The ACCC has accepted access undertakings under s 44ZZA of the TPA from electricity network service providers. You can view access undertakings from transmission and distribution network service providers on the Access to services register under the public registers section of the website. Access undertakings from market network services providers are attached below.
Network service providers were required to submit these access undertakings to the ACCC under the National Electricity Code. These requirements have been removed from the National Electricity Rules. However, a network service provider can still submit an access undertaking to the ACCC in connection with access to its network services if it wishes to do so. The ACCC will continue to consider such undertakings in accordance with the requirements of s 44ZZA.
The transitional provisions in the new National Electricity Law (Schedule 3, clauses 7 to 9) provide that any reference in a document (however described) to the “National Electricity Code” or to a “code participant” (other than NEMMCO) is to be read as a reference to the “National Electricity Rules” or to a “registered participant” respectively. For the avoidance of doubt, the Australian Energy Market Regulations 2005 (Cth) apply these provisions to access undertakings given in accordance with the requirements of the National Electricity Code. This means that the access undertakings referred to above continue in effect, subject to these modifications.
NEM access code
The ACCC has approved a NEM access code under s 44ZZAA of the TPA. This access code was submitted to the ACCC by NECA, as a prescribed industry body under s 44ZZAA. The NEM access code consists of all provisions of the National Electricity Code except chapter 3. Where a network service provider submits an access undertaking to the ACCC in accordance with an access code, s 44ZZA(4A) permits the ACCC to accept the undertaking without public consultation. The NEM access is attached below.
With the commencement of the new National Electricity Law, the National Electricity Code has been replaced by the National Electricity Rules and NECA’s responsibilities for rule making have passed to the Australian Energy Market Commission. At this time, no revisions to the NEM access code have been submitted to the ACCC to reflect the National Electricity Rules. Any person who is considering submitting an access undertaking to the ACCC in accordance with the NEM access code is advised to contact the ACCC before doing so.
On 6 February 2002 the Australian Competition and Consumer Commission (ACCC) received an Access Undertaking from Murraylink Transmission Company Pty Ltd (MTC), in accordance with Part IIIA of the Trade Practices Act 1974 (TPA). MTC is a Market Network Service Provider (MNSP) who proposes to provide access to the Murraylink interconnector, which will be an unregulated link connecting the Victorian and South Australian electricity grids.
