Notice of our intention to vary exemption conditions
The AER has reviewed its approach to regulating businesses selling energy through Solar Power Purchase Agreements (SPPA), including the conditions attached to exemptions of these types of energy sellers. The AER has decided to attach a new condition to these exemptions to ensure that SPPA providers only sell electricity through SPPAs. An SPPA business that has been granted a retail exemption that wishes to expand its energy sales activities will need to apply for either a retailer authorisation or another exemption, as appropriate.
Specifically, exemptions granted SPPA providers will be conditional upon the exempt seller:
- refraining from registering in the wholesale market for the purposes of purchasing energy, and
- not being the financially responsible market participant 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.
Invitation for submissions
We are now seeking submissions from interested stakeholders on the variation of Solar Wholesaler's exemption by Friday 15 August 2014.
Submissions should be emailed “Attention: Jacqui Thorpe, Acting General Manager, Retail Markets Branch” at AERInquiry
aer [dot] gov [dot] au (AERInquiry[at]aer[dot]gov[dot]au) with the following title in the email: Solar Wholesalers - variation of individual exemption.
Alternatively, written submissions can also be sent to:
Ms Jacqui Thorpe
Acting General Manager—Retail Markets
Australian Energy Regulator
GPO Box 520
Melbourne VIC 3001
We will take into account submissions in deciding whether or not to vary Solar Wholesaler's exemption.
The AER prefers that all submissions be sent in an electronic format in Microsoft Word or other text readable document form and publicly available, to facilitate an informed, transparent and robust consultation process.
Accordingly, submissions will be treated as public documents and posted on the AER's website, unless prior arrangements are made with the AER to treat the submission, or portions of it, as confidential. Those wishing to submit confidential information are requested to:
- clearly identify the information that is the subject of the confidentiality claim; and
- provide a non-confidential version