Wholesale energy market dispute resolution

My name is Shirli Kirschner and I have been appointed by the AER, as the dispute resolution adviser under the National Gas Rules  (NGR) and the National Electricity Rules (NER).  To reflect the overall responsibilities for both markets my title is wholesale energy market dispute resolution adviser (WEMDRA).

The frameworks for dispute resolution are set out in Part 15C of the NGR and Chapter 8 of the NER. The WEMDRA role includes assisting participants to select the most appropriate process in the event of a dispute/scheduling error or unexpected scheduling result (USR). It also includes the selection of appropriate consultants from a pool, to constitute any dispute resolution panel that may be established.

This section of the AER website contains documents and information to assist with a dispute or scheduling error process under the relevant Rules. There are similarities and also some differences between the legislative provisions in gas and electricity. These differences are reflected in the notices and practice notes under each section. The cost for the WEMDRA assistance and the dispute resolution panel are included as part of the materials published for each dispute.

Dispute processes

Both Chapter 8 NER and Part 15C NGR dispute resolution process are divided into two stages:

  • Stage 1 – encourages the exploration and joint resolution of the disputes by direct commercial negotiation, or assistance through a facilitated, or non binding expert process.
  • Stage 2 – is geared towards a binding decision by a panel of one or more experts.

I am available to answer any questions you may have in relation to both stages of the process. I am also available to assist parties with specific disputes. This assistance can include facilitating and guiding the process in stage 1 and case management in stage 2. The level of assistance required will depend on the nature of the dispute and the type of process.

The joint resources include the WEMDRA quarterly reports to the market, and the pool which is the details of the pool of experts from which the dispute resolution panels will be selected.

User material that is specific to either Part 15C of the NGR or Chapter 8 of the NER then appears under the respective heading.

Joint Resources:

Electricity

In Electricity, Chapter 8 of the NER requires participants to develop an internal dispute management system (‘DMS’) and appoint a DMS contact person.

The resources for Electricity:

Gas

In Gas there is no specific DMS process mandated for organisations. Participants are required to nominate a contact point (DMC contact), who should be used as a contact in a dispute.

The resources for Gas:

Feedback

Feedback on any aspect of dispute resolution is appreciated to ensure that we can continuously improve the process and the documents and make the information relevant to the users.

Shirli Kirschner

Wholesale Energy Market Dispute Resolution Adviser
Phone: 02 9380 6466
Mobile: 0411 380 380
Email: shirli@resolveadvisors.com.au