APGA welcomes the opportunity to contribute to the Australian Energy Regulator’s consultation on the proposed Market Monitoring Order – Gas Order.
The proposed Order fulfills the requirements of the AER’s wholesale market monitoring and reporting functions outlined in section 30AC of the National Gas Law. Specific comments are provided for the consultation questions below.
The data security requirements for this information will be significant, and given the commercial-in-confidence nature of the documents, likely more so than other information collected by the AER. APGA acknowledges that the AER is undertaking work to strengthen its data management systems and encourages the AER to work with industry ensure these systems are secure and fit for purpose.
APGA further acknowledges the AER’s commitment to achieve a framework that provides the AER with the information necessary to fulfil its functions, while seeking to minimise additional regulatory burden on participants. APGA looks forward to working with the AER with this approach in mind for future regulatory processes.
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AER requested feedback |
APGA response |
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1) The burden the Order is likely to impose. This could include whether: a) the required information is readily available, and in the required format. b) any system changes would be required to efficiently provide the information required by the Order. |
The Order will impose a burden on compliance. However, the approach of the AER regarding the design and timelines of the Order has minimised this burden as much as possible relative to other information collection requirements (noting the existing reporting obligations for actual prices payable under Parts 10 and 18A of the NGR).
In some cases, system changes will be required for participants, but this is likely a once-off requirement. |
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2) Any estimated costs of complying with the Order and where they are attributed (for example, system changes). |
APGA defers to participants for this question. |
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3) Any suggestions on further approaches to minimise participant burden and/or costs while maintaining the integrity of the information required. |
There will likely need to be minor adjustments made to streamline the information collection process after the initial collection date. The AER should remain flexible to accommodate this (see also Q6). |
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4) Whether participants’ internal systems record counterparty names alongside the information they are required to publish under Parts 10 and 18A of the NGR. |
APGA defers to participants for this question. |
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5) Whether supplying contract documents is low burden. |
APGA defers to participants for this question, but notes some participants will need to establish additional approvals processes. |
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6) Whether the proposed two-week timeframe for ongoing submissions is reasonable. |
The proposed two-week timeframe appears to be broadly reasonable, subject to specific views from participants based on their individual business processes, although this may not necessarily hold out in practice. The AER should reserve flexibility to adjust this timeframe in the future if it proves to be unnecessarily burdensome. |
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7) Our approach to the AER Portal and data management, and any considerations relevant to the external user experience, including the burden or cost of using the portal as shown in Appendix A. |
APGA defers to participants for this question, however notes that the use of the portal will likely require significant additional data protections and security measures. |
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8) Whether the requirements of the data portal are clear, and any suggestions for improvement. |
APGA defers to participants for this question. |