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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 175

Anticipatory certification--cessation of registration as a generator

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 cessation of the registration 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 cessation.

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 cessation occurs;

then, for the purposes of subparagraph 170(2)(d)(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 cessation.



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