On 8 November 2016, the Australian Energy Regulator (AER) accepted an application from Ultium Energy Pty Ltd for an electricity retailer authorisation under the National Energy Retail Law (Retail Law).
The AER considered Ultium's application and decided, on 24 January 2017, to refuse the application in accordance with section 92(1) of the Retail Law.
In arriving at this decision, the AER has given consideration to the requirements of the Retail Law and the AER Retailer Authorisation Guideline (Guideline) and the information provided in the application, the submissions received and the supplementary information provided by Ultium.
While the AER had regard to the submissions with respect to their relevance to the entry criteria, they did not determine the final decision of the AER to refuse Ultium's application.
The AER decided that Ultium did not satisfy the entry criteria for a retailer authorisation in that it:
- did not provide all the information required by the Guideline
- partially satisfied the organisational and technical capacity criterion
- did not satisfy the financial and suitability criteria