Transmission Pipelines Australia (Assets) Pty Ltd




НазваниеTransmission Pipelines Australia (Assets) Pty Ltd
страница1/18
Дата28.09.2012
Размер0.93 Mb.
ТипДокументы
  1   2   3   4   5   6   7   8   9   ...   18


Date 30 November 1998



TPA Service Envelope Agreement

Transmission Pipelines Australia (Assets) Pty Ltd

ACN 079 136 413

Transmission Pipelines Australia Pty Ltd

ACN 079 089 268


and

Victorian Energy Networks Corporation







101 Collins Street Melbourne Victoria 3000 Australia
GPO Box 128A Melbourne 3001
Telephone (03) 9288 1234 Facsimile (03) 9288 1567 DX 240 Melbourne
Reference: SET C/983240100

MELBOURNE SYDNEY PERTH CANBERRA BRISBANE SINGAPORE HANOI HO CHI MINH CITY

CORRESPONDENT OFFICE IN JAKARTA


Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW)



Table of contents

Clause Page

1 Definitions and Interpretation

1.1 Definitions

1.2 Interpretation

2 Term

3 TPA Service Envelope

3.1 The Gas Transmission System

3.2 Specification of the TPA Service Envelope

3.3 Effect of Expansions and/or Extensions

3.4 Authorised MDQ

3.5 Effect of maintenance on TPA Service Envelope

4 TPA Service Envelope Obligations

5 Matters requiring agreement by the parties

5.1 Effect of Changes to the Gas Transmission System and the TPA Service Envelope Capacity

5.2 TPA’s contribution to uplift payments

5.3 Allocation of Authorised MDQ

5.4 Failure to agree

5.5 Effect of parties’ agreement

6 Working Groups

6.1 Facilitation of agreement by Working Group

6.2 Resolution by Independent Expert

6.3 Failure to agree

6.4 Appointment of Working Groups

6.5 Role of Working Group

6.6 Appointment of Independent Expert

6.7 Role of Independent Expert

7 Maintenance by TPA

8 VENCorp Obligations

8.1 Performance of Tariffed VENCorp Services

8.2 Reports

9 Operation of compressors and custody transfer meters

10 Insurances

10.1 Current insurance

10.2 TPA and VENCorp to insure

10.3 VENCorp to insure

10.4 Insurance claims procedure

11 Payment

11.1 Payment of Tariffed Transmission Service Charges to TPA

11.2 Billing of Tariffed Transmission Services

11.3 Charges for Tariffed Transmission Services

11.4 Confidentiality of charges

11.5 Conduct under Gas Transportation Deed

12 Data

12.1 Unverified metering data

12.2 Verified metering data

12.3 Provision of Metering data to TPA

12.4 Gas flow data at Connection Points

12.5 Operational data

13 Intellectual property

14 Emergencies

15 Environment and occupational health and safety

15.1 Compliance with environmental laws

15.2 Compliance with occupational health and safety laws

16 Force Majeure

16.1 General position

16.2 Notification to other parties

16.3 Industrial disturbance

16.4 Qualification

17 Remedies

17.1 Material Breach

17.2 Financial Default

17.3 Cure

18 Ongoing application of Agreement

18.1 Parties must agree

18.2 Failure to reach agreement

18.3 Amendment of Agreement

18.4 Change to Regulatory Instrument

19 Disputes

20 Termination

20.1 Termination of Agreement

20.2 After termination

21 Confidentiality

22 Notices

22.1 How notices may be given

22.2 When notice taken as given

22.3 Change of address or fax number

23 Assignment

23.1 Assignment generally

23.2 Transfer by State entity

23.3 Assignment not a restriction on securities

24 Change in taxes

25 Relationship between parties

25.1 No partnership or fiduciary relationship

25.2 Joint and several liability of TPA

26 General

26.1 Approvals and consents

26.2 Costs and expenses

26.3 Governing law and jurisdiction

26.4 Waiver

26.5 Further action

26.6 Whole agreement

26.7 Unenforceable provision

26.8 Counterparts

26.9 Survival of provisions

26.10 Separate obligations and expenses

26.11 Settlement of claims

26.12 Specific performance

Schedule 1 Facilities and other matters relevant to Gas Transmission System

Schedule 2 Applicable Operating Conditions

Schedule 3 Gas Transportation Services

Schedule 4 TPA Data Requirements


Attachment 1 Acknowledgment

This TPA Service Envelope Agreement

is made on between the following parties:


