10 Market Information
Information Policy
Explanatory Note AEMO will no longer be required to maintain a list of Market Information and documents that Rule Participants must retain. It is each Rule Participant’s responsibility to retain Market Information for seven years or longer if required by law. For example, the Coordinator is required under the State Government’s record management policy to retain all business information for seven years. |
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10.1. Record Retention
10.1.1. The Coordinator, the Economic Regulation Authority and Rule
Participants must retain any information or documents that are required to be collected, produced or exchanged under these WEM Rules or the WEM Procedures for a period of seven years from the date it is created, or such longer period as may be required by law.
Explanatory Note Under the revised Market Information framework, neither AEMO nor the Coordinator will be required to create and maintain a list outlining the confidentiality status of each type of Market Information. Rather, the WEM Rules will contain a list of principles that will guide the classification of Market Information (that is, information required to be produced, collected or exchanged under the WEM Rules or WEM Procedures). The WEM Rules will continue to set out which type of information must be published, and in limited circumstances may specify that information is public or confidential. There will only be two categories of Market Information, Public Information and Confidential Information, and the classes under clause ### 10.2.2 are reduced to reflect this. Instead section 10.4 sets out how Confidential Information may be disclosed. It will be the responsibility of the Information Manager (in the first instance) to determine the status of information. The Information Manager can only be the Coordinator, the ERA, AEMO or a Network Operator, and within this framework will either be the party that collects or the party that produces the Market Information. That party to whom the Market Information relates (known as the Information Stakeholder) will be able to provide their view to the Information Manager to inform the assessment of confidentiality, however it will be solely up to the Information Manager to make this decision The Coordinator will be available to resolve any disputes about confidentiality or to provide advice to the Information Manager if requested. The WEM Rules will allow for the Coordinator to publish a procedure with information about assessing confidentiality, as this may be desirable to improve transparency and consistency in decision making across different Information Managers. The intent of the drafting is that the same ‘type’ of information, (i.e. information submitted under a certain section, clause or sub-clause of the WEM Rules) maintains the same confidentiality status over time. It seeks to avoid a type of Market Information being treated as Confidential Information as it relates to one Rule Participant, but Public Information as it relates to another Rule Participant, or differently over time. |
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10.2.1. Subject to clause 10.2.1B, an Information Manager must, in
accordance with the WEM Rules and WEM Procedures, determine the confidentiality status for each type of Market Information it is responsible for under clause 10.2.12.
10.2.1A. No confidentiality status will be given to information,
documents or data disclosed to the Coordinator, the Economic Regulation Authority, AEMO or a Network Operator if that information, documents or data is not Market Information.
10.2.1B. An Information Manager is not required to determine the
confidentiality status of a type of Market Information for which it is responsible if the Information Manager:
\(a\) has not been requested to disclose the type of Market Information to any requesting party under section 10.4;
\(b\) is not required to disclose the type of Market Information to any other party under these WEM Rules or a WEM Procedure; and
\(c\) treats the type of Market Information as Confidential Information for the purposes of clauses 10.2.9 and 10.4.2.
10.2.2. The classes of confidentiality status are:
\(a\) Public Information, in which case the Market Information may be made available to any person by any person; and
\(b\) Confidential Information, in which case the Market Information may only be disclosed in accordance with clauses 10.4.4 and 10.4.19, or as otherwise required under these WEM Rules and the WEM Procedures.
10.2.3. Subject to clause 10.2.5, an Information Manager must classify
Market Information as Confidential Information if:
\(a\) the Information Manager is not required to classify the Market Information as Public Information under clause 10.2.4; and
\(b\) the Market Information:
i. is contained in a contract to which the Rule Participant is a counterparty, but only insofar as the Market Information is specified in the contract as being confidential under the contract;
ii. could, in the reasonable opinion of the Information Manager, pose a material risk to Power System Security or Power System Reliability if disclosed;
iii. reveals personal details about an individual, but excluding their name and business contact details (including company name and address details, position, telephone numbers, mobile numbers and email addresses) that forms part of Market Information that is not confidential;
iv. could, in the reasonable opinion of the Information Manager (or Coordinator in the case of a dispute under section 10.5), cause commercial detriment to a Rule Participant or another person if disclosed; or
v. is otherwise specified as Confidential Information under these WEM Rules.
10.2.4. Market Information must be classified as Public Information if
it is:
\(a\) specified as Public Information under these WEM Rules;
\(b\) required to be published or otherwise made publicly available under these WEM Rules; or
\(c\) available in the public domain, other than by reason of a breach of these WEM Rules or by any other unlawful means.
10.2.5. Clause 10.2.3 does not prevent the disclosure or publication of
Market Information if it is aggregated, arranged or combined with other data or information such that it does not reveal any Confidential Information. Market Information that is aggregated, arranged or combined with other data or information such that it does not reveal any Confidential Information is deemed to be Market Information that is classified as Public Information.
10.2.6. Without limiting clause 10.2.4, an Information Manager must
classify Market Information as Public Information if the Information Manager does not consider that the Market Information is required to be classified as Confidential Information under clause 10.2.3.
10.2.7. A Rule Participant may make a submission to an Information
Manager about Market Information that the Rule Participant considers to be Confidential Information if:
\(a\) the Rule Participant is an Information Stakeholder for the Market Information; and
\(b\) the confidentiality status of the Market Information is not required to be Public Information under clause 10.2.4.
A submission must include the Rule Participant’s reasoning for classifying the Market Information as Confidential Information against the criteria in clause 10.2.3.
10.2.7A. A Rule Participant is an Information Stakeholder for Market
Information if:
\(a\) the Market Information explicitly relates to the Rule Participant or its Facilities, activities or contractual arrangements;
\(b\) where clause 10.2.7A(a) does not apply, the Rule Participant or its Facilities, activities or contractual arrangements would otherwise be able to be identified from the Market Information; or
\(c\) the Market Information relates to information, data or documents that a third party provided to the Rule Participant and the Rule Participant is under a duty or obligation (however described) to that third party to keep the relevant information, data or documents confidential.
10.2.8. A submission from a Rule Participant made under clause 10.2.7
must be considered by the Information Manager (or the Coordinator in the case of a dispute under section 10.5) when classifying Market Information. However the Information Manager (or Coordinator in the case of a dispute under section 10.5) will not be bound by any submission made by a Rule Participant in making its determination.
10.2.9. Subject to clauses 10.4.4 and 10.4.19, and unless otherwise
required or permitted by these WEM Rules, the Coordinator, the Economic Regulation Authority and Rule Participants must not disclose Confidential Information to any person.
10.2.10. The Coordinator may document in a WEM Procedure guidance for
Information Managers to assist with determining the confidentiality status of Market Information in accordance with clause 10.2.3.
Explanatory Note The intent is that the Information Manager is the party that Market Information is delivered to in the first instance. It is expected that in the majority of cases that this will be AEMO but that in any case it can only be AEMO, a Network Operator, the Coordinator or the ERA – i.e. a Market Participant cannot be an Information Manager. Given that Market Information is not always delivered to a party (i.e. sometimes AEMO or Western Power may produce their own Market Information), clause 10.2.12 sets out a hierarchy to guide Rule Participants and other interested parties on who the Information Manager for a particular type of Market Information is (as there cannot be two Information Managers for one type of Market Information). Given that circumstances may arise where it is unclear which party should take responsibility, clause 10.2.12(c) allows the Coordinator of Energy to make a determination on who the Information Manager is. |
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10.2.11. Only one party may be the Information Manager for a type of
Market Information, and the Information Manager may only be the Coordinator, the Economic Regulation Authority, AEMO or a Network Operator.
10.2.12. Subject to clause 10.2.11, the Information Manager for a type
of Market Information is:
\(a\) in the first instance, the party who is required to publish the Market Information in accordance with these WEM Rules or the WEM Procedures;
\(b\) if clause 10.2.12(a) does not apply, then the party who produces the Market Information in accordance with these WEM Rules or the WEM Procedures;
\(c\) if neither of clauses 10.2.12(a) or 10.2.12(b) apply, then the party who receives the Market Information under these WEM Rules or the WEM Procedures; or
\(d\) if none of clauses 10.2.12(a), 10.2.12(b) or 10.2.12(c) apply, or it is unclear who the Information Manager is under clauses 10.2.12(a),
10.2.12(b) and 10.2.12(c), then the Coordinator may determine the
Information Manager.
10.3. Public website requirements
Explanatory Note Clause 10.3.1 has been amended to require all parties who may be Information Managers to maintain a website for the purposes of publishing information as required by the WEM Rules and WEM Procedures. Guidance is provided on how long information must be maintained on a website. |
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10.3.1. The Coordinator, the Economic Regulation Authority, AEMO and
each Network Operator must maintain a website for the purpose of publishing Market Information as required under these WEM Rules or the WEM Procedures.
10.3.2. Subject to clause 10.4.7, the Coordinator, the Economic
Regulation Authority, AEMO or a Network Operator must not require a fee for Market Information required to be disclosed or published by the Coordinator, the Economic Regulation Authority, AEMO or the Network Operator in accordance with these WEM Rules or the WEM Procedures.
10.3.3. Subject to clause 10.3.4, Market Information required to be
published must, where practical, be maintained on an Information Manager’s website for as long as that Market Information is required to be retained in accordance with clause 10.1.1.
10.3.4. If the Information Manager determines that it is no longer
practical or efficient to maintain Market Information on a website in accordance with clause 10.3.3, the Information Manager must retain the Market Information as required by clause 10.1.1 and make the Market Information available at no cost to any person on application.
Explanatory Note Section 10.4 outlines how Market Information must be managed, including:
This first subsection outlines general obligations for managing Market Information. |
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10.4. Managing Market Information
10.4.1. The Coordinator, the Economic Regulation Authority and each Rule
Participant must:
\(a\) manage Market Information in accordance with this section 10.4;
\(b\) take all reasonable measures to protect any Confidential Information that is in its possession from unauthorised use or disclosure; and
\(c\) if it is made aware that the Confidential Information has come into its possession erroneously, take reasonable steps to destroy that Confidential Information.
10.4.2. The Coordinator, the Economic Regulation Authority, AEMO and
each Network Operator may only use Confidential Information in its possession to the extent that it considers it is required to perform its functions under sections 2.1A, 2.2A, 2.2C or 2.2D, as applicable.
10.4.3. Clause 10.4.1(b) does not prevent the disclosure of information
by the Coordinator, the Economic Regulation Authority or a Rule Participant (“disclosing party”) to:
\(a\) an employee or officer of the disclosing party, or a related body corporate of the disclosing party; or
\(b\) a legal or other professional adviser, auditor or other consultant of the disclosing party, who requires the Market Information in relation to the performance of the disclosing party's functions or obligations under these WEM Rules, or for the purpose of advising the disclosing party in respect of these functions or obligations,
provided that the disclosing party ensures that these persons are under equivalent obligations of confidence to the disclosing party as those provided in these WEM Rules.
Explanatory Note Clause 10.4.4 is intended to ensure that:
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10.4.4. Despite any other clauses in this Chapter 10:
\(a\) an Information Manager is not prevented from allowing a Rule Participant access to Market Information that, other than by reason of a breach of these WEM Rules or other unlawful means, should already be known to that Rule Participant;
\(b\) a Rule Participant is not prevented from publishing or otherwise disclosing Market Information in its possession which relates solely to the Rule Participant or the Rule Participant’s Facilities or activities;
\(c\) a Rule Participant is not prevented from disclosing Confidential Information to a person where it is necessary to ensure the safety of personnel, equipment or the power system; and
\(d\) the Coordinator, the Economic Regulation Authority or a Rule Participant is not prevented from disclosing Confidential Information to a third party as required under applicable law.
Explanatory Note Clause 10.4.5 allows an Information Manager to publish a list that demonstrates how they intend to classify Market Information they are responsible for. This list will not be binding, and will not necessarily need to be comprehensive. Rule Participants and other relevant parties will still be able to dispute the classification, proposed release or disclosure under section 10.5 despite any classification on this list. |
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10.4.5. An Information Manager may, at its discretion, publish on its
website a list outlining its proposed classification for each type of Market Information the Information Manager is responsible for. This classification shall not be binding on the Information Manager or the Coordinator in the case of a dispute under section 10.5.
Requesting access to Market Information
Explanatory Note This subsection outlines how Market Information that is not required by the WEM Rules to be published can be requested by any person, and the fees that the Information Manager can charge. |
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10.4.6. Where Market Information is not already available in the public
domain, any person may request access to that Market Information by submitting a written request to the Information Manager.
10.4.6A. A request submitted under clause 10.4.6 must specify the
details of how the request meets any of the criteria specified in clause
10.4.19.
