On 29 June 2006 the ACCC received an application from the Independent Market Operator (IMO) for authorisation under Part VII of the Trade Practices Act 1974 in relation to the Western Australian Wholesale Electricity Market Rules (the Market Rules).
The Trade Practices Act 1974 provides that the ACCC may authorise conduct or arrangements that may breach the Act where it is satisfied that the public benefits from the conduct or arrangements outweigh the public detriment constituted by any lessening of competition.
The IMO seeks authorisation of conduct required under the Market Rules for participation in the South West Interconnected System (SWIS). If granted, the authorisation will apply to the IMO, the Electricity Networks Corporation, all persons registered (or subsequently to register) with the IMO as a Rule Participant, and any person or body on which the Market Rules or the Wholesale Electricity Market Regulations confers functions, powers or responsibilities.
Authorisation is sought for the Market Rules as a whole, for a period of no less than 15 years.
The ACCC invites submission from interested parties relating to the public benefits and public detriments likely to arise as a result of authorisation of the Market Rules.
Applications for authorisation relating to the electricity and gas industries are considered by the Australian Energy Regulator (AER). The AER provides advice to the ACCC, which is the decision-making body. As such, applicants and interested parties may deal with ACCC staff from the AER.
Interested parties may make submissions by sending them electronically to AERInquiry
aer [dot] gov [dot] au (AERInquiry[at]aer[dot]gov[dot]au), or to:
Mike Buckley
General Manager
Networks Regulation North
Australia Energy Regulator
PO Box 1199
Dickson ACT 2602
Unless confidentiality is requested submissions will be publicly available and placed on the ACCC's public register and website. If you wish to include information that is confidential it should be clearly marked as such. A statement providing reasons for the confidentiality claim should also be submitted.