National Energy Retail Law (Local Provisions) Regulations 2013 (SA)

South Australia National Energy Retail Law (Local Provisions) Regulations 2013 under the National Energy Retail Law (South Australia) Act 2011

Contents 1 Short title 3 Interpretation 4 Application of law—electricity (section 16(b) of Act) 5 Consumption thresholds (section 17 of Act) 5A Natural gas equivalent 6 Local area retailers 6A Tariff structures 7 Minimum standards of service for customers—written and telephone enquiries 8 Extreme weather events 9 Re‑energisation after de‑energisation for non‑payment 10 Immunity in relation to failure to supply electricity (section 25(2)(a) of Act) 11 Use of prepayment meter systems 12 Price comparator 13 Gas RoLR procedures 14 Variation of National Energy Retail Rules 15 Variation of National Gas Rules (transitional arrangements) 16 Standing offers (transitional arrangements) Legislative history

1—Short title These regulations may be cited as the National Energy Retail Law (Local Provisions) Regulations 2013. 3—Interpretation In these regulations— the Act means the National Energy Retail Law (South Australia) Act 2011; Hydrogen Park South Australia project or HyP SA project means the hydrogen production and blending project delivered by Australian Gas Networks Limited (ACN 078 551 685) located at Tonsley Innovation District, Adelaide, South Australia. 4—Application of law—electricity (section 16(b) of Act) For the purposes of paragraph (b) of section 16 of the Act, the National Energy Retail Law (South Australia) will not apply in relation to the area of the State constituted by the township of Cockburn. 5—Consumption thresholds (section 17 of Act) (1) Pursuant to section 17(1)(a) of the Act, this regulation determines the upper consumption threshold for determining whether business customers are small or large customers in relation to the consumption of electricity. (2) The upper consumption threshold for electricity is 160 MWh per annum. 5A—Natural gas equivalent Pursuant to section 2A(1)(a) of the National Energy Retail Law (South Australia), covered gas produced and supplied by the HyP SA project through a distribution pipeline (within the meaning of the NGL) is prescribed as a natural gas equivalent for use in this jurisdiction. 6—Local area retailers (1) Pursuant to section 11 of the National Energy Retail Law (South Australia), the following retailers are nominated as local area retailers for this jurisdiction for the purposes of that Law: (a) in relation to the provision of electricity—AGL South Australia Pty Limited (ACN 091 105 092); (b) in relation to the provision of natural gas and natural gas equivalents—Origin Energy Retail Ltd (ACN 078 868 425). (2) A retailer nominated under subregulation (1)— (a) will be the local area retailer for all small customers within the whole of the geographical area of this jurisdiction (subject to the operation of regulation 4); and (b) will be responsible for both existing and new connections (in the manner and to the extent contemplated by section 22 of the National Energy Retail Law (South Australia)). 6A—Tariff structures (1) Section 22(1a) of the National Energy Retail Law (South Australia) applies in relation to South Australia. (2) The following tariff structures are prescribed for the purposes of section 22(1a)(c) of the National Energy Retail Law (South Australia): (a) in the case of a residential customer— (i) the time of use tariff structure applying under the residential time of use tariff published by SA Power Networks; and (ii) the demand tariff structure applying under the residential prosumer tariff published by SA Power Networks; (b) in the case of a business customer who consumes energy at business premises below the upper consumption threshold— (i) the small business time of use tariff structure published by SA Power Networks; and (ii) the small business time of use with demand tariff structure published by SA Power Networks; (c) in the case of an eligible retailer—a tariff structure determined by the retailer. (3) A retailer's standing offer need only include 1 of the tariff structures prescribed by subregulation (2)(a) and 1 of the tariff structures prescribed by subregulation (2)(b), as determined by the retailer. (4) In this regulation— eligible retailer means a retailer that the Minister is satisfied— (a) has a generally available market offer that provides efficient signals to customers about when to use energy; and (b) is using its best endeavours to market that generally available market offer to customers. 7—Minimum standards of service for customers—written and telephone enquiries (1) Pursuant to section 23 of the Act, this regulation imposes minimum standards of service for small customers in relation to written and telephone enquiries. (2) A retailer must— (a) use the retailer's best endeavours to achieve any service standard referred to below during each financial year, as assessed at 30 June; and (b) keep sufficient records to monitor and report on the retailer's performance levels and provide any information referred to below. (3) The applicable service standard under this regulation for written enquiries is as follows: