Part 9ARegulation of NERL retailers

Part 9A—Regulation of NERL retailers 44A—NERL retailers to comply with code provisions and other requirements For the purposes of section 63AB(1) of the Act, a NERL retailer must comply with— (a) a code made by the Commission under the Essential Services Commission Act 2002 relating to electricity metering; and (b) if the scheme under Part 4 of these regulations applies to the retailer, a code made by the Commission under the Essential Services Commission Act 2002 relating to energy productivity; and (c) the technical and safety requirements or standards prescribed under Parts 10, 11 and 12 of these regulations; and (d) clause 8.2 (as amended from time to time) of the electricity pricing order under section 35B of the Act. Regulation 22 provides for the application of a scheme relating to energy efficiency to NERL retailers. 44B—Inset networks (1) For the purposes of section 63AB(1)(c) of the Act, an exempt seller within the meaning of the National Energy Retail Law (South Australia) may only carry on operations as an inset network operator or inset network retailer if the exempt seller ensures that an inset customer has an effective right of access to a NERL retailer of the customer's choice. (2) For the purposes of this regulation, an inset customer has an effective right of access to a NERL retailer of the customer's choice only if the customer may— (a) have access to and use the inset network for the purpose of consuming electricity purchased by the customer from a NERL retailer of the customer's choice; and (b) install, maintain and use meters and other equipment necessary for that purpose, without any charge being payable by the customer (other than to the NERL retailer) or by the NERL retailer. inset customer, inset network, inset network operator and inset network retailer have the same respective meanings as in regulation 15. 44C—Sale of electricity to small customers—early termination fees prohibited (1) For the purposes of section 63AB(1)(e) of the Act, a NERL retailer must not offer a market retail contract to small customers if a term or condition of the contract provides for the payment of a fee or charge (however described) for early termination of the contract. (2) Nothing in subregulation (1) prevents a NERL retailer from offering to small customers a fixed term contract that provides for the payment of— (a) a fee or charge for early termination of a fixed benefit period under the contract by the small customer (whether or not the contract is terminated at the same time); or (b) a fee or charge for early termination of the contract if the fee or charge only involves the NERL retailer recovering its reasonable costs for the installation or provision of designated equipment to the small customer (and accounts for, in the event of early termination of the contract, any payments towards those costs made by the small customer before the termination). (3) However, subregulation (2) only applies if— (a) the NERL retailer provides information to the small customer before the small customer enters into the contract that clearly specifies— (i) the nature and amount of the relevant fee or charge referred to in that subregulation; and (ii) the consequences of early termination of the contract by the small customer; and (b) a fee or charge for early termination provided for under that subregulation complies with the relevant requirements applying under the National Energy Retail Rules. designated equipment means a meter or other equipment related to the provision of electricity at the premises of the small customer that is fixed to the premises and intended to remain at those premises (whether or not any contract relating to the provision of electricity at the premises is terminated early); Examples— (a) a solar photovoltaic system; (b) a battery storage system. fixed benefit period means a period of a fixed term contract during which pricing is fixed; fixed term contract means a market retail contract for a fixed term. (5) Unless the contrary intention appears, terms used in this regulation and in the National Energy Retail Law or the National Energy Retail Rules have the same respective meaning in this regulation as they have in the National Energy Retail Law or National Energy Retail Rules. 44D—Participation in ombudsman scheme For the purposes of section 63AC(1) of the Act, the prescribed level is 750 MW.h. 44E—Annual administration fee (1) For the purposes of section 63AE(2) of the Act, the annual administration fee is to be calculated in accordance with the following formula: