The Australian Energy Regulator has today released its Non-scheme Pipeline Arbitration Guide.
The purpose of the guide is to give pool arbitrators, prospective users and service providers for non-scheme pipelines guidance about the process for requesting access and the determination of access disputes under the National Gas Law and the National Gas Rules.
The arbitration mechanism is intended to provide a credible threat of intervention to constrain the exercise of market power during negotiations. The AER is the scheme administrator under arbitration mechanism (expect in Western Australia) and has established a pool of experienced arbitrators to determine access disputes.
The AER may correct errors in arbitrated access determinations. It also maintains a register which contains information regarding arbitrated access determinations.