Australian electricity and gas markets – August 2023 Update

What you need to do

Stakeholders should note the market updates below, and note any impacts on their compliance obligations.

National Electricity Rules

2023年8月3日,澳大利亚能源市场Commission (AEMC):

• published aconsultation paperandinformation sheetinitiating arule change requestfrom the Australian Energy Market Operator (AEMO) proposing to clarify mandatory primary frequency response (PFR) obligations of scheduled bidirectional plant. The AEMC is seeking feedback on issues relating to the long-term provision of PFR and AEMO's proposed requirements for batteries to provide PFR when charging, discharging or enabled for market ancillary services. For more informationsee here;
• published aconsultation paperon AEMO'sIntegrating price-responsive resources into the NEMrule change request. The AEMC is seeking submissions on the need to integrate price-responsive resources into the NEM. Stakeholders are invited to make submissions on the paper until14 September 2023; and
• published adirections paperas part of theOperating reserve marketrule change. The paper proposes to not recommend an operating reserve market, acknowledging that while such a market could improve the visibility on reserve levels, it would introduce additional costs without offering performance improvements. The AEMC is seeking written submissions on the directions paper. For more informationsee here.

On 10 August 2023, the AEMC released adraft determinationanddraft ruleas part of theEnhancing community engagement in transmission buildingrule change. The draft rule seeks to enhance transmission service network providers (TNSPs)'s community engagement by:

• clarifying that TNSPs must engage with stakeholders who are reasonably expected to be affected by the development of the actionable Integrated System Plan (ISP) project, future ISP project, or projects within a Renewable Energy Zone stage;
• clarifying that TNSPs are required to consult with local communities during the regulatory investment test for transmission (RIT-T) process; and
• introducing community engagement expectations for TNSPs when engaging with local community stakeholders.

The AEMC is inviting submissions on the draft determination and draft rule until28 September 2023.

On 17 August 2023, the AEMC published aconsultation paper在清洁能源委员会(CEC)的Enhancing investment certainty in theR1 processrule change request.

For more information on the CEC's request, read our previous updatehere. The AEMC's paper seeks input on:

• current problems with the assessment of generator registration applications;
• the magnitude of the problems, including their effect on financing and the efficient completion and staging of generation projects; and
• the CEC’s proposed changes and whether there are alternative solutions.

Stakeholder submissions are invited until28 September 2023.

On 17 August 2023 the AEMC made afinal determinationandfinal ruleto remove the Australian Energy Regulator (AER)'s obligation to develop and update electricity consumption benchmarks. The AEMC has determined that removing this obligation will benefit consumers by providing the AER the ability to more agilely identify and respond to data needs. The final rule was effective from17 August 2023. For more information seehere.

On 24 August 2023, the AEMC released adirections paperanddraft ruleas part of the Improving security frameworks for theenergy transitionrule change. The AEMC's paper proposes a revised approach to its Operational Security Mechanism (OSM) rule changedraft determinationmade in September 2022. Feedback on the directions paper and draft rule are being sought until28 September 2023. The AEMC expects to publish a final determination later this year.

National Energy Retail Rules

No retail rule change requests were initiated in August. No AEMC determinations relevant to the National Energy Retail Rules were published.

National Gas Rules

On 4 August 2023, AEMOcommenced the first stage of consultationand published aconsultation paperon the structure of gas participant fees. The matters for consultation are the determination of a Participant Fee structure to apply to gas markets, Pipeline Capacity Trading, and East Coast Gas System Reform Program from 1 July 2024. AEMO has ceased taking submissions on the consultation paper and will publish a draft report and determination on22 September 2022. For more information seehere.

Other Updates

On 3 August 2023, the AER released adraft confidentiality guideline,draft cost allocation guideline,draft legal and functional separation guidelineanddraft guidance noteto support the regulation of network infrastructure projects under the NSW Electricity Infrastructure Roadmap. These guidelines are intended to support the AER's function as a Regulator under the NSWElectricity Infrastructure Investment Act. For more information seehere.

On 10 August 2023, the Energy Ministers agreed theterms of referencefor a review of AEMO's ISP. The terms set out the purpose, scope, governance and process for the review, which aims to will determine the ideal scope, function, and form of a ‘supercharged’ ISP. For more information seehere.

On 17 August 2023, AEMO published its2023 Wholesale Electricity Market (WEM) Electricity Statement of Opportunities (ESOO) report. The WEM ESOO is an annual publication that identifies the investment in capacity from generation, storage, and demand side management needed to ensure a secure and reliable electricity supply for the South West Interconnected System over the coming 10 years. For more information seehere.

Finally, AEMO published its2023 NEM Electricity Statement of Opportunities report. The NEM ESOO provides a reliability outlook for the NEM in the coming decade. Without urgent and sustained investment in new sources of electricity, there are significant risks to reliability. In order to prevent any delay likely to put reliability at risk over the coming decade, planned generation, storage and transmission, supported by government programs, must be delivered urgently.

Please clickhereto see our latest Energy Alerts, as part of our Energy Alert Series.

Authors: Andre Dauwalder, Counsel; Nikita Summers, Graduate and Murray Rissik, Paralegal.