Electricity Review Board

The Western Australian Electricity Review Board (Board) performs certain appeals functions under the Electricity Industry Act 2004, reviews certain decisions under the Wholesale Electricity Market Rules, and makes determinations about market participant’s behaviour under those Rules.

A legal practitioner selected by the Attorney General from the panel of legal practitioners and two experts chosen by the legal practitioner from the panel of experts constitute the Board.

The Board may review a decision of:

• the Authority concerning the grant, amendment or transfer of an electricity supply licence;
• the Authority as to terms and conditions to include in an electricity supply licence;
• the Authority to refuse to approve proposed standard form contracts for electricity supply licensees;
• the Authority to approve or not approve an access arrangement submitted under the Electricity Networks Access Code 2004 ;
• the Authority as to ring fencing obligations of a network service provider;
• the Minister for Energy that an electricity network be "covered" under the Electricity Networks Access Code 2004;
• the Independent Market Operator under the Wholesale Electricity Market Rules; and
• other matters under the Wholesale Electricity Market Rules

The process for the Board hearing disputes under the Electricity Industry Act 2004 reflects the process set out in the Energy Arbitration and Review Act 1998.

Following the commencement of the wholesale electricity market (21 September 2006), the Board performs certain determination and appeal functions relating to the conduct of market participants in the wholesale electricity market.

A person seeking to lodge an application for review of a decision by the Electricity Review Board should lodge their application as follows:

Ms Pam Herbener
Chief Finance Officer
Western Australian Energy Disputes Arbitrator
C/o Economic Regulation Authority
Level 4, 469 Wellington Street,
Perth Western Australia 6000

Transitional Issues

Stakeholders should note that Goldfields Gas Transmission Pty Ltd (GGT), on behalf of Southern Cross Pipelines Australia Pty Ltd, Southern Cross Pipelines (NPL) Australia Pty Ltd and Alinta DEWAP Pty Ltd, lodged a revised access arrangement for the Goldfields Gas Pipeline on 23 March 2009.

The implications for this lodgement are that the Gas Pipeline Access (Western Australia) Act 1998 and the National Third Party Access Code for Natural Gas Pipeline Systems (Gas Code) continue to be applicable for the finalisation of these revision processes, as provided for under the National Gas Law.

The resulting Access Arrangement will be dealt with as if the Gas Code, including in relation to review, continues to apply until a revision is submitted under the NGA. A revision is scheduled for 1 January 2015.

For information about the Gas Pipeline Access (Western Australia) Act 1998 and the Gas Code can be found on the ERA website.