167RoLR cost recovery scheme distributor payment determination

167 RoLR cost recovery scheme distributor payment determination

167 RoLR cost recovery scheme distributor payment determination

(1) The AER must, as part of its determination with respect to a RoLR cost recovery scheme under this Division and after consultation with the distributor or distributors concerned, make a determination (a RoLR cost recovery scheme distributor payment determination) that one or more distributors are to make payments to satisfy the full costs determined to be recoverable under the scheme.

(2) A RoLR cost recovery scheme distributor payment determination is taken to be both a regulatory change event and a positive change event for the purposes of the NER.

(3) Distributors are required to make payments to a RoLR in accordance with their liability under a RoLR cost recovery scheme distributor payment determination.

(4) The distribution determination or applicable access arrangement (as the case may be) of each distributor who is to make payments under a RoLR cost recovery scheme distributor payment determination is taken to be amended so that any payments the distributor so makes are taken to be—

(a) in the case of electricity—positive pass through amounts approved under the NER; or

(b) in the case of gas—approved cost pass throughs allowing variation of the distributor’s reference tariffs.

(5) Notwithstanding any other provision of this Division, if a designated RoLR (other than a default RoLR) agrees with the AER that it will seek to recover no costs or only a particular figure or percentage of its costs, the designated RoLR may not afterwards seek to recover any more than as agreed.

Note—

See also section 133(2).

(6) Section 23(5) does not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme.

s 167: Am 2025 No 61, sec 11.