21Compliance with priority household obligations—retailer

21 Compliance with priority household obligations—retailer priority household result (1) The administrator must determine the result (a retailer priority household result) of a tier 1 NERL retailer’s compliance with the retailer’s priority household obligation, expressed as a number of megawatt hours of energy. (2) A retailer priority household result for a tier 1 NERL retailer must be worked out as follows: (PHO + CFS) - (A + S) undertaken in priority households or acquired in relation to priority households in the compliance period. PHO means the retailer’s priority household obligation. (3) The administrator may exclude from the calculation of a retailer priority household result the energy savings factor for an eligible activity reported by the retailer under section 19 if the administrator is not satisfied that the activity complies with a relevant approved code of practice. (4) If the administrator excludes data from a calculation under subsection (3), the administrator may substitute data that the administrator believes on reasonable grounds is correct.

Section 21 page 22 Energy Efficiency (Cost of Living) Improvement Act 2012 (5) A retailer priority household result is— (a) if the result is a positive number—a shortfall; and (6) The administrator must give a tier 1 NERL retailer written notice of the retailer’s retailer priority household result. (7) If the tier 1 NERL retailer has a surplus, the notice must show the surplus to be carried forward to the next compliance period. (8) If the tier 1 NERL retailer has a shortfall, the notice must give the retailer the following information: (a) the shortfall; (b) the maximum percentage of the retailer’s retailer priority household result that the retailer may carry forward to the next compliance period being the following: (9) Not later than 10 working days after receiving a notice mentioned in subsection (8), the tier 1 NERL retailer must give the administrator written notice of the percentage of the retailer’s retailer priority household result that the retailer elects to carry forward to the next

Section 21A (10) Not later than 10 working days after receiving a notice mentioned in subsection (9), the administrator must give the tier 1 NERL retailer (a) the amount of the retailer’s retailer priority household result to be carried forward to the next compliance period; and (b) the shortfall penalty payable by the retailer.