Event leading to Capacity Shortfall of less than five days. (a) If ARTC expects that an event resulting in a Capacity Shortfall will be for a duration of five days or less, and there will be insufficient Capacity to meet all remaining unconditional Capacity entitlements held by all access holders in that Month after taking into account likely usage of access holders with an allocation period of a Quarter, ARTC will allocate the Capacity available in accordance with the following principles:
(i) Capacity will be allocated first to passenger services in accordance with ARTC’s obligations under section 88L of the Transport Administration Act 1988 (NSW);
(ii) Capacity remaining after the allocation of Capacity under sub- section (a)(i) will be allocated to access holders at ARTC’s discretion. In exercising its discretion ARTC must take into account its contractual obligations under access agreements but may allocate Capacity other than on an equitable basis if it is consistent with the objective of ensuring efficient utilisation of the Capacity and Coal Chain Capacity during the Capacity Shortfall and after considering any recommendations provided by the HVCCC under clause 6.1(a)(ii); and
(iii) in exercising its discretion under subsection (a)(ii), ARTC will use its best endeavours, to the extent practicable, not to reduce availability of contracted access rights from load points not affected by the Capacity Shortfall under this section 6.2.
(b) ARTC will promptly inform the HVCCC of the result of the allocation of Capacity under clause 6.2(a).