10.4.7. Where Market Information is not required to be published or
otherwise disclosed in accordance with these WEM Rules or a WEM Procedure, an Information Manager may charge a person a fee for providing Market Information disclosed in accordance with this section
10.4, where that fee may not exceed the Information Manager’s reasonable
costs, not otherwise included in its budget, of:
\(a\) collation and transmission of information or documents; and
\(b\) preparation of documents not otherwise required by these WEM Rules, or other applicable law or regulation.
10.4.8. An Information Manager may not charge the Coordinator, the
Economic Regulation Authority, AEMO or a Network Operator for Market Information requested in accordance with these WEM Rules.
Explanatory Note Where a request for Market Information is submitted to the wrong Information Manager, the recipient must refer the requesting party to the appropriate Information Manager or the Coordinator, and must not provide the Market Information to the requesting party. |
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10.4.9. If the Coordinator, the Economic Regulation Authority, AEMO or a
Network Operator:
\(a\) receives a request for Market Information under clause 10.4.6; and
\(b\) is not the Information Manager for that Market Information,
then it must:
\(c\) refer the requesting party to the appropriate Information Manager or the Coordinator; and
\(d\) take no further action on the request under this section 10.4.
Managing the disclosure of Public Information
Explanatory Note The release of Public Information (as deemed by the Information Manager) requires consultation with any Information Stakeholder for the Market Information who has indicated the Market Information is Confidential Information. The Information Manager is required to justify why their assessment of confidentiality differs from the Information Stakeholder’s, and the Information Stakeholder is permitted to lodge a dispute with the Coordinator if they disagree with the assessment by the Information Manager. Where the Information Manager would be required to provide the requesting party with the Market Information regardless of its confidentiality status, and the provision of the Market Information as Confidential Information was not open to dispute, the provision of the Market Information to the requesting party will not be delayed by any potential or actual dispute about its confidentiality status. However, where appropriate the Information Manager must notify the requesting party that the confidentiality status of the Market Information is uncertain and the Market Information must be treated as Confidential Information until its confidentiality status is confirmed. |
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10.4.10. If the Information Manager considers that the Market
Information requested under clause 10.4.6 is Public Information, it must, subject to clauses 10.4.11 and 10.4.16(c) and section 10.5, if it continues to possess the Market Information, disclose the relevant Market Information to the requesting party within 20 Business Days of receiving the request.
10.4.11. If a submission was made by an Information Stakeholder under
clause 10.2.7 that Market Information requested under clause 10.4.6 is Confidential Information, and the Information Manager has deemed the Market Information to be Public Information and intends to provide it to the requesting party under clause 10.4.10:
\(a\) the Information Manager must, within 10 Business Days of receiving the request under clause 10.4.6, notify the Information Stakeholder in writing:
i. that it intends to disclose the Market Information to the requesting party, specifying the time and nature of the intended disclosure;
ii. its reasons for the Market Information not being Confidential Information; and
iii. that the Information Stakeholder may lodge a dispute with the Coordinator within five Business Days if it disagrees with the Information Manager’s assessment;
\(b\) if, had the Information Manager determined that the requested Market Information was Confidential Information (which it has not):
i. the Information Manager would be required to disclose the Market Information to the requesting party under clause 10.4.19; and
ii. no Information Stakeholder would be permitted to dispute the disclosure of the Market Information to the requesting party under clause 10.4.19A,
the Information Manager must:
iii. disclose the Market Information to the requesting party within the timeframe specified in clause 10.4.10; and
iv. if the Market Information is disclosed to the requesting party:
1. before the deadline for lodging a dispute under clause 10.4.14 in respect of the request; or
2. before the Coordinator has made a determination on any dispute that was lodged under clause 10.4.14 in respect of the request,
notify the requesting party when the Market Information is disclosed that, because the confidentiality status of the Market Information is, or could be, subject to a dispute, the requesting party must treat the Market Information as Confidential Information until the Information Manager or the Coordinator has notified the requesting party of the final confidentiality status for the relevant Market Information; and
\(c\) if clause 10.4.11(b) does not apply, the Information Manager must not disclose the Market Information to the requesting party during the timeframe referred to in clause 10.4.11(a)(iii).
10.4.12. [Blank]
10.4.13. [Blank]
10.4.14. If the Information Stakeholder disagrees with the assessment
specified by the Information Manager in a notification under clause
10.4.11(a), the Information Stakeholder may provide the Coordinator and
the Information Manager with a notice of dispute within the timeframe specified in clause 10.4.11(a)(iii).
