Special baselines
3 Special baselines
3.1 This clause applies to a power station that generates electricity using an eligible energy source.
3.1A The nominated person for the power station may apply to the Regulator, or the Regulator may decide on his or her own initiative, to determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, if:
the nominated person or the Regulator considers that a period other than the reference period mentioned in clause 2 would be more representative of the normal operational cycles of the power station; and
any of the conditions mentioned in subclause 3.2 are satisfied.
3.2 The Regulator may determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2 if:
electricity generated using an eligible energy source by the power station is linked to seasonal variations of longer than 3 years; or
measurement for the reference period would not be representative of 1997 levels of generation; or
at any time in the reference period, there were major changes to the infrastructure or operating environment of the power station; or
determining the baseline in accordance with clause 2 would cause hardship for the nominated person; or
the amount of electricity generated by the power station before 1994 using an eligible energy source was significantly different from that generated in the reference period for reasons other than the capacity of the power station, demand for electricity or other operating constraints; or
at any time in the reference period, the power station’s capacity to generate electricity using an eligible energy source, or its output, was significantly reduced by unplanned outages or other operating constraints; or
an action or policy of the Commonwealth government directly reduced the power station’s capacity to generate electricity using an eligible energy source for a sustained period.
3.3 In determining a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, the Regulator should take into account:
the need for the baseline to be representative of the amount of electricity the power station could have generated using an eligible energy source in 1997 under normal conditions; and
the generation capacity of the power station; and
the amount of electricity the power station has had to generate using an eligible energy source to meet the requirements of the electricity grid; and
any other matters that might have affected the amount of electricity the power station generated using an eligible energy source; and
any other information provided by the nominated person about electricity generated by the power station.
3.3A For subclause 3.3, the Regulator may take into account information about 1997 or later years.
3.4 Subclause 3.5 applies to a power station:
that is closed for at least 3 years continuously after 1 January 1997; and
that is refurbished at a cost of at least half the replacement cost of the power station at the same capacity.
3.5 The power station may be considered to be a new power station.
This Act’s bill:Explanatory statement
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