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.