Identification of Shortfall in existing Capacity. (a) If, at any time during a Month, ARTC identifies that there is likely to be a shortfall in 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, and the shortfall arises other than as a result of planned maintenance provided for in clause 3.2, (“Capacity Shortfall”) then ARTC will:
(i) as soon as reasonably practicable, inform each access holder (if affected), Terminal Operators and the HVCCC of the expected duration of the Capacity Shortfall but to avoid doubt, ARTC’s representation of the expected duration of the shortfall is not binding on ARTC; and
(ii) subject to meeting its obligations under clause 6.2 and clause 6.3, consult with the HVCCC in accordance with the principles set out in Schedule F of the Access Undertaking with the objective of coordinating its response to the Capacity Shortfall with the Terminal Operators and above rail operators.
(b) For the purposes of this clause 6, the Capacity entitlement held by an access holder will be considered an unconditional Capacity entitlement if all conditions precedent to the conferral of that Capacity entitlement on the access holder under the terms of the relevant access agreement, including the completion of designated projects, have been satisfied, or waived by ARTC.
