writing. The Reliability Panel must give reasonable notice of any such meeting.
(g)	The meeting referred to in paragraph (f):
(1)	may be conducted in person, by telephone, video conference or other method of communication selected by the Reliability Panel; and
(2)	if conducted in person, must be held in the capital city of one of the participating jurisdictions as selected by the Reliability Panel.
(h)	The Reliability Panel may obtain such technical advice or assistance from time to time as it thinks appropriate including, without limitation, advice or assistance from AEMO and any Registered Participant.
(i)	In undertaking any review and preparing any report and recommendations, the Reliability Panel must take into consideration the policy statements, directions or guidelines published by the AEMC from time to time.
(j)	Following the conclusion of the meeting (if any) conducted pursuant to paragraph (f) and consideration by the Reliability Panel of any submissions or comments made to it, the Reliability Panel must submit a written report to the AEMC on the review setting out its recommendations or determinations, its reasons for those recommendations or determinations and the procedure followed by the Reliability Panel in undertaking the review or determination. The report must be submitted to the AEMC by the deadline for reporting specified by the AEMC in any request for a review.
(k)	The AEMC must, within 10 days of receiving from the Reliability Panel a notice, report or other document pursuant to this clause 8.8.3, publish that document on the AEMC website (with the exclusion of material that cannot be disclosed consistently with the AEMC's obligations of confidentiality).
(l)	The recommendations of the Reliability Panel may include (without limitation) recommended changes to the Rules in relation to matters concerning reliability of the power system.
8.8.4	Determination of protected events
(a)	A request for declaration of a non-credible contingency event as a protected event or for the revocation of such a declaration may only be submitted by AEMO. The request must be in accordance with clause 5.20A.4 or clause 5.20A.5 as applicable.
(b)	The Reliability Panel must comply with the Rules consultation procedures in relation to the determination of each request under paragraph (a).
(c)	In determining the request, the Reliability Panel must have regard to the information provided by AEMO in the request and may request further information or obtain such technical advice or assistance from time to time as it thinks appropriate including, without limitation, information, advice or assistance from AEMO and any Registered Participant.
(d)	In determining the request, the Reliability Panel may undertake its own assessment of the costs and benefits of managing the non-credible contingency event as a protected event, including:
(1)	costs to operate the power system in a secure operating state if the event is declared;
(2)	costs associated with any proposal for a new or modified emergency frequency control scheme or other network investment in connection with managing the event;
(3)	the benefits of mitigating the consequences of the event occurring by managing it as a protected event.
(e)	In making a determination that declares a non-credible contingency event to be a protected event or revokes that declaration, the Reliability Panel must have regard to the national electricity objective.
(f)	When the Reliability Panel makes a determination under this clause, then subject to the provisions in the Rules applicable to protected events, the Reliability Panel may at the same time determine any other matters that the Reliability Panel considers necessary or appropriate in relation to the protected event, which may include:
(1)	provision for the declaration of the protected event or the revocation of a declaration to come into effect at a future time, which may be a specified date or may be determined by reference to matters specified in the determination, such as the commissioning of a new or modified emergency frequency control scheme or the satisfaction of other conditions specified in the determination;
(2)	matters relating to the availability and operation of an emergency frequency control scheme;
(3)	matters relating to AEMO's operation of the power system for that protected event; and
(4)	changes to the principles and guidelines published under clause 8.8.1(a)(2a) to apply in respect of the protected event for the purposes of clause 4.2.6(b).
(g)	When the Reliability Panel makes a determination under this clause that provides for the availability and operation of a new or modified emergency frequency control scheme in connection with a protected event, the Reliability Panel must at the same time determine the protected event EFCS standard applicable to the scheme.
(h)	The final report of the Reliability Panel under the Rules consultation procedures must include:
(1)	if the Reliability Panel has determined to make a declaration, the terms of the declaration, any conditions applicable to it and any other matters determined under paragraph (f) or (g);
(2)	the rationale for the determination, including the costs and benefits that the Reliability Panel had regard to and the rationale for any protected event EFCS standard determined by the Reliability Panel; and
(3)	where applicable, any other options considered and the corresponding expected power system security outcomes and costs and benefits.
(i)	The Reliability Panel must maintain and publish a list of all protected events (including events that will be protected events when the relevant declaration comes into effect) and each protected event EFCS standard.
