On 30 June 2023, the Australian Energy Regulator (AER) instituted proceedings in the Federal Court alleging that AGL Macquarie Pty Ltd (AGLM) and AGL Loy Yang Marketing Pty Ltd (AGLL), subsidiaries of AGL Energy Ltd, breached the National Electricity Rules.
AGLM and AGLL have admitted they did not:
- ensure the relevant generating units were at all times able to comply with their frequency control ancillary services (FCAS) offers; and
- comply with dispatch instructions given by AEMO in relation to those FCAS offers.
The AER is seeking pecuniary penalties, declarations and costs.