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The proposed outline of the Gas Information Services (GIS) rules was presented at the fourth meeting. No feedback or questions had been submitted to the IMO on the PUO's preparation of the Gas Services Information (GSI) Regulations and suggested that this item could now be closed. PUO has circulated an electronic copy of the GSI regulations overview to the GAB members.

9 2012 IMO to assess the life cycle costs of the GBB system (when funding is available to do so). Drafting began with the management sections of the GIS Rules, which are largely based on the existing Wholesale Electricity Market Rules. During the development of the GIS rules, the IMO intends to undertake two further rounds of consultation with stakeholders.

Draft GIS rules based on this design (may exclude emergency management facility rules). Requirements for an annual audit of IMO compliance with GIS rules and for independent 'certification' of the GBB system.

GAS INFORMATION SERVICES RULES Part 1 Introductory matters

Functions and powers of the IMO

CONSULTATION DRAFT

October 2012

Introductory matters

101 Name of Rules

102 GIS Objectives

103 Interpretation

104 Hierarchy of legal instruments

105 GIS Consultation Procedure

Division 1—General

201 Functions and powers of the IMO

202 Delegation

Division 2—Gas Advisory Board and Working Groups

203 The Gas Advisory Board

204 Composition of the Gas Advisory Board (1) The Gas Advisory Board must consist of

205 Appointment matters for the Gas Advisory Board

206 Constitution for the Gas Advisory Board

207 IMO to provide Secretariat for the Gas Advisory Board

208 Gas Advisory Board may establish Working Groups

Division 3— IMO and Working Groups

209 Establishment of Working Groups The IMO may establish Working Groups to

GAS INFORMATION SERVICES RULES Part 5 Rulemaking

Rule Change Procedure

501 Rule making by the IMO

502 Ministerial policy directions

503 Rulemaking test

504 Factors for IMO consideration

Division 2—Initiating changes to the Rules

505 Initiating a Rule Change Proposal

506 Application form for Rule Change Proposal (WEM 2.4.4)

507 IMO Decision to Propose a Rule Amendment (1) [WEM 2.5.6] Within five working days of the latest of:.

507 IMO decision to progress a Rule Change Proposal (1) [WEM 2.5.6] Within five Business Days of the later of

508 Rule Change Notice

507 IMO Decision to Propose a Rule Amendment (1) [WEM 2.5.6] Within five working days of the latest of:. e) whether the rule amendment proposal will be brought forward and the reasons why the rule amendment proposal will be brought forward or not.

Division 3—Fast Track Rule Change Process

509 Consultation for Fast Track Rule Change Process

510 Final Rule Change Report for Fast Track Rule Change Process (1) Within 20 Business Days of publishing a Rule Change Notice for a Rule Change

Division 4—Standard Rule Change Process

511 Submissions Standard Rule Change Process

512 Gas Advisory Board Advice

513 Draft Rule Change Report

514 Final Rule Change Report

Division 5—Submissions and public forums

515 Right to make submissions and comments

516 IMO may publish submissions and comments unless confidential Subject to applicable confidentiality requirements under the GIS Laws, the IMO

517 Public forums or workshops

Division 6—Extension of Rule change timeframes

518 IMO may extend timeframes

The IMO must publish a notice of extension of the deadline when it has decided to extend the prescribed deadline and update any information already published. a) reasons for the proposed extension;.

Division 7—Protected Provisions

520 IMO to notify Minister at start of Rule Change Process

521 Minister must approve changes to Protected Provisions

4) [2.8.4] Subject to regulation 522, the Minister shall, within 20 working days of the filing of a protected provision amendment by the IMO, decide whether the amended regulations are to be made taking into account the GIS objectives. a) approve the preparation of the amended rules;. 522 Minister may extend time for approving amendment of protected provision (1) [WEM 2.8.6] Minister may extend time for a decision on a protected.

522 Minister may extend time to approve Protected Provision Amendment (1) [WEM 2.8.6]The Minister may extend the time for a decision on a Protected

523 Approval of Minister may be deemed for Protected Provision Amendment

524 Minister to give reasons where Protected Provision Amendment not approved

525 Consultation where Minister proposes revisions to Protected Provision Amendment

25 Business Days after submissions close and this Division 7 applies to the revised Final Rule Change Report.

Division 8—Making and Commencement of Amending Rules

526 Making of Amending Rules (NGL 313- WEM 2.8.11-12) Amending Rules are made

527 Operation and commencement of Amending Rules

528 IMO to publish up to date version of Rules (NERL 264 and WEM 10.5) The IMO must, at all times, maintain on the IMO Website a copy of the Gas

GAS INFORMATION SERVICES RULES Part 6 Procedures

Procedures

601 IMO may make Procedures

602 Matters about which Procedures may be made

Draft note - the list of subjects above is based on the current national BB procedures (Part 15B NGR) and is indicative only of the types of cases that may be subject to proceedings. In general, it is expected that the majority of the GBB provisions will be located in the regulations.

603 IMO may initiate a Procedure Change Proposal

604 Procedure Change Proposal

605 Submissions

606 Gas Advisory Board Advice

607 Procedure Change Report

608 Extension of timeframes

609 Operation and commencement of Procedures

GAS INFORMATION SERVICES RULES Part 7 Compliance and Enforcement

Compliance and enforcement

Division 1—Compliance

701 Obligation of the IMO to monitor compliance

702 Compliance reports

Division 2—Enforcement

703 Enforcement by the IMO of breaches by GIS Participants

8) [WEM 2.13.14] Where a GIS Participant fails to comply with sub-rule (7), the IMO may appoint a person to investigate the matter and provide a report or such other documentation as the IMO may require and:. a) The GIS participant must assist the person in conducting the investigation and preparing the report or other documentation; and. 3) [WEM 2.13.17] Where the IMO issues a penalty notice under sub-regulation (1), the GIS Participant who has received the penalty notice may apply to the Board for a review of that decision in accordance with the Gas Regulations. a) the alleged breach relates to a Category B or Category C rule (as determined in accordance with the Gas Regulations); and. The IMO may order a GIS Participant to do or refrain from doing anything that the IMO considers necessary or desirable to give effect to or to assist in complying with an order from the Board.

