Electricity Industry Participation Code 2010
Schedule 6.1
10 5 October 2017
13
Other matters to assist with decision making
14
Distributor and distributed generator must make reasonable endeavours regarding
new information
Final application process
15
Distributed generator must make final application
16
Notice to third parties
17
Priority of final applications
18
Distributor’s decision on application
19
Time within which distributor must decide final applications
20
Distributed generator must give notice of intention to proceed
Post-approval process
21
30 business days to negotiate connection contract if distributed generator notifies
intention to proceed
22
Testing and inspection
23
Connection of distributed generation if connection contract negotiated
24
Connection of distributed generation on regulated terms if connection contract not
negotiated
Part 3
General provisions
Confidentiality
25
Confidentiality of information provided
Annual reporting and record keeping
26
[Revoked]
27
[Revoked]
28
Distributors must keep records
Costs
29
Responsibility for costs under this Schedule
Preliminary provisions
1A Contents of this Schedule
This Schedule specifies the procedures for processing applications from distributed
generators for the connection or continued connection of distributed generation.
Clause 1A: amended, on 5 October 2017, by clause 38 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
1B Distributed generator must apply
Subject to clause 6.4A and clause 1D, a distributed generator that owns or operates
distributed generation must apply to a distributor if it wishes to
(a) connect the distributed generation to the distributor's distribution network; or
(b) continue an existing connection of the distributed generation to the
distributor's distribution network if a connection contract for the distributed
generation
(i) is in force and the distributed generator wishes to extend the term of the
connection contract; or
Electricity Industry Participation Code 2010
Schedule 6.1
11 5 October 2017
(ii) has expired; or
(c) continue an existing connection of the distributed generation to the
distributor's distribution network that is connected without a connection
contract if the regulated terms do not apply; or
(d) change the nameplate capacity or fuel type of the distributed generation
connected to the distributor's distribution network.
Clause 1B: amended, on 5 October 2017, by clause 39 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
1C How Parts apply to applications
This Schedule applies to applications made under clause 1B as follows:
(a) Part 1 applies to applications in respect of distributed generation that has a
nameplate capacity of 10 kW or less in total, unless the distributed generator
has elected, under clause 1D, to apply under Part 1A:
(b) Part 1A applies to applications in respect of distributed generation that has a
nameplate capacity of 10 kW or less in total, if the distributed generator has
elected, under clause 1D, to apply under Part 1A:
(c) Part 2 applies to applications in respect of distributed generation that has a
nameplate capacity of more than 10 kW in total.
1D When application may be made under Part 1A
A distributed generator may elect to apply to a distributor under Part 1A instead of
Part 1 if the distributed generation to which the application relates
(a) is designed and installed in accordance with AS 4777.1; and
(b) incorporates an inverter that has been tested and issued a Declaration of
Conformity with AS/NZS 4777.2 by a laboratory with accreditation issued or
recognised by International Accreditation New Zealand; and
(c) has protection settings that meet the distributor’s connection and operation
standards.
Cross heading and clauses 1A to 1D: inserted, on 23 February 2015, by clause 18 of the Electricity Industry
Participation Code Amendment (Distributed Generation) 2014.
Clause 1D(b): amended, on 20 October 2016, by clause 4 of the Electricity Industry Participation Code Amendment
(Inverter Standard for Distributed Generation) 2016.
Part 1
Applications for distributed generation
10 kW or less in total
Heading: amended, on 23 February 2015, by clause 19 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
1 Contents of this Part
(1) This Part applies to applications relating to distributed generation that has a
nameplate capacity of 10 kW or less in total, unless the distributed generator that
owns or operates the distributed generation has elected, under clause 1D, to apply
under Part 1A.
(2) This Part of this Schedule provides for a 1-stage application process.
Compare: SR 2007/219 clause 1 Schedule 1
Clause 1(1): substituted, on 23 February 2015, by clause 20 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Electricity Industry Participation Code 2010
Schedule 6.1
12 5 October 2017
Application process
2 Applications under this Part of this Schedule
(1) [Revoked]
(2) A distributed generator must apply to a distributor by
(a) using the application form provided by the distributor that is publicly available
under clause 6.3(2)(a); and
(b) providing any information in respect of the distributed generation to which the
application relates that is
(i) referred to in subclause (3); and
(ii) specified by the distributor under clause 6.3(3) as being required to be
provided with the application; and
(c) paying the application fee (if any) specified by the distributor in accordance with
clause 6.3(2)(e).
(3) The information may include the following:
(a) the full name and address of the distributed generator and the contact details of
a person that the distributor may contact regarding the distributed generation:
(aa) whether the application is to
(i) connect distributed generation; or
(ii) continue an existing connection of distributed generation that is connected
in accordance with a connection contract if the connection contract
(A) is in force and the distributed generator wishes to extend the term of
the connection contract; or
(B) has expired; or
(iii) continue an existing connection of distributed generation that is connected
without a connection contract; or
(iv) change the nameplate capacity or fuel type of connected distributed
generation:
(b) evidence of the nameplate capacity that the distributed generation will have, or
other suitable evidence that the distributed generation is or will only be capable
of generating electricity at a rate of 10 kW or less:
(ba) if the application is to change the nameplate capacity or fuel type of connected
distributed generation
(i) the nameplate capacity that the distributed generation will have after the
change; and
(ii) the aggregate nameplate capacity that all distributed generation that is
connected at the point of connection at which the distributed generation is
connected will have after the change; and
(iii) the fuel type that the distributed generation will have after the change:
(c) details of the fuel type of the distributed generation (for example, solar, wind, or
liquid fuel):
(d) a brief description of the physical location at the address at which the distributed
generation is or will be connected:
(da) if the application is to connect distributed generation, when the distributed
generator expects the distributed generation to be connected:
Electricity Industry Participation Code 2010
Schedule 6.1
13 5 October 2017
(e) technical specifications of the distributed generation and associated equipment,
including the following:
(i) technical specifications of equipment that allows the distributed
generation to be electrically disconnected from the distribution network
on loss of mains voltage:
(ii) manufacturer's rating of equipment:
(iii) number of phases:
(iv) proposed or current point of connection to the distribution network (for
example, the ICP identifier and street address):
(v) details of either or both of any inverter and battery storage:
(vi) details of any load at the proposed or current point of connection:
(vii) details of the voltage (for example, 415 V or 11 kV) when it is electrically
connected:
(f) information showing how the distributed generation complies with the
distributor's connection and operation standards:
(g) any additional information or documents that are reasonably required by the
distributor.
(4) [Revoked]
(5) The distributor must, within 5 business days of receiving an application, give written
notice to the applicant advising whether or not the application is complete.
Compare: SR 2007/219 clause 2 Schedule 1
Heading: amended, on 23 February 2015, by clause 21(1) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 2: amended, on 5 October 2017, by clause 40(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 2(1): revoked, on 23 February 2015, by clause 21(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(2): substituted, on 23 February 2015, by clause 21(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(a): amended, on 23 February 2015, by clause 21(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(aa): inserted, on 23 February 2015, by clause 21(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(aa): amended, on 5 October 2017, by clause 40(3) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 2(3)(aa), (3)(ba) and 3(d): amended, on 5 October 2017, by clause 40(2) of the Electricity Industry
Participation Code Amendment (Code Review Programme) 2017.
Clause 2(3)(b): substituted, on 23 February 2015, by clause 21(6) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(ba): inserted, on 23 February 2015, by clause 21(7) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(ba)(ii): amended, on 23 February 2015, by clause 6(1) of the Electricity Industry Participation Code
Amendment (Minor Code Amendments) (No 3) 2014.
Clause 2(3)(ba)(iii): inserted, on 23 February 2015, by clause 6(2) of the Electricity Industry Participation Code
Amendment (Minor Code Amendments) (No 3) 2014.
Clause 2(3)(c) and(d): substituted, on 23 February 2015, by clause 21(8) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 2(3)(da): inserted, on 23 February 2015, by clause 21(9) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(da): amended, on 5 October 2017, by clause 40(4) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 2(3)(e): substituted, on 23 February 2015, by clause 21(10) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(e)(i): amended, on 5 October 2017, by clause 40(5) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 2(3)(e)(vii): amended, on 5 October 2017, by clause 40(6) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Electricity Industry Participation Code 2010
Schedule 6.1
14 5 October 2017
Clause 2(3)(g): amended, on 23 February 2015, by clause 21(11) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(4): revoked, on 23 February 2015, by clause 21(12) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
3 Distributor's decision on application
(1) A distributor must, within 30 business days after the date of receipt of a completed
application made in accordance with clause 2, give notice in writing to the applicant
stating whether the application is approved or declined.
(2) A distributor must approve an application if—
(a) the application has been properly made in accordance with Part 6 of this Code;
and
(b) the information provided in the application would reasonably support an
assessment by the distributor that
(i) the distributed generator will comply at all times with the requirements of
the Health and Safety at Work Act 2015; and
(ii) the distributed generator will ensure that the distributed generation
complies at all times with the Act, and this Code; and
(iii) the distributed generation meets the distributor's connection and
operation standards.
(3) A notice stating that an application is declined must be accompanied by the following
information:
(a) detailed reasons of why the application has been declined and the steps that the
applicant can take to achieve approval if it makes a new application:
(b) information about the default process under Schedule 6.3 for the resolution of
disputes between participants about an alleged breach of the regulated terms or
any other provision of Part 6 of this Code:
(c) that if the distributed generator is not a participant, the distributed generator
may report to the Authority under the Electricity Industry (Enforcement)
Regulations 2010 if it considers that the distributor has breached any
requirement in Part 6 of this Code.
Compare: SR 2007/219 clause 3 Schedule 1
Clause 3(2): amended, on 23 February 2015, by clause 22(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 3(2)(b)(i): amended, on 5 October 2017, by clause 41 of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 3(2)(b)(ii) and (iii): substituted, on 23 February 2015, by clause 22(2) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 3(3)(a) and (b): amended, on 23 February 2015, by clause 22(3) and (4) of the Electricity Industry
Participation Code Amendment (Distributed Generation) 2014.
Clause 3(3)(c): inserted, on 23 February 2015, by clause 22(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
4 Extension of time by mutual agreement for distributor to process application
(1) A distributor may seek an extension of the time specified in clause 3(1) by which the
distributor must give notice in writing stating whether an application is approved or
declined.
(2) The distributor must do this by notice in writing to the distributed generator
specifying the reasons for the extension.
Electricity Industry Participation Code 2010
Schedule 6.1
15 5 October 2017
(3) The distributed generator that made the application
(a) may grant an extension which must not exceed 20 business days; and
(b) must not unreasonably withhold consent to an extension.
Compare: SR 2007/219 clause 4 Schedule 1
Clause 4(1): amended, on 23 February 2015, by clause 23(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 4(3): substituted, on 23 February 2015, by clause 23(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
5 Distributed generator must give notice of intention to negotiate
(1) If a distributor advises a distributed generator that its application is approved, the
distributed generator must give written notice to the distributor confirming whether
the distributed generator intends to negotiate a connection contract under clause 6
and, if so, confirming the details of the distributed generation to which the application
relates.
(2) The distributed generator must give the notice within 10 business days after the
distributor gives notice of approval, or such later date as is agreed by the distributor
and the distributed generator.
(3) The distributor's duties under Part 6 of this Code arising from the application no
longer apply if the distributed generator fails to give notice to the distributor within
the time limit specified in subclause (2).
(4) Subclause (3) does not prevent the distributed generator from making a new
application under Part 6 of this Code.
Compare: SR 2007/219 clause 5 Schedule 1
Heading: amended, on 5 October 2017, by clause 42(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 5(1): substituted, on 23 February 2015, by clause 24(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 5(1): amended, on 5 October 2017, by clause 42(2) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.Clause 5(2): amended, on 23 February 2015, by clause 24(2) of the Electricity
Industry Participation Code Amendment (Distributed Generation) 2014.
Clause 5(3) and (4): amended, on 23 February 2015, by clause 24(3) and (4) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Post-approval process
Cross heading: amended, on 23 February 2015, by clause 25 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
6 30 business days to negotiate connection contract if distributed generator notifies
intention to proceed
(1) If a distributed generator whose application under clause 2 is approved gives notice to
a distributor under clause 5, the distributor and the distributed generator have 30
business days, starting on the date on which the distributor receives the notice, during
which they must, in good faith, attempt to negotiate a connection contract.
(2) The distributor and the distributed generator may, by agreement, extend the time
specified in subclause (1) for negotiating a connection contract.
Compare: SR 2007/219 clause 6 Schedule 1
Clause 6: amended, on 23 February 2015, by clauses 26 and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 6: amended, on 5 October 2017, by clause 43 of the Electricity Industry Participation Code Amendment (Code
Review Programme) 2017.
Electricity Industry Participation Code 2010
Schedule 6.1
16 5 October 2017
7 Testing and inspection
(1) Subject to subclause (1A), a distributed generator whose application under clause 2 is
approved by a distributor must test and inspect the distributed generation to which
the application relates within a reasonable time frame specified by the distributor.
(1A) The distributor may waive the requirement that the distributed generator test and
inspect if the distributor is satisfied that the distributed generation complies with the
distributor’s connection and operation standards.
(2) The distributed generator must give adequate notice of the testing and inspection to
the distributor.
(3) The distributor may send qualified personnel to the site to observe the testing and
inspection.
(4) The distributed generator must give the distributor with a written test report when
testing and inspection is complete, including suitable evidence that the distributed
generation complies with the distributor's connection and operation standards.
(5) The distributed generator must pay any fee specified by the distributor in accordance
with clause 6.3(2)(e) for observing the testing and inspection.