Part F	Rules consultation procedures
8.9	Rules Consultation Procedures
(a)	These provisions apply wherever in the Rules any person (the consulting party) is required to comply with the Rules consultation procedures. For the avoidance of doubt, the Rules consultation procedures are separate from, and do not apply to, the process for changing the Rules under Part 7 of the NEL.
(b)	The consulting party must give a notice to all persons nominated (including Intending Participants in the class of persons nominated) by the relevant provision as those with whom consultation is required or, if no persons are specifically nominated, AEMO, all Registered Participants and interested parties, (Consulted Persons) giving particulars of the matter under consultation, by publishing the notice in accordance with rule 8.9(c).
(c)	Except where the consulting party is the AEMC or the AER, the consulting party must provide a copy of the notice referred to in rule 8.9(b) to AEMO, or to the AEMC where the consulting party is the Reliability Panel. Within 3 business days of receiving the notice AEMO must publish the notice on its website. Where the AEMC or the Reliability Panel is the consulting party, the AEMC must publish the notice referred to in rule 8.9(b) on its website. Where the AER is the consulting party, the AER must publish the notice referred to in rule 8.9(b) on its website.
(d)	The notice must invite interested Consulted Persons to make written submissions to the consulting party concerning the matter.
(e)	A written submission may state whether a Consulted Person considers that a meeting is necessary or desirable in connection with the matter under consultation and, if so, the reasons why such a meeting is necessary or desirable. To be valid, a submission must be received not later than the date specified in the notice (not to be less than 25 business days after the notice referred to in rule 8.9(b) is published).
(f)	The consulting party must consider all valid submissions within a period of not more than a further 20 business days. If the consulting party, after having considered all valid submissions, concludes that it is desirable or necessary to hold any meetings, the consulting party must use its best endeavours to hold such meetings with Consulted Persons who have requested meetings within a further 25 business days.
(g)	Following the conclusion of any meetings held in accordance with rule 8.9(f) and the consulting party's consideration of a matter under consultation, the consulting party must publish a draft report in accordance with rule 8.9(h), available to all Consulted Persons, setting out:
(1)	the conclusions and any determinations of the consulting party;
(2)	its reasons for those conclusions;
(3)	the procedure followed by the consulting party in considering the matter;
(4)	summaries of each issue, that the consulting party reasonably considers to be material, contained in valid written submissions received from Consulted Persons or in meetings, and the consulting party's response to each such issue; and
(5)	in a notice at the front of the draft report, an invitation to Consulted Persons to make written submissions to the consulting party on the draft report,
and, subject to its confidentiality obligations, the consulting party must make available to all Consulted Persons, on request, copies of any material submitted to the consulting party.
(h)	Except where the consulting party is the AEMC or the AER, the consulting party must provide a copy of the draft report referred to in rule 8.9(g) to AEMO, or to the AEMC where the consulting party is the Reliability Panel. Within 3 business days of receiving the draft report AEMO must publish the draft report on its website. Where the AEMC or the Reliability Panel is the consulting party, the AEMC must publish the draft report referred to in rule 8.9(g) on its website. Where the AER is the consulting party, the AER must publish the draft report referred to in rule 8.9(g) on its website.
(i)	To be valid, a submission invited in a notice referred to in rule 8.9(g)(5) must be received not later than the date specified in the notice (not to be less than 10 business days after the publication of the draft report pursuant to rule 8.9(h) or such longer period as is reasonably determined by the consulting party having regard to the complexity of the matters and issues under consideration).
(j)	The consulting party must consider all valid submissions within a period of not more than a further 30 business days.
(k)	Following the conclusion of the consulting party's consideration of all valid submissions the consulting party must publish a final report in accordance with rule 8.9(l), available to all Consulted Persons, setting out:
(1)	the conclusions and any determinations of the consulting party on the matter under consultation;
(2)	its reasons for those conclusions;
(3)	the procedure followed by the consulting party in considering the matter;
(4)	summaries required pursuant to rule 8.9(g)(4); and
(5)	summaries of each issue, that the consulting party reasonably considers to be material, contained in valid written submissions received from Consulted Persons on the draft report and the consulting party's response to each such submission,
and, subject to its confidentiality obligations, the consulting party must make available to all Consulted Persons, on request, copies of any material submitted to the consulting party.
