New South Wales Consolidated Regulations

ELECTRICITY SUPPLY (GENERAL) REGULATION 2001

- Made under the Electricity Supply Act 1995
- As at 25 September 2009
- Reg 468 of 2001

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes

   PART 2 - STANDARD RETAIL SUPPLIERS

   5.      Endorsement conditions
   6.      (Repealed)

   PART 3 - CUSTOMERS AND CUSTOMER RIGHTS

           Division 1 - Small retail customers

   7.      Small retail customers
   8.      Changes to customer connection contracts on change to small retail customer
   9.      Initial classification of small retail customers
   10.     Market operations rules
   11.     Notice procedures where small retail customers change supplier or status
   12.     Election to be supplied under standard form customer supply contract
   13.     Information given to persons who elect standard form contracts
   13A.    Licence condition relating to payment plans, disconnection and discontinuance of supply

           Division 2 - Disconnection and discontinuance of supply

   14.     Limitation on right to have premises provided with customer connection services
   15.     Limitation on right to have premises supplied with electricity
   16.     Discontinuance of supply under negotiated customer supply contract

           Division 3 - Customer consultation

   17.     Customer consultative groups
   18.     Limitation on functions of customer consultative groups

           Division 4 - Charges and bills

   19.     Obligations of licence holders
   20.     Obligations where connection services arranged by supplier
   21.     Variation of charges under a standard form customer contract
   22.     Variation of charges under a negotiated customer contract
   23.     Variation may not operate retrospectively
   24.     Contents of bill
   25.     Review of bills and related matters
   26.     Correction where customer undercharged
   27.     Correction where customer overcharged
   28.     Provision of information about bills and related matters
   29.     Billing period for customer supply contracts with small retail customers
   30.     Payment of bills for electricity supply by small retail customers
   31.     Matters related to electricity consumption to be included in bill
   32.     How payments to be applied
   33.     Provision of historical billing information
   34.     Meter testing
   35.     Calculation of charges if increase in rates of charges occurs
   36.     Estimation of electricity supplied
   37.     No access to meter

   PART 4 - CUSTOMER CONTRACTS

           Division 1 - Requirements for customer contracts

   38.     Effect of Part
   39.     Notice of standard form customer contracts and amendments
   40.     Requirements for customer contracts
   41.     Additional matters relating to guaranteed customer service standards
   42.     Information to be provided to small retail customers about contracts
   43.     Availability of contract documents

           Division 2 - Variation of guaranteed customer service standards

   44.     Variation of guaranteed customer service standards
   45.     Notice of request to vary guaranteed customer service standards

           Division 3 - Renewable energy sources-licence condition for suppliers

   45A.    Definitions
   45B.    Licence condition regarding accredited renewable energy sources
   45C.    Ancillary provisions
   45D.    Renewable energy sources accreditation schemes
   45E.    Ancillary provisions relating to renewable energy sources offers and terms
   45F.    Application of percentage

   PART 5 - REVIEW OF DECISIONS

   46.     Decisions for which review may be sought by small retail customer
   47.     Application for review
   48.     Review of decisions by licence holder
   49.     Manner of handling application

   PART 6 - ELECTRICITY INDUSTRY OMBUDSMAN SCHEMES

   50.     Persons who may apply to electricity industry ombudsman
   51.     Additional matters that may be covered by electricity industry ombudsman schemes
   52.     Objectives of electricity industry ombudsman schemes
   53.     Reports by electricity industry ombudsman
   54.     Offences
   55.     Existing approved electricity industry ombudsman schemes

   PART 7 - RETAILERS OF LAST RESORT

           Division 1 - Preliminary

   56.     Definitions

           Division 2 - Endorsements of retailers of last resort

   57.     Conditions of endorsement as retailer of last resort
   58.     Last resort supply arrangements

           Division 3 - Operation of last resort supply

   59.     Commencement of last resort supply arrangements
   60.     Last resort supply notice
   61.     Notice to customers
   62.     Terms and conditions applying to small retail customers
   63.     Terms and conditions applying to non-small retail customers
   64.     Commencement of discontinuance procedures by retailer of last resort
   65.     Market operations rules