Compare: SR 2007/219 clause 7 Schedule 1
Clause 7(1): substituted, on 23 February 2015, by clause 27(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 7(1A): inserted, on 23 February 2015, by clause 27(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 7(4) and (5): amended, on 23 February 2015, by clause 27(3) and (4) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
8 Connection of distributed generation if connection contract negotiated
(1) This clause applies if a distributor and a distributed generator whose application
under this Part of this Schedule is approved enter into a connection contract before the
period for negotiating a connection contract under this Part of this Schedule expires.
(2) If the application is to connect distributed generation under clause 1B(a), the
distributor must allow the distributed generator to connect the distributed
generation in accordance with the contract as soon as practicable.
(3) If the application is to continue an existing connection of distributed generation under
clause 1B(b), the distributor must use its best endeavours to ensure that the new terms
under which the distributed generator's existing connection continues apply—
(a) as soon as practicable, if the previous connection contract has expired; or
(b) no later than the expiry of the previous connection contract, if the contract is in
force.
(4) If the application is to continue an existing connection for which there is no connection
contract under clause 1B(c), the distributor must use its best endeavours to ensure that
the new terms under which the distributed generator's existing connection continues
apply as soon as practicable.
(5) If the application is to change the nameplate capacity or fuel type of connected
distributed generation under clause 1B(d), the distributor must use its best
endeavours to ensure that the new terms under which the distributed generator's
existing connection continues apply as soon as practicable.
Compare: SR 2007/219 clause 8 Schedule 1
Clause 8: substituted, on 23 February 2015, by clause 28 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Electricity Industry Participation Code 2010
Schedule 6.1
17 5 October 2017
Clause 8: amended, on 5 October 2017, by clause 44 of the Electricity Industry Participation Code Amendment (Code
Review Programme) 2017.
9 Connection of distributed generation on regulated terms if connection contract not
negotiated
(1) This clause applies if a distributor and a distributed generator whose application
under this Part of this Schedule is approved do not enter into a connection contract
before the period for negotiating a connection contract under this Part of this Schedule
expires.
(2) If the application is to connect distributed generation under clause 1B(a), the
distributor must allow the distributed generator to connect the distributed
generation on the regulated terms as soon as practicable after the expiry of the period.
(3) If the application is to continue an existing connection of distributed generation under
clause 1B(b), the regulated terms apply to the distributed generator’s existing
connection as follows:
(a) if the previous connection contract has expired, the regulated terms apply from
the day after the date on which the period for negotiating a connection contract
under this Part of this Schedule expires:
(b) if the previous connection contract is still in force, the regulated terms apply
from the day after the date on which the contract expired.
(4) If the application is to continue an existing connection for which there is no connection
contract under clause 1B(c), the regulated terms apply from the day after the date that
the period for negotiating a connection contract under this Part of this Schedule expires.
(5) If the application is to change the nameplate capacity or fuel type of connected
distributed generation under clause 1B(d), the regulated terms apply from the day
after the date that the period for negotiating a connection contract under this Part of this
Schedule expires.
Compare: SR 2007/219 clause 9 Schedule 1
Clause 9: substituted, on 23 February 2015, by clause 28 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 9: amended, on 5 October 2017, by clause 45(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 9(2): amended, on 5 October 2017, by clause 45(2) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 9(5): amended, on 5 October 2017, by clause 45(3) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
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Schedule 6.1
18 5 October 2017
Part 1A
Applications for distributed generation of 10 kW or less in total in specified
circumstances
9A Contents of this Part
(1) This Part applies to applications relating to distributed generation that has a
nameplate capacity of 10 kW or less in total if the distributed generator that owns or
operates the distributed generation has elected, under clause 1D, to apply under this
Part of this Schedule.
(2) This Part of this Schedule provides for a simplified 1-stage application process.
9B Application for distributed generation of 10 kW or less in total in specified
circumstances
(1) A distributed generator's application to a distributor must specify which of the
following circumstances applies:
(a) the distributed generator wishes to connect distributed generation:
(b) the distributed generator wishes to continue an existing connection of
distributed generation that is connected in accordance with a connection
contract that
(i) is in force and the distributed generator wishes to extend the term of the
connection contract; or
(ii) has expired:
(c) the distributed generator wishes to continue an existing connection of
distributed generation that is connected without a connection contract:
(d) the distributed generator wishes to change the nameplate capacity or fuel type
of connected distributed generation.
(2) An application must include the following:
(a) the name, contact, and address details of the distributed generator and, if
applicable, the distributed generator’s agent:
(b) a brief description of the physical location at the address at which the distributed
generation is or will be connected:
(c) any application fee specified by the distributor in accordance with clause
6.3(2)(e):
(d) details of the make and model of the inverter:
(e) confirmation as to whether the inverter—
(i) is included on the distributor’s list of approved inverters made publicly
available under clause 6.3(2)(f); or
(ii) conforms with the protection settings specified in the distributor’s
connection and operation standards:
(f) if the inverter is not included on the distributor’s list of approved inverters, a
copy of the AS/NZS 4777.2 Declaration of Conformity certificate for the inverter:
(g) details of
(i) the nameplate capacity of the distributed generation; and
(ii) the fuel type of the distributed generation (for example, solar, wind, or
liquid fuel).
(3) The distributed generator must also give the distributor the following information as
soon as it is available, but no later than 10 business days after the approval of the
application:
Electricity Industry Participation Code 2010
Schedule 6.1
19 5 October 2017
(a) a copy of the Certificate of Compliance issued under the Electricity (Safety)
Regulations 2010 that relates to the distributed generation:
(b) the ICP identifier of the ICP at which the distributed generation is connected
or is proposed to be connected, if one exists.
(4) A distributor must, no later than 2 business days after receiving an application from a
distributed generator, acknowledge receipt of the application.
Clause 9B: amended, on 5 October 2017, by clause 46(3) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 9B(1)(a): amended, on 5 October 2017, by clause 46(1) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 9B(1): amended, on 5 October 2017, by clause 46(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 9B(2)(f): amended, on 20 October 2016, by clause 5 of the Electricity Industry Participation Code
Amendment (Inverter Standard for Distributed Generation) 2016.
9C Distributor may inspect distributed generation
(1) A distributor may inspect distributed generation that is connected or is proposed to
be connected to its distribution network for the purpose of—
(a) verifying that the distributed generation meets, or continues to meet, the
requirements specified in clause 1D; or
(b) verifying the information contained in an application made under this Part of this
Schedule.
(2) If a distributor wishes to inspect distributed generation, the distributor must give the
distributed generator at least 2 business days’ notice of the time and date on which
the inspection will take place.
(3) Following receipt of a notice, the distributed generator must—
(a) pay the fee specified by the distributor in accordance with clause 6.3(2)(e) for
the inspection (if any); and
(b) provide or arrange for the distributor to have reasonable access to the
distributed generation.
