Early in 2012, the AER received a number of inquiries in relation to its interpretation of clause 7.7(a) of the Electricity Rules, which prescribes the categories of persons entitled to access certain data. The inquiries relate to:
• allegations that a market participant has provided an unauthorised third party access to confidential data held in AEMO’s Market Settlement and Transfer Solution (MSATS) database; and
• whether Victorian distribution network service providers (DNSPs) are able to provide end users with direct access to certain data from smart meters.
The AER is concerned that a number of market participants, in particular certain retailers and DNSPs, are or may be at risk of engaging in conduct in breach of the Electricity Rules. However, the AER also recognises that recent market developments in this area aren’t necessarily reflected in the Electricity Rules.
To this end, the AER has published a compliance bulletin which proposes that the AER not take enforcement action in relation to potential breaches in these areas for a period of 18 months to allow sufficient time for industry and policy makers (recognising the recent policy developments in this area) to clarify the requirements of the Electricity Rules and other energy legislation, or alternatively, for market participants to change their practices.
The bulletin is effective from 29 June 2012 to 31 December 2013. Even though the AER does not intend to take action during this period, it will closely monitor industry behaviour, and may use its discretion to take any enforcement action it considers appropriate at any time. In particular, it will consider taking action prior to 31 December 2013 if there are other aggravating factors associated with the disclosure of confidential information, such as a significant market impact or breach of privacy.