Exemptions relating to the sale or supply of energy to small customers have conditions relating to dispute resolution. In March 2018 the AER amended its network and retail guidelines to include energy ombudsman scheme membership as a core condition. Retail and network exemption holders that sell or supply energy to residential customers in South Australia, the ACT and New South Wales must now join the relevant ombudsman scheme. Retail and network exemption holders that sell or supply energy to residential customers in Queensland will be required to join the relevant ombudsman scheme when permitted to do so in the future. The AER intends to extend this condition to all existing relevant individual exemptions that were approved before March 2018.
Specifically, exemptions granted to individual exemption holders who sell electricity to residential customers will now require the seller:
- to be a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it sells energy to exempt customers and
- comply with the requirements of that scheme.
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 Park Avenue at South Bank LBUP 101696 exemption by Friday 13 August 2021.
Submissions should be emailed to Libby Darwin – A/g General Manager, Compliance and Enforcement Branch at AERExemptions
aer [dot] gov [dot] au (subject: Park%20Avenue%20at%20South%20Bank%20LBUP%20101696%C2%A0-%20variation%20of%20individual%20exemption) (AERExemptions[at]aer[dot]gov[dot]au) with the following email subject title: Park Avenue at South Bank LBUP 101696 - variation of individual exemption.
Alternatively, written submissions can also be sent to:
Ms Libby Darwin
A/g General Manager, Compliance and Enforcement Branch
Australian Energy Regulator
GPO Box 520
Melbourne VIC 3001
We will take into account submissions in deciding whether or not to amend the conditions of Park Avenue at South Bank LBUP 101696 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 of the submission.