South Australian Consolidated Acts South Australian Consolidated Acts36AA—Provision for standing contract with small customers
(1) This section
applies to an electricity entity holding a licence authorising the retailing
of electricity that is declared by the Governor under this section to be an
electricity entity to which this section applies.
(2) It is a condition
of the electricity entity's licence that the entity must, at the request of a
small customer, agree to sell electricity to the customer at the entity's
standing contract price and subject to the entity's
standing contract terms and conditions.
(3) A customer to whom
the electricity entity was selling electricity immediately before the
commencement of this section is, on that commencement, if—
(a) the
customer is then a small customer; and
(b) has
not contracted with another electricity entity for the purchase of electricity
from that commencement,
to be taken to have requested that the entity sell electricity to the customer
on the basis referred to in subsection (2).
(4) The entity is not
required to sell electricity to a customer in compliance with the condition
imposed under subsection (2) if the entity is entitled in accordance with
the entity's standing contract terms and conditions to refuse to sell
electricity to the customer.
(4a) The following
provisions apply in relation to the fixing by the Commission of a
standing contract price for an entity for the purposes of this section:
(a) the
Commission may fix the price by a determination of a kind referred to in
section 35A(1)(a);
(b) a
determination must provide for the expiry of the determination at the end of a
period of not less than 3 years specified in the determination;
(c) a
determination may provide for prices that vary at specified times according to
a formula specified in the determination;
(d)
unless the Commission determines that special circumstances exist—
(i)
a determination may not be made to take effect before the
expiry date of the last preceding determination made by the Commission in
accordance with this subsection;
(ii)
a determination may only be made if the entity has made a
submission to the Commission stating the price that the entity proposes be
fixed by the Commission as the entity's standing contract price, and the
entity's justification for the price, not less than 6 months and not more
than 9 months before the making of the determination;
(iii)
the Commission must, before making a determination, have
conducted an inquiry under Part 7 of the Essential Services Commission
Act 2002 into the question of the appropriate price to be fixed as the
standing contract price;
(e) a
submission under paragraph (d) must comply with any requirements as to
the form and content of such submissions imposed by the Commission by written
notice served on the entity.
(5) The Governor may,
by proclamation—
(a)
declare that this section applies to a specified electricity entity; and
(b) vary
or revoke such a declaration.
(6) In this
section—
"standing contract price", in relation to an electricity entity, means—
(a) the
price fixed by the Commission as the entity's standing contract price in
accordance with subsection (4a); or
(b) if
there is no price for the time being fixed by the Commission as the entity's
standing contract price in accordance with subsection (4a), the price
fixed by the electricity pricing order under section 35B as at 31
December 2002 for the sale of electricity to non-contestable customers;
"standing contract terms and conditions" means terms and conditions that have
been published by the electricity entity under section 36 as the entity's
standing contract terms and conditions.
(7) The Governor may,
by proclamation, fix a day on which this section expires.