On 25 August 2022, the Australian Competition and Consumer Commission (the ACCC) made a draft determination proposing to grant authorisation, with conditions, to enable the Australian Energy Market Operator (AEMO) and energy industry participants to engage in certain coordination, input sharing, and information sharing activities for the purpose of ensuring the reliable operation of energy systems (the Proposed Conduct).
Authorisation is not sought for any conduct regarding the wholesale or retail prices of gas or electricity.
On 1 July 2022, the ACCC granted interim authorisation with conditions to the arrangements to allow the participants to engage in this conduct while the ACCC completes its assessment process.
AEMO has had authorisations for similar conduct since April 2020 in relation to the effects of the COVID-19 Pandemic on energy systems. There are now additional circumstances of uncertainty and disruption to energy systems created by the Russian invasion of Ukraine, extreme and/or unusual weather conditions along the east coast, higher than usual levels of unplanned outages and delays and deferrals of maintenance over the past two years. These conditions mean collaboration between the Parties may need to occur throughout the winter and summer peaks and likely at short notice. Given this ongoing uncertainty, the Proposed Conduct is likely to result in public benefits by ensuring ongoing energy supply.
The ACCC proposes to grant authorisation until 31 March 2023 as sought, with the same reporting and transparency conditions that apply to the interim authorisation.
The ACCC is now seeking submissions in response to the draft determination by 9 September 2022. Further details about the application and how to make a submission are available on the ACCC public register at: AEMO Energy Industry Coordination.