Shirli Kirschner is the AER appointed Wholesale Energy Market Dispute Resolution Adviser (WEMDRA) under the National Gas Rules (NGR) and the National Electricity Rules (NER).
The frameworks for dispute resolution is 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 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 resolution process
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.
Joint resources
The following materials may be useful for dispute resolution:
- AEMO Dispute management system
- National Alternative Dispute Resolution Advisory Council to the Attorney General (NADRAC)
- Mediation guide - Sir Laurence Street
Electricity
In Electricity, Chapter 8 of the NER requires participants to develop an internal dispute management system (‘DMS’) and appoint a DMS contact person.
Resources:
- DMS contact information
- Guidance notes for a DMS under the NER
- Stage 1 - dispute management system referral notice
- Stage 2 - adviser referral notice
- Guidelines and application for compensation for a scheduling error
- Dispute resolution panel determinations
Gas
In Gas there is no specific DMS process mandated for organisations. Participants are required to nominate a dispute management contact (DMC) who should be used as a contact in a dispute.
Resources:
- DMC contact information
- Stage 1 - Dispute resolution notice
- Stage 2 - Dispute resolution notice
- Adviser guideline and application for compensation for unexpected scheduling result (USR)
- Application for compensation for a USR where AEMO have made a determination confirming a USR
- Dispute resolution panel determinations
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 [dot] com [dot] au (shirli[at]resolveadvisors[dot]com[dot]au)