Clause 9C(1): amended, on 5 October 2017, by clause 47 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
9D Export congestion
(1) This clause applies if a distributed generator applies to a distributor under this Part
of this Schedule to connect distributed generation or continue an existing connection
of distributed generation to a location on the distributor's distribution network that
is included in the list made publicly available in accordance with clause 6.3(2)(da).
(2) The distributor may advise the distributed generator that the distributed generation
may be subject to export congestion as set out in the distributor’s congestion
management policy.
(3) If a distributor has advised a distributed generator under subclause (2), the
distributor must take reasonable steps to work with the distributed generator to
assess whether solutions exist to mitigate the export congestion.
Clause 9D(1): amended, on 5 October 2017, by clause 48 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
9E Non-compliance or incomplete information
(1) This clause applies if a distributor considers that an application made to it by a
distributed generator under this Part of this Schedule has 1 or more of the following
deficiencies:
Electricity Industry Participation Code 2010
Schedule 6.1
20 5 October 2017
(a) the distributed generation to which the application relates does not meet the
requirements specified in clause 1D:
(b) the distributed generation to which the application relates is not as described in
the information given under clause 9B(2):
(c) the distributed generator has not complied with clause 9B(2).
(2) If this clause applies, the distributor must advise the distributed generator of the
deficiency or deficiencies.
(3) If the distributed generator is advised of a deficiency or deficiencies, it must remedy
each deficiency to the satisfaction of the distributor no later than 10 business days
after being advised of the deficiency.
(4) If the distributed generator is required to remedy a deficiency it must pay the relevant
fee specified by the distributor in accordance with clause 6.3(2)(e).
(5) If the distributed generator does not remedy each deficiency of which it is advised
within the time frame specified in subclause (3)
(a) if the distributed generation to which the application relates is electrically
connected to the distributor's distribution network at the time the distributor
advises the distributed generator under subclause (2), the distributor may, by
notice to the distributed generator, require the distributed generator to
(i) electrically disconnect the distributed generation within a reasonable
time frame specified by the distributor (if applicable); and
(ii) keep the distributed generation electrically disconnected until each
deficiency is remedied to the distributor's satisfaction; or
(b) if the distributed generation is not connected to the distributor’s distribution
network at the time of being advised under subclause (2), the distributor may,
by notice to the distributed generator, prohibit the distributed generator from
connecting the distributed generation to the distributor's distribution network
until each deficiency is remedied to the distributor’s satisfaction.
(6) The distributor must approve connection of the distributed generation as soon as is
reasonable in the circumstances if
(a) the distributed generator complies with a notice given under subclause (5)(a) (if
applicable); and
(b) the distributed generator remedies each deficiency advised under subclause
(2)
(i) to the satisfaction of the distributor; and
(ii) no later than 12 months after the date of the notice given under subclause (5)
or such later date as is agreed by the distributor and the distributed
generator.
(7) If the distributor approves the connection of distributed generation, it must give a
notice of final approval to the distributed generator under clause 9F.
Clause 9E(5)(a): replaced, on 5 October 2017, by clause 49(1) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 9E(5)(b): amended, on 5 October 2017, by clause 49(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 9E(6): amended, on 5 October 2017, by clause 49(3) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 9E(7): amended, on 5 October 2017, by clause 49(4) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
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Schedule 6.1
21 5 October 2017
9F Notice of final approval
(1) A distributor must give a notice of final approval of distributed generation to a
distributed generator that has made an application to the distributor under this Part of
this Schedule if the distributor is satisfied that
(a) the distributed generation meets the requirements specified in clause 1D; and
(b) the information given by the distributed generator under clause 9B(2) is
complete and accurate.
(2) The distributor must give the notice no later than 10 business days after the date on
which the application was submitted.
(3) If the distributed generator does not receive a notice by the date specified in subclause
(2), the distributor is deemed to have given notice of final approval.
9G Regulated terms apply
(1) If a distributor gives a notice of final approval to a distributed generator under clause
9F, the regulated terms apply.
(2) Despite subclause (1), and in accordance with clause 6.6(4), the distributor and
distributed generator may at any time enter into a connection contract on terms that
apply instead of the regulated terms.
Clause 9G(2): amended, on 5 October 2017, by clause 50 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
9H When distributed generator may connect to distribution network
(1) A distributed generator that has submitted an application to a distributor under
clause 1D may connect the distributed generation to which the application relates to
the distributor's distribution network if the distributed generator receives a notice
of final approval under clause 9F(1), or is deemed to have received a notice of final
approval under clause 9F(3).
(2) Despite subclause (1) a distributor may prohibit a distributed generator from
connecting if
(a) the distributor has advised the distributed generator of a deficiency under
clause 9E(2) and the deficiency has not been remedied in accordance with clause
9E(3); or
(b) the distributor gave notice that it wished to inspect the distributed generation
under clause 9C(2), but the distributed generator has not provided or arranged
for the distributor to have reasonable access to the distributed generation under
clause 9C(3)(b).
Part 1A: inserted, on 23 February 2015, by clause 29 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 9H(1) and (2): amended, on 5 October 2017, by clause 51 of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Electricity Industry Participation Code 2010
Schedule 6.1
22 5 October 2017
Part 2
Applications for distributed generation
above 10 kW in total
Heading: amended, on 23 February 2015, by clause 30 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
10 Contents of this Part
(1) This Part of this Schedule applies to applications relating to distributed generation that
has a nameplate capacity of more than 10 kW in total.
(2) This Part of this Schedule provides for a 2-stage application process.
Compare: SR 2007/219 clause 10 Schedule 1
Clause 10(1): substituted, on 23 February 2015, by clause 31 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Initial application process
11 Distributed generator must make initial application and give information
(1) [Revoked]
(2) A distributed generator must apply to a distributor ("initial application") by
(a) using the application form provided by the distributor that is publicly available
under clause 6.3(2)(a); and
(b) providing any information in respect of the distributed generation to which the
application relates that is
(i) referred to in subclause (3); and
(ii) specified by the distributor under clause 6.3(3) as being required to be
provided with the application; and
(c) paying the application fee (if any) specified by the distributor in accordance with
clause 6.3(2)(e).