10.4.15. A notice of dispute provided under clause 10.4.14 must be in
writing and must contain:
\(a\) the date on which the notice of dispute was issued;
\(b\) the identity of the Information Stakeholder issuing the notice of dispute;
\(c\) the identities of any other relevant parties to the dispute;
\(d\) the details of the Market Information in dispute, including the Information Stakeholder's reasoning for disputing the Information Manager's assessment; and
\(e\) the contact person for the Information Stakeholder issuing the dispute, and their contact details.
10.4.16. If:
\(a\) an Information Manager issues a notification to one or more Information Stakeholders under clause 10.4.11(a) in respect of a specific request for Market Information under clause 10.4.6; and
\(b\) no Information Stakeholder issues a notice of dispute under clause
10.4.14 in respect of the request within the timeframe specified under
clause 10.4.11(a)(iii) for the relevant notification,
the Information Manager must:
\(c\) if it has already disclosed the Market Information to the requesting party under clause 10.4.11(b)(iii), notify the requesting party that the relevant Market Information is Public Information; or
\(d\) otherwise, disclose the Market Information to the requesting party within the timeframe specified in clause 10.4.10.
10.4.17. If an Information Stakeholder issues a notice of dispute under
clause 10.4.14, then:
\(a\) the Coordinator and the Information Manager must acknowledge the notice of dispute within one Business Day of receiving the notice of dispute;
\(b\) the Coordinator must determine the dispute in accordance with section 10.5; and
\(c\) except where clause 10.4.11(b) applies, the Information Manager must not disclose the Market Information to the requesting party while the dispute is being determined.
Managing disclosure of Confidential Information
Explanatory Note This section sets out the circumstances under which Confidential Information can be disclosed. |
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10.4.18. If the Information Manager considers that the Market
Information requested under clause 10.4.6 is Confidential Information, it must:
\(a\) if required under clause 10.4.19, disclose the Market Information to the requesting party within 20 Business Days of receiving the request; or
\(b\) advise the requesting party that the Market Information is Confidential Information and is unable to be disclosed within 10 Business Days of receiving the request.
10.4.19. Subject to clauses 10.4.20, 10.4.21 and 10.4.25(c) and section
10.5, the Information Manager must disclose Confidential Information
that has been requested under clause 10.4.6 to the requesting party if:
\(a\) the Information Manager has the written consent of each relevant Information Stakeholder;
\(b\) the Confidential Information is required to be disclosed by or under any law or a stock exchange having jurisdiction over the Rule Participant;
\(c\) disclosure of the Confidential Information is required by an order of a court, tribunal, arbiter, the Electricity Review Board or another judicial body having jurisdiction to compel the disclosure of Confidential Information;
\(d\) the disclosure of the Confidential Information to the requesting party is necessary for the safety of personnel, equipment or the power system;
\(e\) the requesting party is the Economic Regulation Authority or the Coordinator;
\(f\) the requesting party is AEMO or the relevant Network Operator and the Confidential Information is required by that party to carry out its functions under these WEM Rules or a WEM Procedure; or
\(g\) in the reasonable opinion of the Information Manager (or Coordinator in a dispute under Section 10.5), the benefit to electricity consumers of the disclosure of the Confidential Information to the requesting party outweighs any commercial detriment that may be caused by the disclosure.
Explanatory Note Clause 10.4.19A sets out the circumstances under which an Information Stakeholder may dispute the provision of Confidential Information to a requesting party under clause 10.4.19. If a dispute is permitted, then the Information Manager is required to consult with the Information Stakeholder(s) before the Confidential Information is released, and the Information Stakeholder(s) may dispute the disclosure of the Confidential Information to the requesting party. |
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10.4.19A. An Information Stakeholder for Market Information may dispute
the disclosure of that Market Information to a requesting party under clause 10.4.19 if:
\(a\) the Market Information is being disclosed because the Information Manager considers the request meets the criteria in clause 10.4.19(g); and
\(b\) the Information Manager is not the Coordinator.
