The Western Australian Energy (Gas) Review Board performs the functions of the Appeals Body under the National Gas Access Code . The Board also performs certain appeals functions under the Electricity Industry Act 2004 , reviews certain decisions under the Wholesale Electricity Market Rules, and makes determinations about market participant’s behaviour under those Rules.
The Gas Pipelines Access (Western Australia) Act 1998 provides for the Governor to establish panels of legal practitioners and experts from which the Board is selected from time to time.
A legal practitioner selected by the Attorney General from the panel of legal practitioners and two experts chosen by the legal practitioner from the panel of experts constitute the Board.
The Board may review a decision of:
- the Authority concerning the grant, amendment or transfer of an electricity supply licence;
- the Authority as to terms and conditions to include in an electricity supply licence;
- the Authority to refuse to approve proposed standard form contracts for electricity supply licensees;
- the Authority to approve or not approve an access arrangement submitted under the Electricity Networks Access Code 2004 ;
- the Authority as to ringfencing obligations of a network service provider; and
- the Minister for Energy that an electricity network be "covered" under the Electricity Networks Access Code 2004 .
- the Independent Market Operator under the Wholesale Electricity Market Rules
- other matters under the Wholesale Electricity Market Rules
The process for the Board hearing disputes under the Electricity Industry Act 2004 will largely reflect the process set out in the Gas Pipelines Access (Western Australia) Act 1998 .
Following the commencement of the wholesale electricity market (expected to be 21 September 2006), the Board will also perform certain determination and appeal functions relating to the conduct of market participants in the wholesale electricity market.
A person seeking to lodge an application for review of a decision by the Energy (Gas) Review Board should lodge their application as follows:
Mr K Peter Kolf
Western Australian Energy (Gas) Review Board
C/- Economic Regulation Authority
Level 6, 197 St Georges Terrace
Perth Western Australia 6000
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