On 8 May 2002, NECA granted BHP Steel (AIS) Pty Limited an exemption from the requirement to register as a network service provider and the operation of Chapter 5 of the National Electricity Code. The exemption was granted under clause 2.5.1 of the National Electricity Code in accordance with NECA's NSP Registration Exemption Guidelines, and is subject to the following conditions:
- BHP Steel only serving customers connecting to the existing BHP Steel Port Kembla site;
- customers having unrestricted access to the retailer(s) of their choice and retailers being permitted to serve customers connected to the BHP Steel network;
- network charges being applied to customers in accordance with the methodology set out in paragraph (e) of BHP Steel's letter of 29 April 2002 including applicable TransGrid charges at cost;
- customers having access to an external dispute resolution mechanism equivalent in function to that available to customers under the National Electricity Code;
- the network being maintained at least to the standards specified in the connection arrangements with the local distributor; and
- BHP Steel at all times remaining compliant with the relevant requirements of the New South Wales jurisdiction for the licencing or exemption from licencing of the network.