Ring-fencing Guideline

2.1 Purpose

In our capacity as a DNSP, and in accordance with our obligation under clause 4.3.3(d) of the Guideline, this Information Sharing Protocol (Protocol) has been established to set out how and when we will make ring-fenced information available to eligible legal entities. Terms defined in the Guideline have the same meaning here, and have also been replicated in Section 4 of this Protocol.

2.2 What is ring-fenced information?

‘Ring-fenced information’ is defined under Clause 1.4 of the Guideline which is set out below, and will generally cover information that is:

1. electricity information,
2. acquired or generated by us in connection with the services we provide as a DNSP,
3. not already publicly available, and
4. about electricity networks, electricity customers or electricity services, including information derived by the us from such information.

Ring-fenced information does not include aggregated financial information or performance information that does not relate to an identifiable customer or class of customer.

2.3 When is ring-fenced information required to be shared?

As a DNSP, our primary obligation under the Guideline is to keep ring-fenced information confidential and only use ring-fenced information for the purpose for which it was acquired or Guideline[2] .

The Guideline requires Power and Water to provide access to ring-fenced information that we have acquired or generated in connection with the delivery of our distribution network services:

• that is not already publicly available but has been disclosed to our related electricity service providers (RESP), or
• which has been disclosed to a legal entity (that is not a related electricity service provider) for the purposes of research that is subsequently disclosed to a related electricity service provider.

We are not required to provide ring-fenced information that has been provided to a related electricity service provider in the following circumstances:

• the relevant customer, or prospective customer, to whom the ring-fenced information relates has provided their consent;
• the disclosure is required by law;
• the disclosure is necessary to enable us to provide our distribution network services or other services;
• the information has been requested by or on behalf of a customer, or potential customer, of another legal entity, and the disclosure is necessary to enable the legal entity to provide its transmission services, contestable electricity services or other services to the customer or potential customer;
• the disclosure assists another network service provider to the extent necessary to respond to an event (such as an emergency).

2.4 The Power and Water DNSP Information Register

The DNSP business of Power and Water has established and published an Information Register in accordance with the obligations set out in clause 4.3.4 of the Guideline (Information Register). The Information Register contains details of all valid requests for ring-fenced information made by RESPs and other legal entities who provide contestable electricity services. We will provide access to the relevant ring-fenced information to those legal entities included on the Information Register.

The Information Register records:

• the names of our related electricity service providers that we have shared ring-fenced information with;
• the names of entities that request access to ring-fenced information that we share with our related electricity service providers; and
• the kind of ring-fenced information each entity has requested.

2.5 Inclusion on the Information Register and requesting information

To request access to ring-fenced information, a legal entity must submit a completed Information Register Application Form to PNRegulationGroup.PWC@powerwater.com.au which requests:

• inclusion on the Information Register with respect of all or specific kinds of information, and/or
• information that has been identified on the Information Register.

By submitting the Information Register Application Form to Power and Water, the legal entity (Requesting Entity) agrees that the details of their applications will become publicly available on the Information Register.

2.6 Reviewing the Information Register application request

All requests will be assessed against the requirements for disclosure set out in the Guideline, with consideration being given to whether the information being requested is ring-fenced information, and whether an exception for disclosure applies in accordance with the Guideline (in which case this request process is not needed). For example,

• the consent of the customer, to whom the ring-fenced information relates, and evidence of that consent is provided to Power and Water;
• the disclosure is necessary to enable Power and Water to provide distribution or other services; or
• the disclosure is for third party research purposes.

If no exception applies, and Power and Water has received the necessary information to allow it to complete its assessment, we will then update the Information Register with your request.

We will provide access to ring-fenced information to those legal entities on our Information Register on the following basis in compliance with the Guideline:

• affiliates, and non-affiliated entities that compete or are seeking to compete with our RESPs, who request access to ring-fenced information will be placed on the register (registered parties);
• registered parties must provide us with a description of the kind and purpose of ring-fenced information they would like to receive;
• if the RESP requests (and is provided with) information that matches the kind and purpose of information described by non-affiliated registered parties, that information will be provided to those non-affiliated registered parties on an equal basis;
• if the RESP has paid a fee to receive eligible ring-fenced information (in accordance with rules or procedures), then other registered party will receive a notification that they can receive the same information if the same fee is paid; and
• information will be provided to registered parties on terms and conditions that require them to comply with the obligation to protect the information and to only disclose it to third parties (including affiliates) only on the basis of clause 4.3.1 and 4.3.2 (a)-(d) of the Guideline.

Information disclosure tree

The following decision tree shows how the Guideline treats ring-fenced information, and we will use this tree to determine the circumstances under which information will be made available.

2.7 Information sharing process

In accordance with our obligations under the Guideline, if ring-fenced information becomes available in a category for which a legal entity is registered, we will share it with the entity via email. We will use reasonable endeavors to provide the ring-fenced information to a registered legal entity within 30 business days of when the ring-fenced information has first been relevantly shared or disclosed.

Updating the Information Register with your information request does not automatically grant you an entitlement to any ring-fenced information. Only where Power and Water has provided information of the same kind to a RESP (who is a competitor of you as the Requesting Entity), is Power and Water then under an obligation to provide that information to you upon your inclusion on the Information Register.

