Electricity Supply Industry (Pricing and Related Matters) Regulations 2023
8Price-regulated retail services price determinations
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8 Price-regulated retail services price determinations
(1) After completing the final report in relation to a pricing investigation for the purposes of regulation 5 , the Regulator is to make a determination under section 40AA(1) of the Act (a price-regulated retail service price determination) in relation to the regulated offer retailer to which the investigation relates.
(2) A price-regulated retail service price determination may be expressed in one or more of the following terms or manners:
(a) maximum prices or the maximum rate of increase or the minimum rate of decrease in maximum prices;
(b) average prices or average rates of increase or decrease in average prices;
(c) pricing policies or principles;
(d) by reference to a general price index, the cost of production, revenue, a rate of return on assets or any other factor;
(e) by reference to quantity, location or period of provision of the services to small customers under standard retail contracts;
(f) by reference to a maximum revenue;
(g) any other terms that the Regulator considers appropriate.
(3) A price-regulated retail service price determination is to specify the date on which the determination takes effect and the date on which the determination expires.
(4) A date specified in a price-regulated retail service price determination as the date on which the determination is to take effect may not be a date that occurs before the determination is made.
(5) A price-regulated retail service price determination –
(a) is to allow for an adjustment to the prices that may be charged by, and to the price control mechanisms imposed on, a regulated offer retailer under the determination as a result of a tax event or a material change in circumstances in relation to the provision to small customers of services under standard retail contracts; and
(b) is to specify –