Scope
(1) This section applies to a generation complex if a person who owns, controls or operates the generation complex is registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets.
Application
(2) The person may apply, in writing, to the appropriate energy market operator to certify that if a proposed reduction in the nameplate rating in megawatts of the generation complex were to occur during the period:
(a) beginning at the start of 1 July 2010; and
(b) ending immediately before 1 April in a specified eligible financial year;
there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the reduction.
Certification
(3) If an application is made under subsection (2), the appropriate energy market operator may:
(a) certify in accordance with the application; or
(b) refuse to so certify.
(4) If, within 120 days after receiving an application under subsection (2), the appropriate energy market operator has neither:
(a) certified in accordance with the application; nor
(b) refused to so certify;
the appropriate energy market operator is taken, for the purposes of this Act, to have certified in accordance with the application.
Consequences of certification
(5) If:
(a) the appropriate energy market operator certifies in accordance with the application; and
(b) the proposed reduction occurs;
then, for the purposes of subparagraph 170(2)(c)(iv), the appropriate energy market operator is taken to have certified in writing that there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the reduction.