(l)	Except where the consulting party is the AEMC or the AER, the consulting party must provide a copy of the final report referred to in rule 8.9(k) to AEMO, or to the AEMC where the consulting party is the Reliability Panel. Within 3 business days of receiving the final report AEMO must publish the final report on its website. Where the AEMC or the Reliability Panel is the consulting party, the AEMC must publish the final report referred to in rule 8.9(k) on its website. Where the AER is the consulting party, the AER must publish the final report referred to in rule 8.9(k) on its website.
(m)	The consulting party must not make the decision or determination in relation to which the Rules consultation procedures apply until the consulting party has completed all the procedures set out in this clause.
(n)	Notwithstanding rule 8.9(m), substantial compliance by a consulting party with the procedures set out in this clause is sufficient.
Part G	Consumer advocacy funding
Note
This part has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations).
8.10	Consumer advocacy funding obligation
(a0)	In this rule:
consumer advocacy funding obligation means ECA's total projected expenses for a financial year, in so far as those expenses are allocated to electricity in its final Annual Budget for that financial year, and including but not limited to:
(1)	all operational and administrative costs relating to the performance of ECA's activities relevant to consumers of electricity; and
(2)	grant funding for any current or proposed grants relevant to consumers of electricity.
final Annual Budget  means ECA's final Annual Budget for a financial year, as issued by ECA in accordance with its constitution to AEMO.
(a)	AEMO must pay to ECA the amount of its consumer advocacy funding obligation for each financial year.
(b)	AEMO may recover the costs of meeting its consumer advocacy funding obligation from Participant fees and may allocate the costs to Market Customers;
(c)	The amount to be paid by AEMO to ECA under paragraph (a) is to be made available under a scheme agreed between AEMO and ECA or, in default of an agreement, on a quarterly basis;
Part H	Augmentations
Note:
This Part has no effect in this jurisdiction (see regulation 5A of the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016).
8.11	Augmentations
8.11.1	Application
This Part applies only to, and in relation to, the declared transmission system of an adoptive jurisdiction in which AEMO is authorised to exercise its declared network functions.
8.11.2	Object
The objects of this rule are:
(1)	to establish the distinction between contestable augmentations and augmentations that are not contestable; and
(2)	to regulate the process for calling, receiving and evaluating tenders for the construction and operation of a contestable augmentation; and
(3)	to facilitate the construction and operation of augmentations; and
(4)	to provide guidance on risk allocation and other commercial principles to be reflected in network agreements and augmentation connection agreements; and
(5)	to make provision for certain matters with respect to AEMO's planning of the declared shared network.
8.11.3	Definitions
In this Part:
augmentation connection agreement has the meaning given in the NEL.
augmentation direction means a direction given by AEMO to an incumbent declared transmission system operator to construct an augmentation of a declared shared network that is not a contestable augmentation.
contestable augmentation means an augmentation classified as a contestable augmentation under clause 8.11.6.
contestable provider means a person responsible for the construction or operation of a contestable augmentation.
incumbent declared transmission system operator means the declared transmission system operator that owns or operates the part of the transmission system to which the augmentation will connect.
potential contestable provider means a person who responds positively to a call for expressions of interest in constructing and operating a contestable augmentation under clause 8.11.7(b).
relevant limit means $10 million.
separable augmentation means an augmentation that satisfies both the following criteria:
(a)	the augmentation will result in a distinct and definable service to be provided by the contestable provider to AEMO;
(b)	the augmentation will not have a material adverse effect on the incumbent declared transmission system operator's ability to provide services to AEMO under any relevant network agreement.
8.11.4	Planning criteria
(a)	AEMO must publish the planning criteria that it proposes to use in performing its declared network functions.
(b)	The planning criteria:
(1)	must outline the principles on which AEMO will carry out a cost benefit analysis of a proposed augmentation under section 50F of the NEL; and
(2)	must describe how AEMO proposes to apply a probabilistic approach in determining the benefit of a proposed augmentation; and
(3)	must describe the kind of circumstances in which a probabilistic approach will be regarded as inappropriate; and
(4)	may deal with any other aspect of planning inherent in, or related to, AEMO's declared network functions.
8.11.5	Construction of augmentation that is not a contestable augmentation
(a)	An incumbent declared transmission system operator must, at AEMO's written request, provide AEMO with information and assistance that AEMO reasonably requires to decide:
(1)	whether to give an augmentation direction; and
(2)	if so, the terms of the direction.
