Common use of Functions of the Performance Assurance Committee Clause in Contracts

Functions of the Performance Assurance Committee. 16.4.1 The functions of the Performance Assurance Committee ("PAC Functions") are: (a) to establish, maintain and publish a document ("Performance Assurance Framework Document") in accordance with paragraph 16.7; (b) to investigate whether or not a Performance Assurance Party is acting in a manner which facilitates the achievement of the Performance Assurance Objective; (c) to monitor the performance of a Performance Assurance Party in facilitating the achievement of the Performance Assurance Objective; (d) to determine whether or not the acts or omissions of a Performance Assurance Party are having a material impact, whether positively or negatively, on the achievement of the Performance Assurance Objective; (e) in respect of Performance Assurance Techniques; (i) to administer the application and administration of the Performance Assurance Techniques regime; (ii) to determine which Performance Assurance Techniques should be applied (and from when and for how long they should be applied) in relation to a Performance Assurance Party where the Performance Assurance Committee has determined the Performance Assurance Party is conducting its business in a manner which negatively impacts on the achievement of the Performance Assurance Objective; (iii) to determine when further escalated Performance Assurance Techniques should be applied in relation to a Performance Assurance Party; (iv) to determine when a Performance Assurance Technique should cease to apply to a Performance Assurance Party; and (v) to assess the effectiveness of the Performance Assurance Techniques in improving a Performance Assurance Party’s performance in respect of facilitating the achievement of the Performance Assurance Objective; (f) to determine the scope and content of the services required from PAFA and to approve the terms on which the CDSP proposes for the PAFA Contract; (g) to prepare and publish the Performance Assurance Reports Register; (h) to determine the form of (and revise from time to time) the statements and undertaking referred to in paragraph 16.6.7; (i) to undertake such other activities as are specified in the Performance Assurance Framework Document; and (j) to undertake the Annual PAF Review and publish the Annual PAF Report and Delivery Plan. 16.4.2 Each year the Performance Assurance Committee shall conduct a review ("Annual PAF Review") of the operation of, and the effectiveness of, the Performance Assurance Framework for the purposes of reporting on: (a) the activities of the Performance Assurance Committee and the performance of the Performance Assurance Committee's responsibilities; (b) the activities of the Performance Assurance Framework Administrator and the performance of the Performance Assurance Framework Administrator's responsibilities; (c) the achievement of the Performance Assurance Objective; (d) the implementation and effectiveness of the procedures and processes provided for in the Performance Assurance Framework Document including in relation to Performance Assurance Techniques; (e) the operation of the provisions of this paragraph 16; and (f) any proposed modifications to the Performance Assurance Framework, and the Performance Assurance Committee shall consult with Parties when undertaking the Annual PAF Review. 16.4.3 The Performance Assurance Committee shall undertake and complete the Annual PAF Review in July and August each year and shall prepare and publish its findings and proposals in relation to the Gas Year commencing on the following 1 October ("Annual PAF Report and Delivery Plan") by no later than the preceding 31 August. 16.4.4 The Performance Assurance Committee may (at any time and on such terms as the Performance Assurance Committee may determine) delegate all or any part of the PAC Functions (except for those under paragraph 16.4.1.(e)(ii), (iii) and (iv), (f) and (h)) to the PAFA. 16.4.5 The Performance Assurance Committee shall not be entitled to recover any cost or expense incurred by the Performance Assurance Committee in connection with this paragraph 16 from any Party.