Emergency Planning Code

March 2003

TABLE OF CONTENTS

1.	PURPOSE OF THIS CODE	1
1.1	Application	1
1.2	Purpose	1
2.	DICTIONARY	1
2.1	Dictionary Attached	1
3.	EFFECT OF CODE	1
3.1	Exercise of Emergency Powers under other Legislation	1
4.	REQUIREMENT TO ADOPT AND MAINTAIN PROCEDURES	1
4.1	Utility to Adopt Procedures	1
4.2	Utility to Maintain Procedures	2
5.	REQUIREMENT TO DEVELOP EMERGENCY PLANS	2
5.1	Preparation of Emergency Plans	2
5.2	Approval of Emergency Plans	2
5.3	Amendments to Emergency Plans	2
5.4	Utility to Make Proposed Amendments	2
5.5	Chief Executive Submission of Emergency Plans	2
6.	CONTENT OF AN EMERGENCY PLAN	3
6.1	Emergency Events	3
6.2	Emergency Plan not to be Inconsistent	3
6.3	Requirement to Ration, Cut-Off or otherwise affect the Provision of a Utility Service	3
6.4	Key Personnel	4
6.5	Notification	4
6.6	Communication Strategy	4
6.7	Effective Emergency Plans	4
7.	CONTACT LIST	4
8.	EMERGENCY EVENT TRAINING	5
9.	DISTRIBUTION, TESTING AND REVISION OF EMERGENCY PLANS	5
10.	EMERGENCY EVENT REPORTING	5
10.1	Notification at Time of Emergency Event	5
10.2	Emergency Event Report to Chief Executive	5
10.3	Content of Emergency Event Report	5
10.4	Emergency Events Reports submitted under the Dam Safety Code	6
10.5	Chief Executive May Give Direction to Utility	6
11.	RECORDS	6
11.1	Each Utility to Keep Records	6
12.	DUTY OFFICERS	6
13.	COMPLIANCE WITH AN EMERGENCY PLAN	6
13.1	Utility to Comply with Emergency Plan	6
14.	CO-OPERATION WITH OTHER UTILITIES	6
14.1	Utilities may make arrangements for cooperation	6
DICTIONARY	7