(b)	If AEMO gives an augmentation direction, AEMO and the incumbent declared transmission system operator must negotiate in good faith with a view to reaching agreement on the terms of an appropriate amendment to the operator's network agreement covering:
(1)	the operation of the augmentation; and
(2)	the use of the augmentation to provide shared network capability services; and
(3)	the basis on which AEMO will pay for shared network capability services provided by means of the augmentation.
Note:
If there is a dispute about the proposed amendment, the AER may resolve the dispute and determine the terms of the amendment under section 50H and 50J of the NEL.
(c)	An incumbent declared transmission system operator that is required by, or agrees with, a Connection Applicant to construct an augmentation that is not a contestable augmentation, must negotiate with the Connection Applicant in good faith with a view to reaching agreement on the terms of an appropriate amendment to their connection agreement.
(d)	However, if the incumbent declared transmission system operator applies for revocation and substitution of its revenue determination on the basis of an augmentation direction, or a requirement by or agreement with a Connection Applicant to construct an augmentation that is not a contestable augmentation, negotiations are not required on a matter to which the application relates.
8.11.6	Contestable augmentations
(a)	Subject to paragraph (b), an augmentation of a declared shared network is a contestable augmentation if:
(1)	the capital cost of the augmentation is reasonably expected to exceed the relevant limit; and
(2)	the augmentation is a separable augmentation.
(b)	An augmentation of a declared shared network is not a contestable augmentation if:
(1)	AEMO classifies the augmentation as non-contestable because the delay in implementation that would necessarily result from treating the augmentation as a contestable augmentation would unduly prejudice power system security; or
(2)	AEMO classifies the augmentation as non-contestable because it does not consider it economical or practicable to treat the augmentation as a contestable augmentation.
8.11.7	Construction and operation of contestable augmentation
(a)	For the purpose of procuring the construction and operation of a contestable augmentation, AEMO must:
(1)	publish a generally applicable tender and evaluation process that accords with best practice as currently understood and may include, but need not be limited to:
(i)	typical timetables for the tender and evaluation process; and
(ii)	details of typical evaluation criteria; and
(iii)	indications of the way in which different matters are to be or might be weighted for evaluation purposes; and
(iv)	provision for declaration and management of conflicts of interest; and
(v)	provision for the debriefing of unsuccessful tenderers; and
(2)	publish a register of persons who have from time to time expressed interest in being contestable providers and keep the register up to date to reflect the developing market.
(b)	For each contestable augmentation, AEMO must:
(1)	call for expressions of interest from persons who may be interested in constructing and operating the proposed contestable augmentation; and
(2)	prepare, in consultation with the incumbent declared transmission system operator, a timetable allowing AEMO and the incumbent declared transmission system operator a reasonable time to comply with their respective obligations and allowing a reasonable construction period having regard to the nature and extent of the augmentation; and
(3)	prepare, in consultation with the incumbent declared transmission system operator, a detailed tender specification setting out the scope of the work involved in the augmentation, including details of the technical interface required for the augmentation; and
(4)	prepare and issue an invitation to tender setting out details of the contestable augmentation and the tender and evaluation process - details that must (without limitation):
(i)	provide as much certainty as is reasonably practicable to tenderers regarding the terms and conditions subject to which they are invited to tender for the work involved in the contestable augmentation; and
(ii)	identify the relevant land (if any) that is available for or in connection with the contestable augmentation, including (to the extent reasonably practicable) details of current usage and, if available, a geotechnical and environmental report on the land; and
(iii)	specify (to the extent reasonably practicable) the services to be provided under the network agreement;
(5)	make available to potential contestable providers a copy of any proposed augmentation connection agreement or network agreement.
(c)	The incumbent declared transmission system operator must:
(1)	provide, within a reasonable period specified by AEMO, information and assistance reasonably required by AEMO for the preparation of the tender documents such as information about the technical interface and information required for the preparation of the tender specification; and
(2)	negotiate in good faith with a potential contestable provider about changes to the proposed augmentation connection agreement that are sought or suggested by that potential contestable provider.
(d)	The incumbent declared transmission system operator may tender for work involved in a contestable augmentation.
(e)	AEMO must evaluate, assess and negotiate responses to the invitation to tender in accordance with the published tender and evaluation process.
(f)	After completing the tender and evaluation process, AEMO must notify all persons who submitted tenders of the successful tender.
(g)	AEMO may only proceed with a contestable augmentation on the basis of a tender accepted after evaluation and assessment in accordance with the published tender and evaluation process.