(3) The information may include the following:
(a) the full name and address of the distributed generator and the contact details of
a person whom the distributor may contact regarding the distributed
generation:
(aa) whether the application is to
(i) connect distributed generation; or
(ii) continue an existing connection of distributed generation that is connected
in accordance with a connection contract if the connection contract
(A) is in force and the distributed generator wishes to extend the term of
the connection contract; or
(B) has expired; or
(iii) continue an existing connection of distributed generation that is connected
without a connection contract; or
(iv) change the nameplate capacity or fuel type of connected distributed
generation:
(b) evidence of the nameplate capacity that the distributed generation will have:
(ba) if the application is to change the nameplate capacity or fuel type of connected
distributed generation,—
Electricity Industry Participation Code 2010
Schedule 6.1
23 5 October 2017
(i) the nameplate capacity that the distributed generation will have after the
change; and
(ii) the aggregate nameplate capacity that all distributed generation that is
connected at the point of connection at which the distributed generation is
connected will have after the change; and
(iii) the fuel type that the distributed generation will have after the change:
(c) details of the fuel type of the distributed generation (for example, solar, wind, or
liquid fuel):
(d) a brief description of the physical location at the address at which the distributed
generation is or will be connected:
(da) if the application is to connect distributed generation, when the distributed
generator expects the distributed generation to be connected:
(e) technical specifications of the distributed generation and associated equipment,
including the following:
(i) technical specifications of equipment that allows the distributed
generation to be electrically disconnected from the distribution network
on loss of mains voltage:
(ii) manufacturer's rating of equipment:
(iii) number of phases:
(iv) proposed or current point of connection to the distribution network (for
example, the ICP identifier and street address):
(v) details of either or both of any inverter and battery storage:
(vi) details of any load at the proposed or current point of connection:
(vii) details of the voltage (for example, 415 V or 11 kV) when electrically
connected:
(f) information showing how the distributed generation complies with the
distributor's connection and operation standards:
(g) the maximum active power injected (MW max):
(h) the reactive power requirements (MVArs) (if any):
(i) resistance and reactance details of the distributed generation:
(j) fault level contribution (kA):
(k) method of voltage control:
(l) single line diagram of proposed connection:
(m) means of synchronising with, electrically connecting to, and electrically
disconnecting from, the distribution network, including the type and ratings of
the proposed circuit breaker:
(n) details of compliance with frequency and voltage support requirements as
specified in this Code (if applicable):
(o) proposed periods and amounts of electricity injections into, and offtakes from,
the distribution network (if known):
(p) any other information that is required by the system operator:
(q) any additional information or documents that are reasonably required by the
distributor.
(4) [Revoked]
Electricity Industry Participation Code 2010
Schedule 6.1
24 5 October 2017
(5) The distributor must, within 5 business days of receiving an initial application, give
written notice to the applicant advising whether or not the application is complete.
Compare: SR 2007/219 clause 11 Schedule 1
Heading: amended, on 23 February 2015, by clause 32(1) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 11: amended, on 5 October 2017, by clause 52(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 11(1): revoked, on 23 February 2015, by clause 32(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(2): substituted, on 23 February 2015, by clause 32(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(a): amended, on 23 February 2015, by clause 32(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(aa): inserted, on 23 February 2015, by clause 32(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(aa): amended, on 5 October 2017, by clause 52(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(aa), (ba) and (d): amended, on 5 October 2017, by clause 52(3) of the Electricity Industry Participation
Code Amendment (Code Review Programme) 2017.
Clause 11(3)(b): substituted, on 23 February 2015, by clause 32(6) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(ba): inserted, on 23 February 2015, by clause 32(7) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 2(3)(ba)(ii): amended, on 23 February 2015, by clause 7(1) of the Electricity Industry Participation Code
Amendment (Minor Code Amendments) (No 3) 2014.
Clause 2(3)(ba)(iii): inserted, on 23 February 2015, by clause 7(2) of the Electricity Industry Participation Code
Amendment (Minor Code Amendments) (No 3) 2014.
Clause 11(3)(c) and (d): substituted, on 23 February 2015, by clause 32(8) of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 11(3)(da): inserted, on 23 February 2015, by clause 32(9) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(da): amended, on 5 October 2017, by clause 52(4) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(e): substituted, on 23 February 2015, by clause 32(10) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(e)(i): amended, on 5 October 2017, by clause 52(5) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(e)(vii): amended, on 5 October 2017, by clause 52(6) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(i): amended, on 23 February 2015, by clause 32(11) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(l): amended, on 23 February 2015, by clause 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(3)(l): amended, on 5 October 2017, by clause 52(7) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(m): amended, on 23 February 2015, by clauses 32(12) and 75 of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Clause 11(3)(m): replaced, on 5 October 2017, by clause 52(8) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 11(3)(q): amended, on 23 February 2015, by clause 32(13) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 11(4): revoked, on 23 February 2015, by clause 32(14) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
12 Distributor must give information to distributed generator
A distributor must give a distributed generator that makes an initial application the
following within 30 business days of receiving the completed initial application:
(a) information about the capacity of the distribution network, including both the
design capacity (including fault levels) and actual operating levels:
Electricity Industry Participation Code 2010
Schedule 6.1
25 5 October 2017
(b) information about the extent to which connection and operation of the distributed
generation may result in a breach of the relevant standards for safety, voltage,
power quality, and reliability of electricity conveyed to points of connection on
the distribution network:
(c) information about any measures or conditions (including modifications to the
design and operation of the distribution network or to the operation of the
distributed generation) that may be necessary to address the matters referred to
in paragraphs (a) and (b):
(d) the approximate costs of any distribution network related measures or conditions
identified under paragraph (c) and an estimate of time constraints or restrictions
that may delay connecting the distributed generation:
(e) information about any further detailed investigative studies that the distributor
reasonably considers are necessary to identify any potential adverse effects the
distributed generation may have on the system, together with an indication of—
(i) whether the distributor agrees to the distributed generator, or a suitably
qualified agent of the distributed generator, undertaking those studies; or
(ii) if not, whether the distributor could undertake those studies and, if so, the
reasonable estimated cost of the studies that the distributed generator
would be charged:
(f) information about any obligations to other parties that may be imposed on the
distributor and that could affect the distributed generation (for example,
obligations to Transpower, in respect of other networks, or under this Code):
(g) any additional information or documents that the distributor considers would
assist the distributed generator's application:
(h) information about the extent to which planned and unplanned outages may
adversely affect the operation of the distributed generation.
Compare: SR 2007/219 clause 12 Schedule 1
Heading: amended, on 23 February 2015, by clause 33(1) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 12: amended, on 23 February 2015, by clause 33(2) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 12(b): amended, on 23 February 2015, by clauses 33(3) and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 12(b): amended, on 5 October 2017, by clause 53(1) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 12(d): amended, on 23 February 2015, by clauses 33(4) and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 12(d): amended, on 5 October 2017, by clause 53(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 12(e): amended, on 23 February 2015, by clause 33(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
13 Other matters to assist with decision making
(1) A distributor must provide, if requested by a distributed generator making an initial
application, further information that is reasonably necessary to enable the distributed
generator to consider and act on the information given by the distributor under clause
12.
(2) The information that the distributor must provide under subclause (1) may include
single line diagrams, equipment ratings, normal switch configurations (including fault
Electricity Industry Participation Code 2010
Schedule 6.1
26 5 October 2017
levels), and protection system details relevant to the current or proposed point of
connection of the distributed generation to the distribution network.
(3) The distributor must provide the further information under this clause within 10
business days of the request being received.
Compare: SR 2007/219 clause 13 Schedule 1
Clause 13(2): amended, on 23 February 2015, by clause 34 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
14 Distributor and distributed generator must make reasonable endeavours
regarding new information
If a distributor or a distributed generator has given information under this Part of this
Schedule and subsequently becomes aware of new information that is relevant to the
application, the party that becomes aware of the new information must use reasonable
endeavours to provide the other party with the new information.
Compare: SR 2007/219 clause 14 Schedule 1
Clause 14: amended, on 23 February 2015, by clause 35 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Final application process
15 Distributed generator must make final application
(1) A distributed generator that makes an initial application to a distributor must make
a final application, no later than 12 months after receiving information under clauses
12 and 13, if the distributed generator wishes to proceed with the application,
unless—
(a) the distributor and the distributed generator agree that a final application is
not required; and
(b) there are no persons to whom notification is required under clause 16 at the time
that the distributor and distributed generator agree that a final application is
not required.
(1A) If a final application is not required—
(a) subclause (2) does not apply; and
(b) the distributed generator’s initial application must be treated as a final
application for the purposes of clauses 16 to 24.
(2) The distributed generator must make the final application by
(a) using the final application form provided by the distributor that is publicly
available under clause 6.3(2)(a); and
(b) providing the results of any investigative studies that were identified by the
distributor under clause 12(e)(i) as to be undertaken by the distributed
generator or the distributed generator's agent.
Compare: SR 2007/219 clause 15 Schedule 1
Clause 15(1): substituted, on 23 February 2015, by clause 36(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 15(1A): inserted, on 23 February 2015, by clause 36(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
16 Notice to third parties
A distributor that receives a final application must give written notice to the following
persons no later than 10 business days after receiving the final application:
Electricity Industry Participation Code 2010
Schedule 6.1
27 5 October 2017
(a) all persons that have made an initial application relating to a particular part of the
distribution network that the distributor considers would be affected by the
approval of the final application; and
(b) all distributed generators that have distributed generation with a nameplate
capacity of 10 kW or more in total connected on the regulated terms to the
particular part of the distribution network that the distributor considers would
be affected by the approval of the final application.
Compare: SR 2007/219 clause 16 Schedule 1
Clause 16: substituted, on 23 February 2015, by clause 37 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 16(b): amended, on 5 October 2017, by clause 54 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
17 Priority of final applications
(1) Subclause (2) applies if—
(a) a distributor receives a final application (the first application); and
(b) the distributor receives another final application, within 20 business days after
receiving the first application, relating to a particular part of the distribution
network that the distributor considers would be affected by the approval of the
first application.
(2) If this subclause applies, the distributor
(a) may consider the final applications together as if they were competitive bids to
use the same part of the distribution network; and
(b) must consider the final applications in light of the purpose of Part 6 of this Code.
(3) In any other case in which a distributor receives more than 1 final application relating
to a similar part of the distribution network, the distributor must consider an earlier
final application in priority to other final applications.
(4) Subclause (3) does not limit clause 19.
Compare: SR 2007/219 clause 17 Schedule 1
Clause 17(1) and (2): substituted, on 23 February 2015, by clause 38(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 17(3): amended, on 23 February 2015, by clause 38(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
18 Distributor's decision on application
(1) A distributor must, within the time limit specified in clause 19, give notice in writing
to the applicant stating whether the final application is approved or declined.
(2) A distributor must approve a final application, subject to any conditions specified by
the distributor that are reasonably required, if
(a) the application has been properly made in accordance with Part 6 of this Code;
and
(b) the information provided in the application would reasonably support an
assessment by the distributor that
(i) the distributed generator will comply at all times with the requirements of
the Health and Safety at Work Act 2015; and
(ii) the distributed generator will ensure that the distributed generation
complies at all times with the Act and this Code; and
Electricity Industry Participation Code 2010
Schedule 6.1
28 5 October 2017
(iii) the distributed generation meets the distributor's connection and
operation standards (assuming that the distributed generator meets the
conditions (if any) referred to in subclause (3)).
(3) A notice stating that an application is approved must be accompanied by the following
information:
(a) a detailed description of any conditions (or other measures) that are conditions of
the approval under subclause (2), and what the distributed generator must do to
comply with them:
(b) detailed reasons for those conditions (or other measures):
(c) a detailed description of any charges payable by the distributed generator to the
distributor or by the distributor to the distributed generator, and an
explanation of how the charges have been, or will be, calculated:
(d) the default process for resolving disputes under Schedule 6.3, if the distributed
generator disputes all or any of the conditions (or other measures) or charges
payable.
(4) A notice stating that an application is declined must be accompanied by the following
information:
(a) detailed reasons as to why the application has been declined and what the
applicant must do to get approval if it makes a new application:
(aa) if the application is one to which clause 17(2) applies, the criteria used in making
a decision under clause 17(2)(a) and clause 17(2)(b):
(b) the default process for resolving disputes between participants under
Schedule 6.3:
(c) that if the distributed generator is not a participant, the distributed generator
may report to the Authority under the Electricity Industry (Enforcement)
Regulations 2010 if it considers that the distributor has breached any
requirement in Part 6 of this Code.
Compare: SR 2007/219 clause 18 Schedule 1
Clause 18(2): amended, on 23 February 2015, by clause 39(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 18(2)(b)(i): amended, on 5 October 2017, by clause 55 of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 18(3): substituted, on 23 February 2015, by clause 39(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 18(4)(a): substituted, on 23 February 2015, by clause 39(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 18(4)(aa): inserted, on 23 February 2015, by clause 39(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 18(4)(b: substituted, on 23 February 2015, by clause 39(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 18(4)(c): inserted, on 23 February 2015, by clause 39(5) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
19 Time within which distributor must decide final applications
(1) A notice required by clause 18 must be given by a distributor to a distributed
generator no later than
(a) 45 business days after the date of receipt of the final application, in the case of
distributed generation that will have a nameplate capacity of less than 1 MW;
or
Electricity Industry Participation Code 2010
Schedule 6.1
29 5 October 2017
(b) 60 business days after the date of receipt of the final application, in the case of
distributed generation that will have a nameplate capacity of 1 MW or more
but less than 5 MW; or
(c) 80 business days after the date of receipt of the final application, in the case of
distributed generation that will have a nameplate capacity of 5 MW or more.
(2) The distributor may seek 1 or more extensions of the time specified in subclause (1).
(3) The distributor must do this by notice in writing to the distributed generator
specifying the reasons for the extension.
(4) A distributed generator that receives a notice seeking an extension
(a) may grant an extension which must not exceed 40 business days; and
(b) must not unreasonably withhold consent to an extension.
Compare: SR 2007/219 clause 19 Schedule 1
Clause 19(1): substituted, on 23 February 2015, by clause 40(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 19(4): substituted, on 23 February 2015, by clause 40(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
20 Distributed generator must give notice of intention to proceed
(1) If a distributor advises a distributed generator that the distributed generator's final
application is approved, the distributed generator must give written notice to the
distributor confirming whether or not the distributed generator intends to proceed to
negotiate a connection contract under clause 21(1) and, if so, confirming—
(a) the details of the distributed generation; and
(b) that the distributed generator accepts all of the conditions (or other measures)
that have been specified by the distributor under clause 18.
