Common use of Event leading to Capacity Shortfall Clause in Contracts

Event leading to Capacity Shortfall. of greater than five days (a) If ARTC expects that an event resulting in a Capacity Shortfall will be for a duration of more than five days or an event resulting in a Capacity Shortfall subsequently has a duration of more than five days, 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) To the extent practicable, contracted path usages from load points not affected by the Capacity Shortfall (for example, load points east of the event causing the Capacity Shortfall), will not be reduced by the Capacity Shortfall and access holders should continue to be able to use contracted path usages originating from unaffected load points. (iii) ARTC will, to the extent practicable, reduce the number of path usages for each affected load point (for example, a load point west of the event causing the Capacity Shortfall where the Access Holder has Capacity Entitlements remaining in that month) with the objective that each affected load point will at the end of the Month have borne an equitable pro-rata share of the Capacity Shortfall. (b) ARTC will promptly inform the HVCCC of the result of the allocation of Capacity under clause 6.3(a).

Event leading to Capacity Shortfall. of greater less than five days (a) If ARTC expects that an event resulting in a Capacity Shortfall will be for a duration of more than five days or an event resulting in a Capacity Shortfall subsequently has a duration of more than five daysless, 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) To 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 path usages access rights from load points not affected by the Capacity Shortfall (for example, load points east of the event causing the Capacity Shortfall), will not be reduced by the Capacity Shortfall and access holders should continue to be able to use contracted path usages originating from unaffected load points. (iii) ARTC will, to the extent practicable, reduce the number of path usages for each affected load point (for example, a load point west of the event causing the Capacity Shortfall where the Access Holder has Capacity Entitlements remaining in that month) with the objective that each affected load point will at the end of the Month have borne an equitable pro-rata share of the Capacity Shortfallunder this section 6.2. (b) ARTC will promptly inform the HVCCC of the result of the allocation of Capacity under clause 6.3(a6.2(a).

Event leading to Capacity Shortfall. of greater less than five days (a) If ARTC expects that an event resulting in a Capacity Shortfall will be for a duration of more than five days or an event resulting in a Capacity Shortfall subsequently has a duration of more than five daysless, 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) (a) 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) To (b) Capacity remaining after the extent practicable, contracted path usages from load points not affected by the allocation of Capacity Shortfall under subsectionsub-section (for example, load points east of the event causing the Capacity Shortfall), a) will not be reduced by the Capacity Shortfall and allocated to access holders should continue to be able to use contracted path usages originating from unaffected load points. (iii) at ARTC’s discretion taking. In exercising its discretion ARTC will, to must take into account ARTC’sits contractual obligations under the extent practicable, reduce the number of path usages for each affected load point (for example, a load point west of the event causing the access agreements and any impact on thebut may allocate Capacity Shortfall where the Access Holder has Capacity Entitlements remaining in that month) other than on an equitable basis if it is consistent with the objective that each affected load point will at the end of ensuring efficient utilisation of the Month have borne an equitable pro-rata share of Network during the Capacity Shortfalland Coal Chain Capacity. Shortfall and after considering any recommendations provided by the HVCCC under clause 6.1(a)(ii). (b) ARTC will promptly inform the HVCCC of the result of the allocation of Capacity under clause 6.3(a6.2(a).