20BCompliance with energy savings obligations—tier 2

20B Compliance with energy savings obligations—tier 2 retailer contribution for shortfall (1) This section applies if a tier 2 NERL retailer’s retailer energy savings result is a notional shortfall. (2) The administrator’s notice under section 20A (7) must give the retailer the following information: (a) the notional shortfall; (b) the maximum percentage of the retailer’s retailer energy savings result that the retailer may carry forward to the next compliance period being the following:

Section 20B (c) the amount of energy savings contribution the retailer told the administrator would be paid to meet the retailer’s energy savings obligation; (d) the amount of energy savings contribution that the retailer must pay to— (i) have no shortfall; or (ii) if the notional shortfall exceeds the amount that the retailer may carry forward to the next compliance period—carry forward the maximum shortfall that may be carried forward (the minimum payment); (e) if the retailer does not pay the energy savings contribution—the shortfall penalty payable by the retailer. (3) Not later than 10 working days after receiving a notice under section 20A (7), the NERL retailer must give the administrator (a) the percentage of the retailer’s retailer energy savings result that the retailer elects to carry forward to the next compliance period; and (b) the amount of energy savings contribution that the retailer will pay; and (c) acknowledgment that a shortfall penalty is payable for any shortfall not paid for by the energy savings contribution.

Section 20C page 20 Energy Efficiency (Cost of Living) Improvement Act 2012 (4) Not later than 10 working days after receiving a notice mentioned in subsection (3), the administrator must give the NERL retailer written notice of— (a) the amount of the retailer’s retailer energy savings result to be carried forward to the next compliance period; and (b) the amount of the energy savings contribution payment; and (c) the method of payment; and (d) the period, of at least 28 days, within which the payment must be made; and Note A payment invoice issued to a tier 2 retailer for an energy savings contribution may form part of the written notice. (e) the shortfall penalty payable by the retailer if the retailer does not pay the energy savings contribution.