In determining whether the Requesting Entity is entitled to the information as a competitor of that RESP, we will consider matters including:

• the nature and location of the party’s current or proposed business activities as required to be set out in the Request Form, and
• whether requested information is of the same kind disclosed to a Related Entity, e.g.  the subject matter of the information; the level of aggregation; and whether the requested information is historical or forecast information.

Within ten business days of receiving a completed Request Form, we will endeavour to advise you;

• of the outcome of our assessment for inclusion on the Information Register, and
• if your request for disclosure is granted, the expected timeframe in which you will received the requested information.

At some point during our assessment, we may require you to sign a confidentiality agreement to ensure that access to, as well as use and disclosure of the information is restricted.

All ring-fenced information is provided to legal entities subject to the following terms and conditions and, by submitting a request to receive, or otherwise obtain access, to any ring-fenced information, and/or receiving, or otherwise, accessing any ring-fenced information, the legal entity will be deemed to have acknowledged, agreed and consented to, each of the following terms:

3.1 Confidentiality

• In this Protocol, Representatives of an entity means the employees, agents, officers, directors, auditors, advisors, consultants and contractors of that entity.
• All ring-fenced information is confidential and only the requesting entity and its Representatives are permitted to access and use the ring-fenced information in accordance with this Protocol.
• We may require the requesting entity to sign a confidentiality agreement to ensure that access to, as well as use and disclosure of the ring-fenced information is restricted, and we are under no obligation to share the information until the executed agreement is returned to us.
• The Requesting Entity and its Representative must:
  1. maintain the confidential nature of the ring-fenced information and only use the ring-fenced information for the purpose for which it was acquired;
  2. not disclose any of the ring-fenced information to any person unless:
     1. the disclosure is required by, or for the purpose of complying with any law; or
     2. subject to us providing our prior written consent, where:
        1. the requesting entity procures
        2. the explicit informed consent of the relevant customer, or prospective customer, to whom the ring-fenced information relates to the disclosure;
        3. the disclosure is necessary for the requesting entity to provide Distribution Services, Transmission Services or Other Services; or
        4. the information has been requested by or on behalf of customer, or potential customer, of another legal entity and the disclosure is necessary to enable the legal entity to provide its Transmission Services, Contestable Electricity Services or Other Services to the customer or potential customer.
  3. establish and maintain effective security measures to safeguard the ring-fenced information from unauthorised access, use, copying or disclosure and use the same degree of care a prudent person would use to protect that person’s ring-fenced information; and
  4. Immediately notify us of any potential, suspected or actual breach of this Protocol.

3.2 Privacy

If the ring-fenced information includes any personal information, as defined under the Privacy Act 1988 (Cth) or the Information Act 2002 (NT) as applicable, the requesting entity must with respect to that personal information:

• comply with the Privacy Act 1988 (Cth), and any other privacy laws by which the Requesting Entity is bound; and
• not disclose that personal information outside of Australia without written consent from us.

3.3 Nature of the information

Affiliated entity means a legal entity:

1. which is a direct or indirect shareholder in Power and Water or otherwise has a direct or indirect legal or equitable interest in Power and Water;
2. in which Power and Water is a direct or indirect shareholder or otherwise has a direct or indirect legal or equitable interest;
3. in which a legal entity referred to in paragraph (a) or (b) is a direct or indirect shareholder or otherwise has a direct or indirect legal or equitable interest in relation to Power and Water.

Requesting Entity means a legal entity who has submitted a completed Information Register Application form

Ring-fenced information means electricity information, acquired and generated by Power and Water in connection with its provision of direct control services, that is not publicly available, and includes electricity information:

1. that Power and Water derives from that information; or
2. provided to Power and Water by or in relation to a customer or prospective customer of direct control services.

Contestable electricity services means:

1. distribution services other than direct control services; and/or
2. services for the supply of electricity that are necessary or incidental to the supply of electricity, other than transmission services and distribution services.

Distribution services means services provided by means of, or in connection with, a distribution system.

Electricity information means information about electricity networks, electricity customers or electricity services, other than:

1. aggregated financial information; or
2. other service performance information;

that does not relate to an identifiable customer or class of customer.

Electricity information means information about electricity networks, electricity customers or electricity services, other than:

1. aggregated financial information; or
2. other service performance information;

that does not relate to an identifiable customer or class of customer.

Law means any law, rule, regulation or other legal obligation (whether statutory or otherwise).

Legal entity means a natural person, a body corporate (including a statutory corporate or public authority), a partnership, or a trustee of a trust, but excludes staff in their capacity as such.

Related electricity service provider, includes:

1. an affiliated entity of Power and Water; and
2. any part of the Power and Water;

that provides contestable electricity services, but excludes a part of an affiliated entity that provides direct control services.

Transmission services means services provided by means of, or in connection with, a transmission system.

This document is the responsibility of Power and Water Corporation.

Phone: 1800 245 092
Email: PNRegulationGroup.PWC@powerwater.com.au

Revision 3 endorsed: 15 December 2021
Power and Water reference: D2021/164779