(h)	The successful tenderer:
(1)	must enter into an agreement with AEMO, based on the successful tender, for the construction of the augmentation; and
(2)	must (unless the incumbent declared transmission system operator is itself the successful tenderer) enter into an augmentation connection agreement with the incumbent declared transmission system operator.
(i)	This clause does not apply to a funded augmentation unless AEMO and the Connection Applicant agree to the conduct of a tender process.
8.11.8	Funded augmentations that are not subject to the tender process
(a)	This clause applies to a contestable augmentation that is a funded augmentation except in the case where AEMO and the Connection Applicant agree to the conduct of a tender process in accordance with clause 8.11.7.
(b)	For each contestable augmentation to which this clause applies, AEMO must:
(1)	prepare, in consultation with the incumbent declared transmission system operator and the Connection Applicant, a timetable allowing AEMO and the incumbent declared transmission system operator a reasonable time to comply with their respective obligations and allowing a reasonable construction period having regard to the nature and extent of the augmentation; and
(2)	prepare, in consultation with the incumbent declared transmission system operator and the Connection Applicant, a detailed specification setting out the scope of the work involved in the augmentation, including details of the technical interface required for the augmentation; and
(3)	make available to the incumbent declared transmission system operator and the Connection Applicant a copy of any proposed augmentation connection agreement.
(c)	The incumbent declared transmission system operator must:
(1)	provide, within a reasonable period specified by AEMO, information and assistance reasonably required by AEMO for the preparation of an agreement for the construction of proposed contestable augmentation; and
(2)	negotiate in good faith with the Connection Applicant about any changes to the proposed augmentation connection agreement that are sought or suggested by the Connection Applicant; and
(3)	enter into an augmentation connection agreement with the Connection Applicant.
(d)	The Connection Applicant must enter into an agreement with AEMO for the construction of the augmentation.
8.11.9	Contractual requirements and principles
(a)	A network agreement or an augmentation connection agreement related to a contestable augmentation should be consistent with the requirements and principles set out in Schedule 8.11 to this Chapter.
(b)	If a person submits a tender for a contestable augmentation proposing a network agreement or an augmentation connection agreement that is not consistent with the requirements and principles set out in Schedule 8.11 to this Chapter, the person must, in responding to the invitation to tender, include a statement drawing AEMO's attention to the inconsistency and explaining the reasons for it.
(c)	Despite the provisions of this clause and Schedule 8.11:
(1)	AEMO and the other party or parties to a network agreement may agree terms and conditions of an amendment that differ from the requirements and principles set out in Schedule 8.11; and
(2)	the parties to an augmentation connection agreement may, with AEMO's consent, agree terms and conditions that differ from the requirements and principles set out in Schedule 8.11.
8.11.10	Annual planning review
AEMO must in its annual planning review indicate:
(a)	which augmentations commenced in the previous year are contestable augmentations; and
(b)	which augmentations planned to commence in the present or future years are likely to be contestable augmentations.
Schedule 8.11	Principles to be reflected in agreements relating to contestable augmentations
S8.11.1	Risk allocation
(a)	This clause sets out the risk allocation principles.
(b)	Site/Construction Risk
Site/construction risk is the risk that unanticipated difficulties or liabilities associated with the site or the construction work will adversely affect the contestable provider's ability to deliver network services at the price agreed with AEMO. This risk comprises (for example) the risk of contamination of the land and the risk that unforeseen difficulties (such as difficulties in sourcing necessary materials) will impede the construction of the augmentation.
Site/construction risk is allocated to the contestable provider.
(c)	Statutory approval risk
This is the risk that a necessary planning, environmental, building or other approval will be refused or granted on conditions adversely affecting the costs of constructing or operating the contestable augmentation.
This risk is allocated to the contestable provider.
(d)	Native title risk
This is the risk that actual or potential native title claims will adversely affect the cost of the augmentation.
This risk is allocated to the contestable provider.
(e)	Output specification risk
This is the risk that inadequacies in the output specification will cause or contribute to design inadequacies. This risk is allocated to AEMO to the extent the inadequacies in the output specification are attributable to AEMO. To the extent the inadequacies are attributable to incorrect information provided by the incumbent declared transmission system operator, the risk is allocated to the operator.
(f)	Design, construction and commissioning risk
This is the risk that an unanticipated increase in the costs of the augmentation will have a significant adverse impact on the viability or profitability of the contestable augmentation.
This risk is allocated to the contestable provider.
