Part 2Administration

Part 2—Administration 12—Functions and powers of Commission (1) Pursuant to section 6A of the Act, the Commission has (in addition to the Commission's functions and powers under the Act and the Essential Services Commission Act 2002) the following functions and powers: (a) if a sale/lease agreement (within the meaning of the Electricity Corporations (Restructuring and Disposal) Act 1999) contemplates that the Commission will determine certain matters—to determine those matters in accordance with the terms of the agreement; (b) functions and powers conferred on the Jurisdictional Regulator under the National Electricity Rules to the extent that those functions and powers are not authorised by the State, pursuant to the National Electricity Rules, to be exclusively performed or exercised by some other body or bodies; (c) on or before 31 August in each year, to submit to the Minister and publish on its website a report prepared for the purposes of monitoring prices for the sale of electricity available to a small customer under the National Energy Retail Law (South Australia) during the immediately preceding financial year containing the information required by the Minister under subregulation (2). (2) The Minister may require the following information for the year to which the report relates to be included in a report prepared under subregulation (1)(c): (a) comparisons of standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (b) estimates relating to the annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under each standard retail contract of NERL retailers generally available to classes of small customers in South Australia; (c) details relating to the difference in annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under market offer prices of NERL retailers generally available to classes of small customers in South Australia compared to the cost to that customer under standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (d) such other information as the Minister requires in writing to be included. (3) The Minister may require the information referred to in subregulation (2) to be presented in such manner and form as the Minister considers appropriate, including in the form of variations or trends over time. market offer prices, standard retail contract and standing offer prices have the same respective meanings as in the National Energy Retail Law. 13—Functions of Technical Regulator—major interruptions to electricity supply (1) Pursuant to section 8(ca) of the Act, the Technical Regulator must, in relation to major interruptions to the electricity supply in the State, after taking into account the operation of subregulation (2), comply with the requirements set out in subregulation (3). (2) The Technical Regulator will determine whether to act under this regulation after taking into account the significance of the interruption and, for that purpose, the Technical Regulator should have regard to— (a) the actual or likely duration of any interruption; and (b) the number of customers affected, or likely to be affected, by any interruption; and (c) such other factors as the Technical Regulator determines to be relevant. (3) The Technical Regulator must, in acting under this regulation in relation to the monitoring and investigation of major interruptions to the electricity supply in the State, advise the Minister in respect of— (a) the causes or likely causes of such interruptions; (b) the nature and extent of such interruptions; (c) the actual and likely effects and duration of such interruptions; (d) the steps taken by regulated entities and others to manage such interruptions and to restore and maintain electricity supply; (e) the adequacy, appropriateness and timeliness of those steps; (f) the action that should be taken by regulated entities and others to minimise the likelihood of such interruptions in the future; (g) any other matter relating to such interruptions that the Technical Regulator considers appropriate. 13A—Functions of Technical Regulator—technical and safety standards relating to switching (1) For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions and powers under the Act) the function of making technical and safety standards relating to switching in connection with the safe operation of a transmission or distribution network, including in relation to electricity infrastructure or an electrical installation connected to, or used in connection with, a transmission or distribution network (the switching manual). (2) In addition, the switching manual may provide for any other matter relating to switching that the Technical Regulator considers appropriate. (3) The Technical Regulator may vary or revoke the switching manual. (4) A relevant entity must, in accordance with the switching manual— (a) provide such information and assistance as is required by the Technical Regulator for the purposes of preparing and maintaining the switching manual; and (b) prepare and maintain a manual (an internal switching manual) which— (i) specifies the technical requirements of the relevant entity in relation to switching; and (ii) is consistent with the switching manual; and (iii) addresses all matters set out in the switching manual relevant to the operations of the relevant entity; and (c) ensure that any person with whom the relevant entity enters into— (i) a connection agreement relating to network services provided by the relevant entity; or (ii) an agreement to perform work to which the switching manual relates for the relevant entity, is required under the agreement to comply with the relevant entity's internal switching manual. (5) The Technical Regulator may, before making, varying or revoking the switching manual, consult with such representative bodies and participants in the electricity supply industry as the Technical Regulator considers appropriate. (6) The Technical Regulator must— (a) give notice of the making, variation or revocation of the switching manual to each electricity entity to which the switching manual applies; and (b) ensure that a copy of the switching manual (as in force from time to time) is published on a website determined by the Technical Regulator. (7) The switching manual, or a variation or revocation of the switching manual, takes effect from a date fixed by the Technical Regulator and the Technical Regulator must— (a) give notice of the date fixed to each electricity entity given notice of the making, variation or revocation under subregulation (6)(a); and (b) publish notice of the date fixed on a website determined by the Technical Regulator. (8) The switching manual published by the Technical Regulator may— (a) be of general or limited application; and (b) provide that a matter or thing in respect of which the switching manual applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and (c) provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and (d) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the switching manual as in force from time to time or as in force at a specified time. (9) If a code, standard or other document is applied, adopted or incorporated in the switching manual— (a) a copy of the code, standard or other document must be published on a website determined by the Technical Regulator; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document. (10) The Commission— (a) is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and (b) is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence). (11) In this regulation— internal switching manual—an internal switching manual is a manual prepared by an electricity entity under subregulation (4)(b); relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence; relevant licence means any of the following licences under the Act: (a) a licence authorising the generation of electricity; (b) a licence authorising the operation of a transmission or distribution network; (c) a licence authorising system control over a power system; switching manual—the switching manual is the manual prepared by the Technical Regulator under subregulation (1). 13B—Functions of Technical Regulator—planning and forecasting (1) For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions under the Act) the following functions: (a) undertaking planning and forecasting activities to assess the least cost pathway for the development of the South Australian power system; (b) providing a report to the Minister on the least cost pathway for the development of the South Australian power system— (i) at the frequency directed by the Minister under subregulation (2)(a); or (ii) if no direction under subregulation (2)(a) is in effect—at least twice in each year; (c) advising the Minister (on the Technical Regulator's own initiative or at the request of the Minister) on the development of the South Australian power system. (2) The Minister may, in relation to the performance of the Technical Regulator's reporting function under subregulation (1)(b), by written notice, direct the Technical Regulator about— (a) how frequently the Technical Regulator must provide a report to the Minister; and (b) any objectives, principles, standards or targets which the Technical Regulator must take into account when preparing a report; and (c) the period into the future that the Technical Regulator must consider in a report; and (d) any constraints which the Technical Regulator must consider when preparing a report. (3) In addition, the Technical Regulator must, on an annual basis, prepare and publish on a website maintained by the Technical Regulator a report on the least cost pathway for the development of the South Australian power system. (4) The Minister may, by written notice, specify— (a) the manner and form in which a report under subregulation (3) is to be prepared; and (b) information which must be included in a report under subregulation (3); and (c) the period within which a report under subregulation (3) is to be prepared and published. 14—Function associated with use of emergency powers (1) A responsible officer is to fulfil obligations under a protocol agreed by the jurisdictions participating in the National Electricity Market (ie the market regulated by the National Electricity Law) relating to the use of emergency powers that may affect the operation of that market. (2) Without limiting subregulation (1), a responsible officer may assume operational responsibility for managing power system emergencies under any relevant plan established or adopted by AEMO. the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act; responsible officer means an officer within the Department nominated by the Minister to be a responsible officer for the purposes of this regulation.