Notice of exemption condition variation
In July 2014 the AER reviewed its approach to regulating businesses selling energy through Solar Power Purchase Agreements (SPPAs), including the conditions attached to exemptions of these types of energy sellers. The AER decided to attach a new condition to these exemptions to ensure that SPPA providers only sell electricity through SPPAs.
Specifically, exemptions granted from July 2014 require that exempt sellers:
- refrain from registering in the wholesale market for the purposes of purchasing energy, and
- not be the financially responsible retailer for the premises (rather, this must be an authorised retailer).
The AER may amend the conditions of any exemptions that it has approved. Under the National Energy Retail Rules (Retail Rules) changing a condition is taken to be changing the exemption itself and is subject to the retail consultation process specified in the Retail Rules. The AER therefore sought public submissions on the proposed addition of this condition to Kudos Energy's existing exemption. Consultation closed on 15 August 2014. No submissions were received.
On 14 January 2015, the AER varied Kudos Energy's individual exemption to include this new condition.