1. Transmission Pipelines Australia Pty Ltd
ACN 079 089 268
of 180 Greens Road, Dandenong, Victoria
(TPA)

2. Transmission Pipelines Australia (Assets) Pty Ltd
ACN 079 136 413
of 180 Greens Road, Dandenong, Victoria
(TPA Assets)

3. Victorian Energy Networks Corporation
of 433 Smith Street, North Fitzroy, Victoria
(VENCorp)


Recitals

A. TPA Assets owns the Gas Transmission System and TPA leases the Gas Transmission System from TPA Assets.

B. VENCorp is established under the Act, among other things:

      1. to control the security and operation of the Gas Transmission System; and

      2. to operate the Market under the MSO Rules.

C. The MSO Rules provide:

      1. in clause 5.3.1(a), that TPA Assets, TPA and VENCorp must enter into a service envelope agreement to specify the capacity of TPA’s pipelines available for use by VENCorp under various operating conditions, and to provide for the Gas Transportation Services to be provided by TPA to VENCorp;

      2. in clause 5.3.3, a process to be followed by TPA and VENCorp to agree the amount of Authorised MDQ which may be made available as a consequence of an Expansion and/or Extension which has the effect of increasing the capacity of the Gas Transmission System; and

      3. in the definition of Service Envelope Agreement contained in chapter 11, that the Service Envelope Agreement may also provide for other matters.

D. TPA Assets, TPA and VENCorp have agreed that the definition of the TPA Service Envelope Capacity is based on the facilities which comprise the Gas Transmission System and the capacity associated with those facilities.

E. This Agreement replaces the TPA Service Envelope Agreement and the Pipeline Systems Deed, both of which were entered into by the parties on 11 December 1997.


The parties agree as follows:

  1. Definitions and Interpretation

    1. Definitions

In this Agreement:

Access Arrangement means an arrangement for access to pipelines by third parties lodged with the Regulator under section 2.1 of the Access Code.

Access Code means the Victorian Third Party Access Code for Natural Gas Pipeline Systems or the National Third Party Access Code for Natural Gas Pipeline Systems, whichever is applicable at the relevant time.

Act means the Gas Industry Act 1994 (Vic).

Annual Maintenance Schedule means a maintenance schedule prepared under clause 7.

Authorised MDQ has the same meaning as in the MSO Rules.

Award means a decision of the Dispute Resolution Panel made under clause 19.

Benchmark Distribution Unaccounted For Gas has the same meaning as in the Distribution System Code lodged with the Office of the Regulator-General on 3 November 1997.

Business Day has the same meaning as in the MSO Rules.

Confidential Information means all information disclosed by any party under this Agreement which is notified by that party in writing to the other parties as being confidential information prior to its disclosure.

Connection Point has the same meaning as in the MSO Rules.

Dispute Resolution Panel means a panel appointed under clause 19(a)(1).

Dispute Resolution Procedure means the dispute resolution procedure set out in clause 19.

Expansion has the same meaning as when used in the Tariff Order.

Extension has the same meaning as when used in the Tariff Order.

Financial Default means failure by a party to pay any amount under this Agreement to another party when due.

Financial Year has the same meaning as in the MSO Rules.

Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure including:

      1. act of God, lightening, storm, flood, fire, earthquake, volcanic eruption or explosion;

      2. act of public enemy, war (declared or undeclared), sabotage, blockade, revolution, riot, insurrection, civil commotion;

      3. prolonged major power, gas or water shortage; and

      4. any like or analogous event.

Gas has the same meaning as in the Act.

Gas Transmission System has (subject to clause 3.1) the same meaning as in the Act.

Gas Transportation Deed means a deed of that name made between VENCorp and a Market Participant for the payment of transmission charges.

Gas Transportation Services means the services set out in Schedule 3.