(2) The distributed generator must give the notice no later than 30 business days after the
day on which the distributor gives notice of approval under clause 18, or such later
date as is agreed by the distributor and the distributed generator.
(3) If the distributed generator is a participant and does not accept 1 or more of the
conditions specified by the distributor under clause 18(2) (if any), but intends to
proceed to negotiate a connection contract under clause 21(1), the distributed
generator must—
(a) give notice of the dispute in accordance with clause 2 of Schedule 6.3 within 30
business days after the day on which the distributor gives notice of approval
under clause 18; and
(b) give a notice under subclause (1) within 30 business days after the dispute is
resolved.
(4) The distributor's duties under Part 6 of this Code arising from the application no
longer apply if the distributed generator fails to give notice to the distributor of an
intention to proceed to negotiate a connection contract under clause 21(1) within the
time limits specified in this clause.
(5) Subclause (4) does not prevent the distributed generator from making a new
application under Part 6 of this Code.
Compare: SR 2007/219 clause 20 Schedule 1
Clause 20: substituted, on 23 February 2015, by clause 41 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 20: amended, on 5 October 2017, by clause 56 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Electricity Industry Participation Code 2010
Schedule 6.1
30 5 October 2017
Post-approval process
Cross heading: amended, on 23 February 2015, by clause 42 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
21 30 business days to negotiate connection contract if distributed generator notifies
intention to proceed
(1) If a distributed generator whose final application is approved gives notice to a
distributor under clause 20(1), the distributor and the distributed generator have 30
business days, starting on the date on which the distributor receives the notice, during
which they must, in good faith, attempt to negotiate a connection contract.
(2) The distributor and the distributed generator may, by agreement, extend the time
specified in subclause (1) for negotiating a connection contract.
Compare: SR 2007/219 clause 21 Schedule 1
Clause 21: amended, on 23 February 2015, by clauses 43 and 75 of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 21: amended, on 5 October 2017, by clause 57 of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
22 Testing and inspection
(1) A distributed generator whose final application is approved by a distributor must
test and inspect the distributed generation to which the final application relates
within a reasonable time frame specified by the distributor.
(1A) The distributor may waive the requirement that the distributed generator test and
inspect if the distributor is satisfied that the distributed generation complies with the
distributor’s connection and operation standards.
(2) The distributed generator must give adequate notice of the testing and inspection to
the distributor.
(3) The distributor may send qualified personnel to the site to observe the testing and
inspection.
(4) The distributed generator must give the distributor with a written test report when
testing and inspection is complete, including suitable evidence that the distributed
generation complies with the distributor’s connection and operation standards.
(5) The distributed generator must pay any fee specified by the distributor in accordance
with clause 6.3(2)(e) for observing the testing and inspection.
Compare: SR 2007/219 clause 22 Schedule 1
Clause 22(1): substituted, on 23 February 2015, by clause 44(1) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 22(1A): inserted, on 23 February 2015, by clause 44(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 22(4): amended, on 23 February 2015, by clause 44(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 22(5): amended, on 23 February 2015, by clause 44(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
23 Connection of distributed generation if connection contract negotiated
(1) This clause applies if a distributor and a distributed generator whose final
application is approved enter into a connection contract before the period for
negotiating a connection contract under this Part of this Schedule expires.
Electricity Industry Participation Code 2010
Schedule 6.1
31 5 October 2017
(2) If the application is to connect distributed generation under clause 1B(a), the
distributor must allow the distributed generator to connect the distributed
generation in accordance with the contract as soon as practicable.
(3) If the application is to continue an existing connection of distributed generation under
clause 1B(b), the distributor must use its best endeavours to ensure that the new terms
under which the distributed generator’s existing connection continues apply—
(a) as soon as practicable, if the previous connection contract has expired; or
(b) no later than the expiry of the previous connection contract, if the contract is in
force.
(4) If the application is to continue an existing connection for which there is no connection
contract under clause 1B(c), the distributor must use its best endeavours to ensure that
the new terms under which the distributed generator’s existing connection continues
apply as soon as practicable.
(5) If the application is to change the nameplate capacity or fuel type of connected
distributed generation under clause 1B(d), the distributor must use its best
endeavours to ensure that the new terms under which the distributed generator’s
existing connection continues apply as soon as practicable.
Compare: SR 2007/219 clause 23 Schedule 1
Clause 23: substituted, on 23 February 2015, by clause 45 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 23: amended, on 5 October 2017, by clause 58(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 23(2): amended, on 5 October 2017, by clause 58(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 23(5): amended, on 5 October 2017, by clause 58(3) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
24 Connection of distributed generation on regulated terms if connection contract not
negotiated
(1) This clause applies if a distributor and a distributed generator whose final
application is approved do not enter into a connection contract before the period for
negotiating a connection contract under this Part of this Schedule expires.
(2) If the application is to connect distributed generation under clause 1B(a), the
distributor must allow the distributed generator to connect the distributed
generation on the regulated terms as soon as practicable after the later of the
following:
(a) the expiry of the period for negotiating a connection contract under this Part of
this Schedule:
(b) the date on which the distributed generator has fully complied with any
conditions (or other measures) that were specified by the distributor under clause
18 as conditions of the connection.
(3) If the application is to continue an existing connection of distributed generation under
clause 1B(b), the regulated terms apply to the distributed generator's existing
connection from the later of the following:
(a) the expiry of the period for negotiating a connection contract under this Part of
this Schedule:
(b) the expiry of the existing connection contract:
(c) the date on which the distributed generator has fully complied with any
conditions (or other measures) that were specified by the distributor under clause
18 as conditions of the connection.
Electricity Industry Participation Code 2010
Schedule 6.1
32 5 October 2017
(4) If the application is to continue an existing connection for which there is no connection
contract under clause 1B(c), the regulated terms apply from the later of the following:
(a) the expiry of the period for negotiating a connection contract under this Part of
this Schedule:
(b) the date on which the distributed generator has fully complied with any
conditions (or other measures) that were specified by the distributor under clause
18 as conditions of the connection.
(5) If the application is to change the nameplate capacity or fuel type of connected
distributed generation under clause 1B(d), the regulated terms apply from the later of
the following:
(a) the expiry of the period for negotiating a connection contract under this Part of
this Schedule:
(b) the date on which the distributed generator has fully complied with any
conditions (or other measures) that were specified by the distributor under clause
18 as conditions of the connection.
Compare: SR 2007/219 clause 24 Schedule 1
Clause 24: substituted, on 23 February 2015, by clause 45 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 24: amended, on 5 October 2017, by clause 59(1) of the Electricity Industry Participation Code Amendment
(Code Review Programme) 2017.