(g)	Operating risk
This is the risk that the contestable provider will fail, for a reason other than force majeure or inadequate financial resources, to deliver the electricity network services purchased by AEMO. It includes (for example) the risk of systems failure.
This risk is allocated to the contestable provider.
(h)	Network and interface risk
This is the risk that the interface between the augmentation and the declared transmission system will not be constructed or operated in accordance with the tender specification or to a satisfactory standard with the result that the safety, reliability or security of the supply of electricity or the national electricity system (or both) will be adversely affected.
This risk is allocated to the party whose system affects the other in an adverse way. If, however, the adverse result is directly caused by the provision of incorrect information, the risk is allocated to the party that provided the incorrect information.
(i)	Industrial relations risk
This is the risk that industrial action will adversely affect the construction of the augmentation or the delivery of electricity network services by means of the augmentation.
This risk is allocated to the contestable provider. If, however, industrial action directed at the incumbent declared transmission system operator causes the adverse effect, the risk is allocated to the operator.
S8.11.2	Minimum requirements for agreements relating to contestable augmentation
(a)	An augmentation connection agreement must specify:
(1)	the technical and other details of connection (including the connection point); and
(2)	the performance standards that apply to the contestable provider.
(b)	There should be no material difference between performance standards that apply to the incumbentdeclared transmission system operator and those that apply to the contestable provider.
S8.11.3	Matters to be dealt with in relevant agreements
(a0)	In this clause:
relevant agreement means:
(a)	a network agreement; or
(b)	an augmentation connection agreement.
(a)	A relevant agreement should (in addition to the other requirements of the National Electricity Law and these Rules) contain provisions with respect to:
(1)	the risks set out in clause S8.11.1; and
(2)	force majeure events; and
(3)	project financing risks; and
(4)	liabilities and indemnities; and
(5)	any relevant regulatory obligation or requirement.
Part I	Values of customer reliability
8.12	Development of methodology and publication of values of customer reliability
(a)	For the purposes of this rule 8.12:
jurisdictional regulator means:
(1)	the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales;
(2)	the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria;
(3)	the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;
(4)	the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia;
(5)	the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory;
(6)	the Utilities Commission of the Northern Territory established by section 5(1) of the Utilities Commission Act of the Northern Territory;
(7)	the Regulator established by section 5 of the Electricity Supply Industry Act 1995 of Tasmania; and
(8)	any successors and assigns of a body referred to in paragraphs (1) to (6).
VCR methodology has the meaning given in clause 8.12(b).
VCR objective is that the VCR methodology and values of customer reliability should be fit for purpose for any current or potential uses of values of customer reliability that the AER considers to be relevant.
(b)	The AER must, in accordance with the Rules consultation procedures:
(1)	develop a methodology to be used by the AER to calculate values of customer reliability (VCR methodology); and
(2)	review and update the VCR methodology in accordance with paragraph (f).
(c)	Notwithstanding paragraph (b), the AER may make minor and administrative amendments to the VCR methodology without complying with the Rules consultation procedures.
(d)	The VCR methodology must:
(1)	include a mechanism for directly engaging with:
(i)	retail customers; and
(ii)	Customers (other than retailers),
which may include the use of surveys;
(2)	include a mechanism for adjusting the values of customer reliability on an annual basis; and
(3)	be published promptly after it has been developed under paragraph (b).
(e)	The AER must ensure that the VCR methodology developed under paragraph (b), and any values of customer reliability calculated in accordance with that methodology, are consistent with the VCR objective.
(f)	The AER must, prior to each date on which the values of customer reliability are updated under subparagraph (g)(2):
(1)	review the VCR methodology; and
(2)	following such review, publish either:
(i)	an updated VCR methodology; or
(ii)	a notice stating that the existing VCR methodology was not varied as a result of the review.
(g)	The AER must:
(1)	publish the first values of customer reliability, calculated in accordance with the VCR methodology, on or before 31 December 2019;
(2)	update the values of customer reliability at least once every five years, with the updated values to be published promptly thereafter; and
(3)	maintain on its website the values of customer reliability as updated from time to time.
(h)	For the purpose of complying with the Rules consultation procedures under paragraph (b), the AER must consult with:
(1)	the Reliability Panel;
(2)	AEMO;
(3)	each jurisdictional regulator;
(4)	Registered Participants; and
(5)	such other persons who, in the AER's reasonable opinion, have, or have identified themselves to the AER as having, an interest in the VCR methodology and values of customer reliability.