123RoLR criteria

123 RoLR criteria

123 RoLR criteria

(1) The RoLR criteria in relation to a retailer are as follows—

(a) the organisational and technical capacity criterion—the extent to which the retailer has the necessary organisational and technical capacity to meet the obligations of a RoLR, either by—

(i) having adequate systems in place for that purpose; or

(ii) being able to implement adequate systems in a timely manner for that purpose;

(b) the financial resources criterion—the extent to which the retailer has adequate resources or access to adequate resources so that it will have the financial viability and financial capacity to meet the obligations of a RoLR;

Note—

One matter to take into consideration under this criteria may be whether a retailer has hedging contracts adequate for it to be a RoLR.

(c) the suitability criterion—whether the retailer is a suitable person to be a RoLR, taking into consideration—

(i) the number of customers the retailer has; and

(ii) the class or classes of customers the retailer has; and

(iii) the area or areas that the retailer currently serves; and

(iv) in the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has—

(A) gas available to it by means of a distribution pipeline; and

(B) capacity available to it on that distribution pipeline and any relevant transmission pipeline,

sufficient for it to be a RoLR;

(d) any other relevant matters specified in the energy laws;

(e) any other matters the AER considers relevant in the circumstances.

(2) In this section, transmission pipeline and distribution pipeline have the same meanings as they have in the NGL.