Part 5 - Transitional provisions
76. Treatment of allocations for consumption prior to go-live date
76.1 Any allocations for consumption periods occurring prior to the go-live date are to be completed in accordance with any existing allocation agreements and by the incumbent person appointed to carry out allocation and reconciliation functions under those agreements.
76.2 To avoid doubt, the allocation agent's functions under rules 52 and 53 do not apply to consumption periods occurring prior to the go-live date.
Annual UFG factor during the transitional period
77. Transitional period
In rules 78 to 81, transitional period means the period commencing on the go-live date and ending on 30 September 2010.
78. Provision of information during transitional period
78.1 Prior to or during the transitional period, the allocation agent may give notice to:
78.1.1 A retailer requiring it to provide, to the extent possible in the circumstances, the allocation agent with the consumption information for a particular gas gate for the 12-months ending 30 September 2007 or ending 30 September 2008; and
78.1.2 A transmission system owner requiring it to provide, to the extent possible in the circumstances, the allocation agent with the total energy quantities injected for a particular gas gate for the 12-months ending 30 September 2007 or ending 30 September 2008.
78.2 An allocation participant must comply with a notice issued under rule 78.1 within 10 business days of receiving such notice.
78.3 Except where rule 79.2.3 applies, if any of the information or quantities requested under rule 78.1 are unavailable or are unable to be provided by those allocation participants in the circumstances, the allocation agent must estimate that information or those quantities for the particular gas gate in accordance with rule 43.
79. Calculation and application of annual UFG factors during transitional period
79.1 Despite anything in rules 45 and 46, when performing an initial allocation, an interim allocation or a final allocation for a consumption period that falls within the transitional period, the allocation agent must:
79.1.1 Calculate the annual UFG factor for a particular gas gate in accordance with this rule; and
79.1.2 For the purposes of rule 45.2.3, apply the annual UFG factor calculated in accordance with this rule.
79.2 Subject to rule 79.3, for the purposes of this rule, the annual UFG factor means –
79.2.1 For gas consumed during the 12-months ended 30 September 2009, the factor determined in accordance with the following formula:
AUFG = ∑EIt1 / ∑CIt1
Where:
AUFG is the applicable annual UFG factor for the gas gate for the consumption period
∑EIt1 is the sum of the actual daily energy quantities injected for a particular gas gate for the 12-months ended 30 September 2007 (in GJ)
∑CIt1 is the sum of the best available consumption information for all allocation groups for the gas gate for the 12-months ended 30 September 2007 (in GJ).
79.2.2 For gas consumed during the 12-months ended 30 September 2010, the factor determined in accordance with the following formula:
AUFG = ∑EIt2 / ∑CIt2
Where:
AUFG is the applicable annual UFG factor for the gas gate for the consumption period
∑EIt2 is the sum of the actual daily energy quantities injected for a particular gas gate for the 12-months ended 30 September 2008 (in GJ)
∑CIt2 is the sum of the best available consumption information for all allocation groups for the gas gate for the 12-months ended 30 September 2008 (in GJ).
79.2.3 Where:
- no actual daily energy quantities injected or no consumption information, during the periods specified in rules 79.2.1 or 79.2.2, exist for a gas gate; or
- such quantities or information are so incomplete that the allocation agent considers it is unreasonable to estimate such quantities or information in accordance with rule 78.3;
the factor determined in accordance with the following formula:
AUFG = ∑EIall / ∑CIall
Where:
AUFG is the applicable annual UFG factor for the gas gate for the consumption period
∑EIall is the sum of the actual daily energy quantities injected for all gas gates (as calculated under rules 79.2.1 or 79.2.2) for the 12-months ended 30 September 2007 or 2008, as applicable (in GJ)
∑CIall is the sum of the best available consumption information for all allocation groups for all gas gates (as calculated under rules 79.2.1 or 79.2.2) for the 12-months ended 30 September 2007 or 2008, as applicable (in GJ).
79.3 Where the annual UFG factor calculated in accordance with rule 79.2:
79.3.1 is less than 0.985, the annual UFG factor to be applied at that gas gate for the purposes of this rule is 0.985; or
79.3.2 exceeds 1.035, the annual UFG factor to be applied at that gas gate for the purposes of this rule is 1.035.