   PART 8 - EXEMPTIONS RELATING TO SERVICE PROVIDERS AND SUPPLY ARRANGEMENTS

   66.     Exemptions from sec 13
   67.     Exemptions from sec 16
   68.     Exemptions from sec 179
   69.     Exemptions for Lord Howe Island Board
   70.     Conditions applying to exemptions in relation to residential premises
   71.     Conditions on exemptions for certain residential premises relating to disconnection from distribution system
   72.     Conditions for exemptions relating to new occupants of premises
   73.     Offence

   PART 8A - GREENHOUSE GAS BENCHMARKS

           Division 1 - General

   73A.    Greenhouse gases

           Division 2 - Benchmark participants

   73B.    Electricity generators prescribed as benchmark participants
   73BA.   Circumstances in which person is taken to be a large customer
   73BB.   Elections to become benchmark participants
   73BC.   Elections by large customers
   73BD.   Duration of election to be elective participant
   73BE.   Tribunal may cancel election
   73BEA.  Joint ventures
   73BEB.  Electricity purchases
   73BF.   Payment of greenhouse penalty when election ceases to have effect

           Division 3 - Adjustment of greenhouse penalty

   73C.    CPI adjustment to greenhouse penalty

           Division 4 - Renewable energy certificates

   73D.    Definitions
   73DA.   Circumstances in which renewable energy certificates may be counted towards greenhouse gas benchmark
   73DB.   Limit on number of renewable energy certificates that may be counted

           Division 5 - Assessment of compliance with greenhouse gas benchmarks

   73E.    Assessment of compliance with greenhouse gas benchmarks
   73EA.   Default assessments
   73EB.   Amendment of assessments
   73EC.   Time limits for amended assessments
   73ED.   Amended assessments generally
   73EE.   Notice of assessments

   PART 8B - GREENHOUSE GAS ABATEMENT CERTIFICATE SCHEME

           Division 1 - Definitions

   73F.    Definitions

           Division 2 - Eligibility for accreditation
           Note

   73G.    Electricity generation activities
   73GA.   Carbon sequestration activities
   73GB.   Demand side abatement activities
   73GC.   Large user abatement activities

           Division 3 - Applications for accreditation

   73H.    Application for accreditation
   73HA.   Benefits under other schemes
   73HB.   Grounds for refusal of application for accreditation
   73HC.   Suspension or cancellation of accreditation

           Division 4 - Prescribed conditions of accreditation

   73I.    Conditions of accreditation
   73IA.   Claiming benefits under other schemes
   73IB.   Commonwealth renewable energy scheme
   73IC.   Category A electricity generation activities
   73ID.   Carbon sequestration activity to be maintained
   73IE.   Retail suppliers of elective participants to be notified to Scheme Administrator
   73IF.   Record keeping
   73IG.   Co-operation with audits

           Division 5 - Imposition of conditions by Scheme Administrator

   73J.    Imposition of conditions by Scheme Administrator
   73JA.   Financial assurances

           Division 6 - Creation of abatement certificates

   73K.    Form of abatement certificates
   73KA.   Determination of baseline
   73KB.   Activities that take place before application for accreditation
   73KC.   Registration of creation of certificate
   73KD.   Order requiring surrender of abatement certificates

           Division 7 - Transfer of certificates

   73L.    Entitlement to create transferable abatement certificates
   73LA.   Entitlement to create non-transferable abatement certificates
   73LB.   Registration of transfers of certificates
   73LC.   Register of accredited abatement certificate providers

           Division 8 - Audits of accredited abatement certificate providers

   73M.    Audits
   73MA.   Impersonating approved auditor

           Division 9 - Miscellaneous

   73N.    Reviews

   PART 9 - SOCIAL PROGRAMS FOR ENERGY

   74.     Service providers
   75.     Suppliers
   76.     Re-assessment of costs of compliance with direction
   77.     Costs of proceedings
   78.     Market operations rules