Clause 24(2): amended, on 5 October 2017, by clause 59(2) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Clause 24(5): amended, on 23 February 2015, by clause 8 of the Electricity Industry Participation Code Amendment
(Minor Code Amendments) (No 3) 2014.
Clause 24(5): amended, on 5 October 2017, by clause 59(3) of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Part 3
General provisions
Confidentiality
25 Confidentiality of information provided
(1) All information given with, or relating to, an application made under this Schedule to a
distributor must be kept confidential by the distributor except as agreed otherwise by
the person that gave the information.
(1A) A distributor may require a distributed generator to keep confidential information
that
(a) is given to the distributed generator by the distributor for the purpose of an
application under this Schedule; and
(b) the distributor reasonably identifies as being confidential.
(1B) A distributor is excused from processing an application made by a distributed
generator under this Schedule if the distributed generator does not agree to comply
with a requirement to keep information confidential imposed under subclause (1A).
(2) Despite subclause (1), the distributor
(a) may, in response to an application under this Schedule, disclose to the applicant
that another distributed generator has made an application under this Schedule
(without identifying who the other distributed generator is); and
Electricity Industry Participation Code 2010
Schedule 6.1
33 5 October 2017
(b) may, in the case of an application under Part 1 of this Schedule, generally indicate
the location or proposed location of the distributed generation that is the subject
of the other application; and
(c) may, in the case of an application under Part 2 of this Schedule, disclose the
nameplate capacity and proposed location of the distributed generation that is
the subject of the other application.
(3) The obligation to keep information confidential set out in subclause (1) includes—
(a) an obligation not to use the information for any purpose other than considering the
application under this Schedule and enabling the connection or continued
connection of the distributed generation; and
(b) an obligation to destroy the information as soon as is reasonably practicable after
the later of
(i) the date on which the information is no longer required for the purposes in
paragraph (a); and
(ii) 60 months after receiving the information.
Compare: SR 2007/219 clause 25 Schedule 1
Heading: amended, on 23 February 2015, by clause 46(1) of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Clause 25(1): substituted, on 23 February 2015, by clause 46(2) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 25(1A) and (1B): inserted, on 23 February 2015, by clause 46(3) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 25(2) and (3): substituted, on 23 February 2015, by clause 46(4) of the Electricity Industry Participation Code
Amendment (Distributed Generation) 2014.
Clause 25(3)(a): amended, on 5 October 2017, by clause 60 of the Electricity Industry Participation Code
Amendment (Code Review Programme) 2017.
Record keeping
Heading: amended, on 29 August 2013, by clause 4(1) of the Electricity Industry Participation (Additional Registry
Fields) Code Amendment 2012
26 [Revoked]
Compare: SR 2007/219 clause 26 Schedule 1
Clause 26: revoked, on 29 August 2013, by clause 4(2) of the Electricity Industry Participation (Additional Registry
Fields) Code Amendment 2012
27 [Revoked]
Compare: SR 2007/219 clause 27 Schedule 1
Clause 27: amended, on 21 September 2012, by clause 6 of the Electricity Industry Participation (Minor
Amendments) Code Amendment 2012
Clause 27: revoked, on 29 August 2013, by clause 4(2) of the Electricity Industry Participation (Additional Registry
Fields) Code Amendment 2012
28 Distributors must keep records
A distributor must maintain records of each application and notification received under
this Schedule and the resulting outcomes, including records of how long it took to
approve or decline the application, and justification for these outcomes, for a minimum
of 60 months after the day on which the application was approved or declined.
Compare: SR 2007/219 clause 28 Schedule 1
Clause 28: substituted, on 23 February 2015, by clause 47 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Electricity Industry Participation Code 2010
Schedule 6.1
34 5 October 2017
Costs
29 Responsibility for costs under this Schedule
A distributor and distributed generator must pay their respective costs (including
legal costs) incurred under this Schedule.
Cross heading and clause 29: inserted, on 23 February 2015, by clause 48 of the Electricity Industry Participation
Code Amendment (Distributed Generation) 2014.
Electricity Industry Participation Code 2010
Schedule 6.2
35 5 October 2017
Schedule 6.2 cl 6.6
Regulated terms for distributed generation
Heading: amended, on 23 February 2015, by clause 49 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Contents
General
1
Contents of this Schedule
2
Interpretation
3
General obligations
Meters
4
Installation of meters and access to metering information
Access
5
Right of distributor to access distributed generator’s premises
6
Process if distributor wants to access distributed generator’s premises
7
Distributor must not interfere with distributed generator’s equipment
8
Distributed generator must not interfere with, and must protect, distributor’s
equipment
9
Obligation to advise if interference with distributor’s equipment or theft of
electricity is discovered
Interruptions and disconnections
10
General obligations relating to interruptions
11
Circumstances allowing distributor to temporarily electrically disconnect distributed
generation
12
Obligations if distributed generation temporarily electrically disconnected by
distributor
13
Adverse operating effects
14
Interruptions by distributed generator
15
Disconnecting distributed generation
Time frame for construction
15A
Distributed generator must construct distributed generation within 18 months of
approval
Confidentiality
16
General obligations relating to confidentiality
17
When confidential information can be disclosed
18
Disclosures by employees, agents, etc
Pricing
19
Pricing principles
Liability
20
General obligations relating to liability
21
Exceptions to general obligations relating to liability
22
Limits on liability
23
Liability clauses do not apply to fraud, wilful breach, and breach of confidentiality
24
[Revoked]
Electricity Industry Participation Code 2010
Schedule 6.1
9 5 October 2017
Schedule 6.1 cl 6.4
Process for obtaining approval
Heading: amended, on 23 February 2015, by clause 17 of the Electricity Industry Participation Code Amendment
(Distributed Generation) 2014.
Contents
Preliminary provisions
1A Contents of this Schedule
1B Distributed generator must apply
1C How Parts apply to applications
1D When application may be made under Part 1A
Part 1
Applications for distributed generation 10 kW or less in total
1
Contents of this Part
Application process
2
Applications under this Part of this Schedule
3
Distributor’s decision on application
4
Extension of time by mutual agreement for distributor to process application
5
Distributed generator must give notice of intention to negotiate
Post-approval process
6
30 business days to negotiate connection contract if distributed generator notifies
intention to proceed
7
Testing and inspection
8
Connection of distributed generation if connection contract negotiated
9
Connection of distributed generation on regulated terms if connection contract not
negotiated
Part 1A
Applications for distributed generation of 10 kW or less in total in specified circumstances
9A
Contents of this Part
9B
Application for distributed generation of 10 kW or less in total in specified
circumstances
9C
Distributor may inspect distributed generation
9D
Export congestion
9E
Non-compliance or incomplete information
9F
Notice of final approval
9G
Regulated terms apply
9H
When distributed generator may connect to distribution network
Part 2
Applications for distributed generation above 10 kW in total
10
Contents of this Part
Initial application process
11
Distributed generator must make initial application and give information
12
Distributor must give information to distributed generator