can’t control contracted third party providers. Amend cl. 4.4 to Cl. 4.4 has been amended to require that new refer to DNSP taking reasonable steps to ensure other providers contracts between the DNSP and third party providers comply with Guideline. include provisions that mirror the key obligations of clause 4 of the Guideline in relation to services provided to the DNSP, and that the DNSP must not encourage or incentivise conduct by third party providers that would be contrary to clause 4 of the Guideline if done by the DNSP. 2 Ausgrid For clarity, amend definition of affiliated entity to refer to only Agree. The Guideline incorporates a new term, ‘related separate legal entities. Establish a new term business electricity service provider’, to describe a DNSP’s ‘separate unit’ to refer to parts of a DNSP providing other distribution business units providing other distribution services. services. Agree. DNSPs must comply with all of the Guideline’s Transitional timeline for separation and non-discrimination obligations as soon as reasonably practicable, but by obligations should be expanded to more of the guideline. no longer than 1 January 2018. Disagree. Legal separation needs to apply to all Amend definition of services’ to exclude electricity services that are not distribution services (or ‘other ‘other services’. transmission services). Non-discrimination obligations are applicable to related electricity service providers in addition to affiliated Clarify that staff separation obligations do not apply to officers of a entities. DNSP and a separate business unit in addition to a DNSP and an affiliated entity. 3 AusNet Services Include worked examples in explanatory statement for final See Appendix B of this Explanatory Statement. guideline. Disagree. To the extent that distribution services’ Definition of distribution services’ does not work and must be includes monopolistic services, we will consider ‘other amended to ensure that distribution services only a DNSP can reclassifying these at the next opportunity. Temporal provide will remain integrated with DNSP’s provision of direct issues may be managed with waivers. control services. As above. It is a misnomer that all distribution services’ are contestable. ‘other The Guideline now uses the term electricity ‘related entity’ includes parts of DNSP providing electricity service provider’ to include DNSP business units ‘Affiliated ‘other services’. providing other distribution services.
can’t control contracted third party providers. Amend cl. 4.4 to refer to DNSP taking reasonable steps to ensure other providers comply with Guideline. Cl. 4.4 has been amended to require that new contracts between the DNSP and third party providers include provisions that mirror the key obligations of clause 4 of the Guideline in relation to services provided to the DNSP, and that the DNSP must not encourage or incentivise conduct by third party providers that would be contrary to clause 4 of the Guideline if done by the DNSP. 2 Ausgrid For clarity, amend definition of affiliated entity to refer to only separate legal entities. Establish a new term ‘separate business unit’ to refer to parts of a DNSP providing other distribution services. Transitional timeline for separation and non-discrimination obligations should be expanded to more of the guideline. Amend definition of ‘other services’ to exclude ‘other electricity services’. Clarify that staff separation obligations do not apply to officers of a DNSP and a separate business unit in addition to a DNSP and an affiliated entity. Agree. The Guideline incorporates a new term, ‘related electricity service provider’, to describe a DNSP’s business units providing other distribution services. Agree. DNSPs must comply with all of the Guideline’s obligations as soon as reasonably practicable, but by no longer than 1 January 2018. Disagree. Legal separation needs to apply to all services that are not distribution services (or transmission services). Non-discrimination obligations are applicable to related electricity service providers in addition to affiliated entities. 3 AusNet Services Include worked examples in explanatory statement for final guideline. Definition of ‘other distribution services’ does not work and must be amended to ensure that distribution services only a DNSP can provide will remain integrated with DNSP’s provision of direct control services. It is a misnomer that all ‘other distribution services’ are contestable. ‘Affiliated entity’ includes parts of DNSP providing ‘other electricity services’. See Appendix B of this Explanatory Statement. Disagree. To the extent that distribution services’ includes monopolistic services, we will consider reclassifying these at the next opportunity. Temporal issues may be managed with waivers. As above. The Guideline now uses the term ‘related electricity service provider’ to include DNSP business units providing other distribution services.