1.	
1.	PURPOSE OF THIS CODE
1.1	Application
This Code applies to Electricity Distributors and Water Utilities (“Utilities”).
1.2	Purpose
The purpose of this Code is to ensure Utilities have in place appropriate procedures, structures and arrangements for preventing, anticipating and responding to Emergency Events and potential Emergency Events by requiring Utilities to:
(1)	develop and periodically review Emergency Plans;
(2)	report to the Chief Executive on compliance with this Code and with Emergency Plans; and
(3)	develop cooperative arrangements with other Utilities.
2.	DICTIONARY
2.1	Dictionary Attached
The dictionary at the end of this Emergency Planning Code is part of this Code.
3.	EFFECT OF CODE
3.1	Exercise of Emergency Powers under other Legislation
Nothing in this Code affects the exercise of any power, or a Utility’s obligation to comply with any direction or requirements under the Emergency Management Act 1999, the NEMMCO Memorandum of Understanding on the Use of Emergency Powers, and the Utilities Act.
4.	REQUIREMENT TO ADOPT AND MAINTAIN PROCEDURES
4.1	Utility to Adopt Procedures
A Utility must, within 6 months of the grant of its Utility Services Licence, adopt and implement procedures for
(1)	identification of potential Emergency Events,
(2)	prompt detection of Emergency Events; and
(3)	management of Emergency Events, including actions that a Utility will take in response to an Emergency Event to:
(a)	notify Customers, groups of Customers and other members of the public most likely to be affected by the occurrence of an Emergency Event of that Event.  The procedures must require the Utility to inform the affected persons of:
(i)	the actions that the Utility will take to respond to the Event; 
(ii)	information on the estimated duration of the Event; 
(iii)	the nature of any restrictions;
(iv)	procedures for making applications for exemptions from restrictions; and
(v)	any appropriate action or precaution those persons should take in the circumstances.
(b)	minimise the impact, or likely impact, of the Event on persons and property; and
(c)	maintain or resume the provision of the relevant Utility Service.
4.2	Utility to Maintain Procedures
The Utility must keep the procedures up-to-date and audit them annually.
5.	REQUIREMENT TO DEVELOP EMERGENCY PLANS
5.1	Preparation of Emergency Plans
Each Utility must, within 6 months of the grant of its Utility Services Licence, and annually thereafter:
(1)	prepare a draft Emergency Plan; and
(2)	submit the Emergency Plan to the Chief Executive for approval.
5.2	Approval of Emergency Plans
As soon as practicable after the Utility submits the Emergency Plan to the Chief Executive for approval, the Chief Executive must:
(1)	consult with interested parties including, but not limited to, the ACT Emergency Services Bureau; and
(2)	either:
(a)	approve the Emergency Plan; or
(b)	require the Utility to amend the Emergency Plan.
5.3	Amendments to Emergency Plans
The Chief Executive may direct a Utility to amend a proposed Emergency Plan only if, in the Chief Executive’s reasonable opinion, the proposed plan does not adequately address any one or more of the matters referred to in clause 6.1. 
5.4	Utility to Make Proposed Amendments
If the Chief Executive directs a Utility to amend its proposed Emergency Plan under clause 5.3, the Utility must in good faith and within 14 days of receipt of the Chief Executive’s direction prepare and submit a revised plan to the Chief Executive for approval. 
5.5	Chief Executive Submission of Emergency Plans
As soon as practicable after approving an Emergency Plan, the Chief Executive must submit the plan to interested parties including, but not limited to, the ACT Emergency Services Bureau.
6.	CONTENT OF AN EMERGENCY PLAN
6.1	Emergency Events
(1)	In developing an Emergency Plan, Utilities must address the following:
(a)	the various levels of response required according to the seriousness of the Emergency Event and the level of resources and expertise needed to deal with the different levels of emergency;
(b)	the likely or real impact an Emergency Event will have on the community; and
(c)	possible cross-industry issues.
(2)	Accordingly, each Emergency Plan must, at a minimum:
(a)	identify:
(i)	emergency situations:
(ii)	system failure situations; and
(iii)	unusual occurrences (for example, industrial action, malicious damage)
that, if they occurred:
(i)	are likely to threaten or adversely affect the provision of a Utility Service to a substantial number of Customers (ie greater than 10% of Customers) or to more than one localised area; or
(i)	may lead to the declaration of an emergency under the Emergency Management Act; 
(b)	identify the Utility’s procedures referred to in clause 4.1; and
(c)	detail the Utility’s procedures for the Emergency Events identified under subclause 6.1(2)(a).
6.2	Emergency Plan not to be Inconsistent
Emergency Plans must take into account the requirements of, and not be inconsistent with:
(1)	any emergency plans developed under the Emergency Management Act; and
(2)	NEMMCO’s Power System Emergency Management Plan (if applicable).
6.3	Requirement to Ration, Cut-Off or otherwise affect the Provision of a Utility Service
An Emergency Plan must detail the manner in which Utility Services are to be cut-off, rationed or otherwise regulated in response to an Emergency Event.
6.4	Key Personnel
With respect to each action specified under clause 4.1, an Emergency Plan must identify:
(1)	the position of the employee or officer of the Utility responsible for ensuring that the action is undertaken; 
(2)	the position of the key employee or officer responsible for managing and co-ordinating the Utility’s overall response to each Emergency Event; and
(3)	roles and attendance procedures to be employed by employees and officers during an Emergency Event.
6.5	Notification
Ann Emergency Plan must:
(1)	establish guidelines for when the Minister is notified about an Emergency Event or a potential Emergency Event; and
(2)	Identify the Emergency Service Organisations that the Utility is to contact when an Emergency Event occurs and have in place a process for contacting those organisations as necessary.
6.6	Communication Strategy
(1)	An Emergency Plan must develop a communication strategy to respond to Emergency Events.
(2)	The communication strategy must:
(a)	detail the Customers, groups of Customers and other members of the public most likely to be affected by the occurrence of an Emergency Event;
(b)	be consistent with the procedures referred to in subclause 4.1(3); and
(c)	detail a strategy for liaising with the media.
(3)	The Emergency Plan must include provisions requiring the establishment of a 24 hour, 7 day a week, emergency telephone number with operators capable of providing the information referred to in subclause 4.1(3).
6.7	Effective Emergency Plans
Emergency Plans are to be in writing which is simply expressed. 
7.	CONTACT LIST
The Utility must provide a list of the names and contact details for each employee and officer in a position having responsibility under subclause 6.4.  The Utility must: 
(1)	update this list at intervals not exceeding six months; and 
(2)	provide a copy of the list or updated list to the Chief Executive and to each organisation, agency or individual having responsibilities under the plan.
8.	EMERGENCY EVENT TRAINING
A Utility must ensure that its employees and officers understand and have had training on their duties and authorisations during an Emergency Event.
9.	DISTRIBUTION, TESTING AND REVISION OF EMERGENCY PLANS
A Utility must properly disseminate, test and revise its Emergency Plan.  The testing must be conducted at least annually.
10.	EMERGENCY EVENT REPORTING
10.1	Notification at Time of Emergency Event
Utilities must immediately notify the Chief Executive of an Emergency Event. The Chief Executive must be advised of:
(1)	the status of the event;
(2)	the likely impact of the event; 
(3)	steps being taken to address the event.
10.2	Emergency Event Report to Chief Executive
A Utility must send a written Emergency Event Report to the Chief Executive not later than:
(1)	five Business Days after the occurrence of an Emergency Event; and/or
(2)	five Business Days after receiving a request from the Chief Executive.
10.3	Content of Emergency Event Report
An Emergency Event Report must be in the form required from time to time by the Chief Executive and, in the case of an Emergency Event Report submitted under clause 10.2(2), must:
(a)	provide details on the cause of the event;
(b)	provide details on the time and date at which the event took place;
(c)	list the requirements contained in the relevant Emergency Plan;
(d)	detail the Utility’s actions under each of those requirements;
(e)	provide notification details; 
(f)	detail the current status of the event, including the capacity of the Utility to provide Utility Services following the occurrence of the Emergency Event;
(g)	detail maintenance and other remedial actions to be undertaken by the Utility to prevent another such occurrence (if applicable) and to ensure the ongoing capacity of the Utility to deliver the relevant Utility Service; and
(h)	provide any other details requested by the Chief Executive.
10.4	Emergency Events Reports submitted under the Dam Safety Code