79.4 Despite anything in rule 46.4.2, during the transitional period, the allocation agent must determine and publish the annual UFG factor which will apply for gas consumed in the gas year beginning on –
79.4.1 1 October 2008 as soon as practicable after the date this rule comes into force and no later than 10 business days before the go-live date; and
79.4.2 1 October 2009 on the 1st business day of July 2009.
80. Industry body may commission event audit for capped gas gate
80.1 Where the annual UFG factor calculated in rule 79.2 for a particular gas gate would have been less than 0.985 or exceeded 1.035 but for rule 79.3:
80.1.1 the allocation agent must as soon as practicable give notice to the industry body; and
80.1.2 the industry body may commission an event audit under rule 66 to ascertain the cause or causes of the level of UFG at the gas gate.
80.2 If the industry body commissions an event audit under rule 80.1.2, it must give notice of the event audit to all affected allocation participants at the gas gate.
81. Transitional exemption
81.1 Despite anything in rules 19 and 20 the industry body may, in its discretion and upon the terms and conditions (if any) that it thinks fit, exempt any allocation participant, class of allocation participants, gas gate or the allocation agent from complying with one or more of these rules during the transitional period.
81.2 A transitional exemption applies for the period set out in the exemption and must set out alternative arrangements for complying with one or more of the rules.
81.3 The industry body may by notice require an allocation participant or the allocation agent to set out in detail any reasons why an exemption is needed, the period for which the exemption should be in effect, and what alternative arrangements should apply.
81.4 If the industry body is satisfied that a transitional exemption should be granted, the industry body may by notice grant the transitional exemption to the allocation participant, class of allocation participants, gas gate or the allocation agent which, in addition to stating the alternative arrangements that will apply, may be subject to such other conditions as the industry body thinks fit.
81.5 If the industry body grants a transitional exemption under rule 81.4. it must give notice of the transitional exemption to the allocation participants affected by the exemption and the allocation agent.
ICP information during the pre-registry period
82. Pre-registry period
In rules 83 and 84, pre-registry period means the period commencing on the go-live date and ending on the go-live date specified and defined in rule 5 of the Gas (Switching Arrangements) Rules 2008.
83. Allocation participant obligations during pre-registry period
For the purposes of rules 26, 28, 29 and 30, during the pre-registry period, the obligations on allocation participants set out in those rules apply but only to the extent those obligations are able to be complied with as a result of the application of rule 84.
84. Responsible retailer and associated information during the pre-registry period
Despite anything else in these rules, during the pre-registry period the following rules apply:
84.1 Allocation group means one of the allocation groups set out in rule 6.2 and to which each consumer installation is assigned in accordance with rule 29.
84.2 Responsible retailer means, for a particular ICP or consumer installation:
84.2.1 The retailer whose retailer code is shown on the distributor's ICP database for that ICP or consumer installation for all or part of a consumption period; or
84.2.2 In the event of a dispute under rule 84.3, the retailer determined as the responsible retailer by the allocation agent.
84.3 If an allocation participant disputes the retailer code shown on a distributor's ICP database, then:
84.3.1 The allocation participant may give notice of that dispute to the allocation agent; and
84.3.2 No later than 20 business days after receiving such notice, the allocation agent must:
- determine who is the responsible retailer for the purposes of allocations under these rules, after having regard to the views (if any) of the affected allocation participants concerned; and
- give notice of its determination to the affected allocation participants concerned.
84.4 The allocation agent may require an allocation participant to provide to the allocation agent any information relevant to ascertaining who is the responsible retailer for an ICP or consumer installation, whether that information is held on the distributor's ICP database or otherwise.
84.5 For the purposes of rule 23.1:
84.5.1 The nominated office, postal address, facsimile number and electronic address of retailers, distributors and meter owners is the information provided to the allocation agent under rule 84.5.2; and
84.5.2 Prior to the go-live date, each retailer, distributor and meter owner must provide to the allocation agent its telephone number, physical address, facsimile number, email address, and postal address; and indicate whether they are a retailer, distributor or meter owner.
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