   PART 9A - ENERGY SAVINGS SCHEME

           Division 1 - Interpretation

   78A.    Definitions
   78B.    Direct suppliers of electricity

           Division 2 - CPI adjustment to base penalty rates

   78C.    CPI adjustment to base penalty rates

           Division 3 - Assessment of compliance of scheme participants

   78D.    Self-assessment by scheme participants
   78E.    Default assessments
   78F.    Amendment of assessments
   78G.    Application for amended assessment
   78H.    Changes to liability as result of amended assessment
   78I.    Appeals
   78J.    Notice of assessments
   78K.    Maximum energy savings shortfall that may be carried forward

           Division 4 - Accreditation of certificate providers

   78L.    Eligibility for accreditation
   78M.    Application for accreditation
   78N.    Benefits under other schemes
   78O.    Grounds for refusal of application for accreditation
   78P.    Suspension or cancellation of accreditation
   78Q.    Transfer of accreditation

           Division 5 - Prescribed conditions of accreditation

   78R.    Conditions of accreditation
   78S.    Claiming benefits under other schemes
   78T.    Record keeping
   78U.    Co-operation with audits

           Division 6 - Imposition of conditions by Scheme Administrator

   78V.    Imposition of conditions by Scheme Administrator
   78W.    Financial assurances
   78X.    Application for variation or revocation of conditions of accreditation

           Division 7 - Energy savings certificates

   78Y.    Registration of creation of certificates
   78Z.    Form of energy savings certificates
   78ZA.   Order requiring surrender of energy savings certificates
   78ZB.   Registration of transfer of certificates

           Division 8 - Audits

   78ZC.   Audits of scheme participants
   78ZD.   Audits of accredited certificate providers
   78ZE.   Impersonating approved auditor

           Division 9 - Registers

   78ZF.   Register of accredited certificate providers

           Division 10 - Miscellaneous

   78ZG.   Decisions reviewable by Administrative Decisions Tribunal

   PART 10 - ACCREDITATION OF PROVIDERS OF CONTESTABLE SERVICES

           Division 1 - Persons requiring accreditation

   79.     Persons to be accredited for the provision of services: section 31

           Division 2 - Accreditation procedures

   80.     Application for accreditation
   81.     Grant of accreditation
   82.     Giving of undertakings
   83.     Rating of accredited persons
   84.     Availability of lists of accredited persons
   85.     Suspension of accreditation
   86.     Cancellation of accreditation

           Division 3 - Preparation and approval of accreditation schemes

   87.     Preparation of accreditation schemes by service providers
   88.     Ministerially recognised accreditation schemes and accrediting agencies
   89.     General requirements
   90.     Joint accreditation schemes
   91.     Ministerial guidelines

           Division 4 - Appeals

   92.     Definitions
   93.     Appeal against decisions regarding accreditation
   94.     Appeals against decisions of service providers
   95.     Review of decision by accrediting agency
   96.     Request for alternative dispute resolution
   97.     Alternative dispute resolution
   98.     Arbitration
   99.     Costs of arbitration

   PART 11 - TREE PRESERVATION

   100.    Object and application of Part
   101.    Definitions
   102.    Preservation of trees
   103.    Tree management plans
   104.    Consultation with councils and the public

   PART 12 - MISCELLANEOUS

           Division 1 - Savings and transitional provisions

   105.    Definitions
   106.    Interim small retail customers
   107.    Requirements for new customer contracts
   108.    Existing customer connection contracts
   109.    Existing billing provisions apply
   110.    Energy distributors taken to hold licences
   111.    (Repealed)
   112.    Customer consultative charters
   113.    Accreditation schemes
   113A.   Application of amending Regulation
   113B.   Estimation of consumption
   113C.   Payment plans for all suppliers

           Division 2 - General matters

   114.    Permissible electricity meters
   115.    Exclusion of network use of system services
   116.    Variation of distribution districts
   117.    Delegation of Minister’s functions
   118.    Market operations rules
   119.    How notice is to be given
   120.    Service of documents
   121.    Prescribed electricity works
   121A.   Date on which Divisions 5 and 6 of Part 4 of Act cease to have effect
   122.    Repeal of Electricity Supply (General) Regulation 1996
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4