In September 2008, the East Australian Pipeline Pty Limited (EAPL) sought a light coverage determination from the National Competition Council (NCC) for the covered portion of the MSP between Marsden and Wilton.
The NCC released its final decision and statement of reasons on 19 November 2008, approving EAPL’s application. The NCC determined that the services provided by the covered portion of the MSP are to be light regulation services.
As the MSP is now subject to light regulation, the current access arrangement ceases to apply. While the MSP will not be required to have its tariff and non-tariff terms and conditions of access approved by the AER, in the event of an access dispute the AER may make an access determination for the tariff and non-tariff conditions of access.
Under the Annual Compliance Process, EAPL will be required to report annually certain information to the AER. EAPL is also required to publish its terms and conditions of its light regulation services, including tariffs, on its website.