On 22 September 2021, the AER instituted proceedings in the Federal Court alleging that Hornsdale Power Reserve Pty Ltd (Hornsdale Power Reserve) breached the National Electricity Rules.
The AER alleges that Hornsdale Power Reserve was not capable of providing contingency frequency control ancillary services in accordance with:
- its market ancillary service offers;
- dispatch instructions it received from AEMO; and
- the technical characteristics of its ancillary service generating units and ancillary service loads.
The AER is seeking declarations, pecuniary penalties and costs.