An Emergency Event Report prepared and submitted to the Chief Executive under the Dam Safety Code following a dam safety emergency is taken to satisfy the Emergency Event reporting requirements under this Code.
10.5	Chief Executive May Give Direction to Utility
If, on the basis of an Emergency Event Report, the Chief Executive is not satisfied with a Utility’s adherence to its Emergency Plan following an Emergency Event, the Chief Executive may give a direction to the Utility.
11.	RECORDS
11.1	Each Utility to Keep Records
Each Utility must keep, or cause to be kept, comprehensive and accurate records of:
(1)	compliance with the requirements of this Code; and
(2)	any other matters reasonably required by the Chief Executive. 
The records must be made available for inspection as requested by the Chief Executive. 
12.	DUTY OFFICERS
After hours duty officers must be provided with a copy of the Utility’s Emergency Plan and have received sufficient training to become familiar with the contents of the Emergency Plan and the associated procedures.
13.	COMPLIANCE WITH AN EMERGENCY PLAN
13.1	Utility to Comply with Emergency Plan
During an Emergency Event a Utility must comply with its Emergency Plan.
14.	CO-OPERATION WITH OTHER UTILITIES
14.1	Utilities may make arrangements for cooperation

A Utility may make an arrangement with another Utility (including an interstate Utility) to facilitate co-operation in the management of an Emergency Event. Such an arrangement might include, for example, arrangements for sharing resources during an event should its management exceed the Utility’s normal operational capabilities.

DICTIONARY
(1)	 “Act” means the Utilities Act 2000;
(2)	  “Business Day” means a day, other than a Saturday, Sunday or public holiday in the Territory;
(3)	“Chief Executive” has the same meaning and functions as defined under the Act;
(4)	 “Customer” has the same meaning as defined under the Act;
(5)	 "Dam Safety Code" means the Dam Safety Code approved as a technical code by the Minister under Part 5 of the Act;
(6)	“Electricity Distributor” means a Person who holds a Utility Services Licence for the distribution of electricity;
(7)	“ Emergency Event” means an incident that threatens, or affects, the supply of Utility Services to a significant number of Customers and that may lead to the declaration of an emergency under the Emergency Management Act 1999;
(8)	“Emergency Event Report” means a report prepared in accordance with the Emergency Planning Code;
(9)	“Emergency Plan” means a plan required under, and developed in accordance with, the Emergency Planning Code;
(10)	“Emergency Planning Code” means the Emergency Planning Code approved by the Minister as a Technical Code under Part 5 of the Act;
(11)	“Emergency Services Organisations” include, but are not limited to, the ACT Emergency Services Bureau and the ACT Police;
(12)	 “ICRC” means the Independent Competition and Regulatory Commission established under section 5 of the Independent Competition and Regulatory Commission Act 1987 (ACT);
(13)	 “Minister” means the Minister responsible for administering Part 5 of the Act;
(14)	 “NEMMCO” means the National Electricity Market Management Company Limited ACN 072 010 327;
(15)	  “Person” includes a natural person, a firm, an unincorporated association or body corporate;
(16)	 “Technical Code” means a code approved or determined by the Minister under Part 5 of the Act;
(17)	“Territory” means the Australian Capital Territory;
(18)	“Utility” means a Person who holds a Utility Services Licence;
(19)	“Utility Services Licence” means a licence granted to a Utility by ICRC under Part 3 of the Act;
(20)	“Utility Service” has the same meaning as defined under the Act;
(21)	"Water Services" means those services as defined in the Act;
(22)	"Water Utility" is a Utility licensed under the Act, to provide Water Services.