Division 3—Compliance by the IMO

707 Investigating potential breaches by the IMO

708 Annual compliance audit for the IMO

GAS INFORMATION SERVICES RULES Part 10 Glossary

Interpretation

Glossary

Draft note: The definitions in the Glossary will be further developed as the remaining parts of the GIS rules are developed. Board means the Electricity Review Board established under section 50 of the Energy Arbitration and Review Act 1998. Category A rule means the rules classified as Category A rules in the Gas Regulations for the purposes of imposing civil penalties under the Gas Regulations.

Category B rule means the rules that are classified as Category B rules in the Gas Regulations for the purpose of imposing civil penalties under the Gas Regulations. Category C rule means the rules that are classified as Category C rules in the Gas Regulations for the purpose of imposing civil penalties under the Gas Regulations. Economic Regulation Authority means the body established in accordance with § 4, subsection 1, of the Economic Regulation Authority Act 2003. b) Electricity Industry Wholesale Electricity Market) Regulations 2004.

Final rule change report means:. a) for a Fast Track Rule Change Process, a report published by the IMO under regulation 510. Gas Bulletin Board has the meaning given by section 4 of the Gas Services Information Act 2012. Gas Information Services means the services listed in regulation [xx] for the purpose of determining the allowable income for IMO.

Rules made by the IMO under these Rules, including Rules amending or revoking—. i) Initial rules of Gas Information Services; or (ii) Rules made by him. Gas Regulations means the Gas Services Information Regulations 2012 made under the Gas Services Information Act 2012. Gas Opportunities Statement has the meaning given by section 6 of the Gas Services Information Act 2012 and is contained in Part XX of the Rules.

GIS objectives include those set out in Rule 102 of the Rules and in Section 6 of the GSI Act. Independent Market Operator means the body established under the Electricity Industry Regulations 2004 (Independent Market Operator). Protected provisions are provisions of the rules that can only be changed with the approval of the Minister.

Division 1—General Interpretation Matters

1101 Singular includes plural

1102 Material that is, and is not, part of Rules

1103 Differences in drafting practice not to affect meaning Differences of language between provisions of these Rules and

1104 Time of commencement of a Rule

1105 Time and time limits

Division 2—Functions and Powers

1106 Presumption of validity and power to make

1108 Powers to appoint imply certain incidental powers

1109 Power to make instrument or decision includes power to amend or repeal

1110 Delegation

If a delegation clause is included in the Gas Regulations, the above rule may not be required.

Division 3—Notices, publication and single documentation

1111 Giving of notice to persons

If a delegation clause is included in the Gas Regulation, the above rule may not be required. ii) by leaving it at, or sending it by post, fax or similar facility to the person's last known address of residence or usual place of business; or. iii) by sending it electronically to that person. i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or (ii) by sending it by mail, facsimile or similar facility to the registrant. office or usual place of business; or. iii) by sending it electronically to that body corporate or an officer of the body corporate.

1112 Publication on websites

1113 Single documentation (NGL 68A)

Agenda Item 7: GIS Design Draft – Issues for Discussion

  • RECOMMENDATIONS It is recommended that the GAB

Chevron As currently proposed, users consuming less than 10TJ/d do not need to provide information. APPEA Given the nature of the WA gas market, and to meet the objectives of Principle 3, the threshold for Large Users should not be less than 5TJ/day of consumption. APPEA information presented by the GBB and GSOO must provide a sufficient level of detail of gas demand to effectively meet the GSI Act's objection of "facilitating competition in the use of natural gas services in the state."

APPEA APPEA supports eight Guiding Principles, with Principle 3, in particular, being vital to ensure that the information presented in the GBB and GSOO is useful to all gas market participants and meets the stated objectives of the GSI Act. APPEA In accordance with recommendation 30 and to meet Principles 1, 2 and 3 of the Draft Design Report, demand capacity should be requested from large registered Users. Verve Verve Energy still has some concerns about confidentiality and the release of commercially sensitive information.

In addition, it is proposed that large end-users such as Verve Energy will submit metered data on its individual outlets to the DBNGP at the end of each gas day and that these will be published on the GBB. Verve Energy questions whether private meters are subject to the same GBB data delivery requirements. Verve Verve Energy questions whether there is a mismatch in the definition of nameplate capacity for large user facilities and the registration requirements for large user facilities.

Objective: To identify interzonal pipeline segments for the publication of interzonal pipeline performance data. The definition is not intended to require pipeline operators to change current practices for monitoring their pipelines. Issue: The draft GIS design report proposed defining pipeline segments based on compressor stations.

Registered pipeline segments – pipeline operators will still be required to register all pipeline segments as defined in the draft report;. Reported pipeline segments or ranges of segments – where appropriate, the IMO will aggregate ranges of pipeline segments for the purpose of defining the segments or ranges of segments that pipeline operators are required to provide information (and the IMO to publish information) in relation to. DBP DBP questions whether the level of granularity required of pipeline operators (and associated aggregation costs) is necessary to serve the information needs of the market at large.

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