GJ means gigajoules and has the meaning ascribed in clause 10.3 of the MSO Rules.

Good Practice means the exercise of that degree of skill, diligence and foresight consistent with the safe, secure and reliable operation of the Gas Transmission System and the facilities which comprise the Gas Transmission System and prudent practices that reasonably would be accepted by a significant proportion of the providers of transmission pipeline services in Australia and includes, without limitation, the establishment and maintenance of an asset management and maintenance system.

GTC means Gas Transmission Corporation established under Division 1 of Part 2 of the Act.

Independent Expert means a person appointed under clause 6.6.

Insolvency Event means that an order is made by a Court under section 459B of the Corporations Law that a body corporate be wound up in insolvency or a body corporate resolves to wind itself up or to dissolve or any like or analogous events.

LNG means liquefied natural gas.

Market has the same meaning as in the MSO Rules.

Market Participant has the same meaning as in the MSO Rules.

Material Breach means a breach by a party having, or reasonably expected to have, a material adverse effect on any other party’s ability to:

      1. obtain and enjoy its primary rights and benefits under this Agreement; or

      2. comply with any regulatory, legislative, licence or permit obligation,

but does not include a failure by TPA to fulfil the TPA Service Envelope Obligations.

Monthly Maintenance Schedule means a maintenance schedule that is prepared under clause 7(d) and issued every month in respect of the ensuing three month period.

MSO Rules means the rules made under section 48N of the Act.

Murray Valley Extension means the Murray Valley Pipeline as set out in the Principal Transmission System Access Arrangement.

Murray Valley Pipeline means the pipeline from Chiltern to Rutherglen to Koonoomoo, being a gas transmission pipeline owned by TPA Assets and connected to the Gas Transmission System at Chiltern.

Operating Requirements means the operating requirements of VENCorp as provided for in this Agreement.

Pipeline Systems Deed means the deed dated 11 December 1997 between the parties as amended from time to time, in relation to the ownership, use, operation and maintenance of the Gas Transmission System.

  1   2   3   4   5   6   7   8   9   ...   18

Похожие:

Transmission Pipelines Australia (Assets) Pty Ltd iconTransmission Pipelines Australia (Assets) Pty Ltd

Transmission Pipelines Australia (Assets) Pty Ltd iconParsons Brinckerhoff Australia Pty Limited abn 80 078 004 798

Transmission Pipelines Australia (Assets) Pty Ltd iconThe arc’s Executive Directors (EDs) are one of its greatest assets. They are among Australia’s most respected researchers in their fields and draw on extensive

Transmission Pipelines Australia (Assets) Pty Ltd iconTerry Pratchett Strata (text) 0 transworld publishers ltd 61-63 Uxbridge Road, Ealing, London W55sa transworld publishers (australia) pty ltd 15-z5 Helles

Transmission Pipelines Australia (Assets) Pty Ltd iconОоо «Обучение за рубежом «Стьюдентс интернешнл»
Стьюдентс интернешнл» (в дальнейшем именуемый «Исполнитель»), действующим в качестве агента от своего имени, но с согласия idp ielts...
Transmission Pipelines Australia (Assets) Pty Ltd iconThe idea: moving water from northern Australia to southern Australia 3

Transmission Pipelines Australia (Assets) Pty Ltd iconAustralia on the nanoscale: a map of Australia machined into silicon using a focused ion beam. Courtesy of the anu college of Science

Transmission Pipelines Australia (Assets) Pty Ltd iconA paper prepared for Friends of the Earth (Australia), the Australian Conservation Foundation, Greenpeace Australia Pacific, the Medical Association for the

Transmission Pipelines Australia (Assets) Pty Ltd icon1 australia "The Encyclopaedia of Australia's Battles" by Chris Coulthard-Clark. 1998/2001 S/C 306pg. Chronological explanation of Austrlaian involvement in war. Grade I $55

Transmission Pipelines Australia (Assets) Pty Ltd iconPlanar Transmission Line Technologies

Разместите кнопку на своём сайте:
Библиотека


База данных защищена авторским правом ©lib.znate.ru 2014
обратиться к администрации
Библиотека
Главная страница