10.4.20. If an Information Manager intends to disclose Market
Information requested under clause 10.4.6 in accordance with clause
10.4.19, and an Information Stakeholder is permitted to dispute the
disclosure of the Market Information under clause 10.4.19A, the Information Manager must:
\(a\) within 10 Business Days of receiving the request under clause
10.4.6, notify each applicable Information Stakeholder in writing:
i. that it intends to disclose the Market Information to the requesting party, specifying the time and nature of the intended disclosure;
ii. its reasons for the Market Information being disclosed to the requesting party under clause 10.4.19; and
iii. that the Information Stakeholder may lodge a dispute with the Coordinator within five Business Days if it disagrees with the Information Manager’s assessment; and
\(b\) not disclose the Market Information to the requesting party during the timeframe referred to in clause 10.4.20(a)(iii).
10.4.21. If an Information Stakeholder wishes to lodge a dispute in
relation to a notification received under clause 10.4.20(a), it must provide the Coordinator and the Information Manager with a notice of dispute within the timeframe specified in clause 10.4.20(a)(iii).
10.4.22. If the Information Manager advises a party requesting Market
Information that the Market Information is Confidential Information that cannot be disclosed under clause 10.4.19, the requesting party may provide the Coordinator and the Information Manager with a notice of dispute regarding the assessment by the Information Manager of either:
\(a\) confidentiality under clause 10.2.3; or
\(b\) eligibility for disclosure under clause 10.4.19.
10.4.23. A notice of dispute lodged under clauses 10.4.21 or 10.4.22
must be in writing and contain:
\(a\) the date on which the notice of dispute was issued;
\(b\) the identity of the Rule Participant or person issuing the notice of dispute;
\(c\) the identities of any other relevant parties to the dispute;
\(d\) the details of the Market Information in dispute, including the Information Stakeholder's or requesting party's, as applicable, reasoning for disputing the Information Manager's assessment; and
\(e\) the contact person for the Rule Participant or person issuing the dispute, and their contact details.
10.4.24. If:
\(a\) an Information Manager issues a notification to one or more Information Stakeholders under clause 10.4.20(a) in respect of a specific request for Market Information under clause 10.4.6; and
\(b\) no Information Stakeholder issues a notice of dispute under clause
10.4.21 in respect of the request within the timeframe specified under
clause 10.4.20(a)(iii) for the relevant notification,
the Information Manager must disclose the Market Information to the requesting party within the timeframe specified in clause 10.4.18(a).
10.4.25. If a dispute is lodged in accordance with clauses 10.4.21 or
10.4.22, then:
\(a\) the Coordinator and the Information Manager must acknowledge the notice of dispute within one Business Day of receiving the notice of dispute;
\(b\) the Coordinator must determine the dispute in accordance with section 10.5; and
\(c\) the Information Manager must not disclose the Market Information under dispute to the requesting party while the dispute is being determined.
10.4.26. When an Information Manager discloses Market Information to a
requesting party in response to a request under clause 10.4.6, the Information Manager must advise the requesting party whether the Market Information is classified as Public Information or Confidential Information.
Explanatory Note Section 10.5 outlines the requirements the Coordinator must comply with to resolve disputes regarding the release or disclosure of Market Information. It requires the Coordinator to publish a WEM procedure to guide Rule Participants on the detail of the process. |
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10.5. Resolving disputes regarding the disclosure of Market Information
10.5.1. If the Coordinator receives notice of a dispute in accordance
with clauses 10.4.14, 10.4.21 or 10.4.22, the Coordinator must resolve the dispute in accordance with this section 10.5.
10.5.2. The Coordinator must document in a WEM Procedure the process for
resolving a dispute under this section 10.5.
10.5.3. If the Coordinator considers that a notice of dispute received
under clauses 10.4.14, 10.4.21 or 10.4.22 lacks sufficient substance or is trivial, or that the dispute is frivolous or vexatious, the Coordinator may dismiss the dispute and the original decision of the Information Manager will be final.
10.5.4. The Coordinator must conduct reasonable consultation with the
Information Manager, each relevant Information Stakeholder and the requesting party as part of the dispute resolution process.
10.5.5. The Coordinator must make her or his determination on a dispute
against the requirements in clauses 10.2.3, 10.2.4, 10.2.5, 10.2.6,
10.2.8 and 10.4.19.
10.5.6. Within 20 Business Days of being notified of a dispute, the
Coordinator must inform the parties to the dispute in writing of either:
\(a\) the Coordinator's determination; or
\(b\) if more time is required for a determination, the expected date for that determination.
10.5.7. If the timeframe for a determination is extended under clause
10.5.6(b), the Coordinator must deliver her or his determination within
that extended timeframe.
10.5.8. The Coordinator’s determination:
\(a\) must, where applicable, classify the relevant Market Information as Public Information or Confidential Information; and
\(b\) may, if the Market Information is Confidential Information, direct the Information Manager to:
i. disclose all or part of the Market Information to the requesting party;
ii. disclose all or part of the Market Information to the requesting party with conditions attached; or
iii. not release or disclose the Market Information to the requesting party.
10.5.9. Until the Coordinator has made a determination under clause
10.5.8, the Market Information in dispute will be deemed to be
Confidential Information and may not be disclosed by the Information Manager to any party, except as otherwise required under these WEM Rules.
10.5.10. Where the Coordinator makes a determination under clause
10.5.8, the Coordinator must:
\(a\) advise the parties to the dispute of the outcome; and
\(b\) publish her or his determination on the Coordinator’s Website, redacting any commercially sensitive or other Confidential Information.
10.5.11. A determination published under clause 10.5.10 must include the
nature of the Market Information that has been determined to be Public Information or Confidential Information, and any submissions or justification put forward by the parties to the dispute or any other parties consulted by the Coordinator.
10.5.12. If the Coordinator makes a determination in accordance with
clauses 10.5.8(a), 10.5.8(b)(i) or 10.5.8(b)(ii), the Information Manager must disclose the specified Market Information to the requesting party in accordance with the determination within 10 Business Days.
10.5.13. If the Coordinator makes a determination in accordance with
clause 10.5.8(b)(iii) the Information Manager must not disclose the Market Information to the requesting party.
10.5.14. If a dispute is lodged under clauses 10.4.14, 10.4.21 or
10.4.22, but the Coordinator has already made a prior determination on
the same type of Market Information on the same or similar grounds as those specified in the dispute, the Coordinator is not required to determine the dispute in accordance with this section 10.5 and may direct the parties to the dispute to her or his relevant determination.
Market Information to be Published by Information Managers
10.6. Public Information
Explanatory Note The requirement to publish information under clause 10.5.1 (in the current version of the WEM Rules), or to classify information as public under clause 10.5.2 (in the current version of the WEM Rules) has, in general, been moved to the section or chapter of the WEM Rules that the information relates to. For example, the information previously required to be published under clause 10.5.1(f) about the Reserve Capacity Mechanism has been moved to Chapter 4. Where information was already required to be published it has not been replaced elsewhere in the WEM Rules. Where information is generic or relates to multiple chapters of the WEM Rules, it has been included in clauses 10.6.1(a) to 10.6.1(g) below. In Exposure Draft 2, clauses 10.6.1(h) to 10.6.1(n) were used as a holding location for clauses within the current clause 10.5.1 that were yet to be relocated. Since the consultation period for Exposure Draft 2:
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10.6.1. The confidentiality status for the following Market Information
under section 10.2 is Public Information and the relevant Information Manager must make each item of information available from or via its website after that item of information becomes available to it:
\(a\) the precise basis for determining the Bank Bill Rate;
\(b\) details of resolved disputes, including all Public Information associated with the dispute, but not parts of the resolution or information associated with the resolution which contain Confidential Information;
\(c\) public consultation proceedings;
\(d\) public reports pertaining to the Wholesale Electricity Market issued by the relevant Information Manager;
\(e\) reports pertaining to the Wholesale Electricity Market produced by the Electricity Review Board and the Minister;
\(f\) event reports explaining what happened during unusual market or dispatch events but not any parts of such reports which contain Confidential Information;
\(g\) summary information on disputes in progress that may impact other Rule Participants;
\(h\) for each Trading Week which has been settled under Chapter 9, the information provided by AEMO to each Network Operator under clause 5.9.2; and
\(i\) for each Trading Week which has been settled under Chapter 9, for each AEMO-procured NCESS Contract in effect during that Trading Week:
i. details of each enablement or dispatch event under the NCESS Contract, including the relevant times and enablement or dispatch quantities; and
ii. for each Dispatch Interval in the Trading Week, the payment made by AEMO for services provided under the NCESS Contract as provided to the settlement system under clause 5.9.1(c).
10.6.2. Market Information required to be published on an Information
Manager’s website under clause 10.6.1 is in addition to any other Market Information that is required to be published under other provisions of these WEM Rules and the WEM Procedures.
Explanatory Note Sections 10.7, 10.8 and 10.9 have been deleted to implement the two confidentiality classes of “Public Information” and “Confidential Information”. |
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