19 condition 4.2(d) to make clear a replacement meter is funded by the customer or retailer. CCIA 20 Amend conditions 4.2.1. and 4.2.2 to include a requirement to consult AEMO on technical impacts of major assets and add an open access requirement for major distribution networks. AER 21 Amend condition 4.2.2.1 to add reference to service installation rules. WINconnect 22 Amend condition 4.2.2.3 - see 4.2(d) CCIA 23 Clarify condition 4.3 applies to meters owned by the embedded network operator and add provision for the role of the responsible person to change under the Power Of Choice reforms . BAC, AGL 24 condition 4.4 to make clear that access to competition may not be available in all regions of a State. DEWS 25 Amend condition 4.4.2 to allow manufactured home and residential land lease sites to delay appointment of an ENM as jurisdictional price controls exist in this category. CCIA, RTA, CPAQ, EWON 26 Amend condition 4.4.2 to clarify the 30 site threshold is per site, not cumulative. AGL 27 Redraft condition 4.5 re DLFs to a cleaner style and clarify annual reporting requirements. Ashurst 28 Amend table 11 and condition 4.6.1 to better reflect and explain scope of charge group C. Ashurst 29 Add passage to clarify impact of of Choice reforms on tariff options. AER 30 Amend condition 4.6.4 to resolve a possible conflict with charge group C. Ashurst, TCC 31 condition 4.7.1 to restrict members of an eligible community to persons resident in the community. CCIA, RTA, John Scouller 32 Amend condition 4.7.1 to make clear a rebate based solely on volume of work is permitted. Public forum 33 condition 4.7.2 to allow large customers an opportunity to also apply to not appoint an ENM if participating in a bulk purchasing scheme. TCC 34 Amend condition 4.9 to include a requirement to also notify local DNSP of impending conversion. Ausgrid 35 conditions 4.9.3 and 4.9.4 to apply to eligible communities, as intended. CCIA
Mechanism for non-appointment of ENM for eligible communities seems to provide suitable solutions (excepting this village). External dispute resolution Support proposal. Pricing Support proposal requiring notification of changes to tariffs and limiting late payment fees to reasonably incurred costs. Access to retail competition Support proposal regarding access to competition in clause 4.1.12. Network conversions – supplementary conditions Support proposals relating to network conversions. Recommend requiring a percentage of consent for conversion. Network conversions – supplementary conditions Noted. Energy and Water Ombudsman, New South Wales Consumer protections Where appropriate, consumer protections contained in the Retail Exemption Guideline should be included in the Network Exemption Guideline. Where EN is billing a small customer directly for network charges, exempt ENO should adhere to protections in Retail Exemption Guideline. Such protections include but are not limited to: content and timeliness of invoices management of customers in financial hardship disconnection for non-payment adequate information about effective external dispute resolution Billing on-market EN customers This submission generally supports our approach. Consumer protections Noted. Billing on-market EN customers Noted. Retail contestability Who pays for the ENM? Based on this submission and similar submissions from Caravan & Camping Industry Association of NSW, the Caravan Parks Association of QLD and the Residential Tenancies Authority, Qld, we accept that class NR4 should be allowed to defer
Confusion around unbundled tariffing Disconnection for non-payment to either party Effective and unambiguous treatment of in independent dispute resolution B2B procedures should be introduced to best replicate which exist in the contestable market where practical. This would address many issues noted above. Potential disconnect between the procedures proposed by AER, the drafting in the EN Rule Change and the market design proposed by AEMO. The rule allows ENO access to meter data but it is difficult to understand how when ENO will not have access to MSATS and MMS systems. It is not clear that the Rules allow for direct access to child data via the ENM. Network conversions Sympathetic to motivation behind supplementary conditions on network conversions but proposals are overly prescriptive. Additional conditions are not relevant if competition is facilitated through the ENM. AER and AEMO should work together to make competition so seamless that such conditions as matching are not required. Clause 4.1.12(e) is problematic and creates a duty of care inside an EN not existent elsewhere across NEM. Clause 4.1.12(e) should be omitted along with new clause 4.9 which appears to have been included to address the deficiencies of clause 4.1.12(e). between individual rights and the best interests of the whole community. We agree that if competition works well under this rule change, the need for many conditions may change. We will monitor industry outcomes and revise the guideline based on that experience. We agree with other submissions that condition 4.1.12(e) should not apply to network upgrades. We have amended the condition accordingly. However, we do not agree it can be deleted. It is a fundamental protection for customers with an existing direct connection. Energy Fees, charges and transaction Support the proposal for meter charges Some fees need to be passed on to the customer, such as ENM fees, which could be a flat fee included in each customer’s regular bill. Fees, charges and transaction costs Our position is that the ENM fee must be absorbed by the exempt embedded network service provider. We only allow the ENM fee to be passed on in limited circumstances. We do not agree ENM fees
Australian Airports Association formally endorses and supports the content of the Brisbane Airport Corporation submission and feedback from members indicates it aligns with the general views held by major airports nationwide. than 30 tenants will not be affected except where a customer seeks a market offer. Brisbane Airport Corporation submission Energy Intelligence Billing on-market EN customers Generally support proposal that ENO primarily responsible regarding duplication of network charges for brownfield sites and authorised retailers being primarily responsible for greenfield sites. Recommend amendment to wording of proposal so ENO must use ‘best endeavours’ to resolve any duplications for brownfield retrofits. There are cases in brownfield sites where the ENO has done all possible to minimise duplication of charges but retailers or distributors have not updated their appropriate systems to resolve duplication. Fees, charges and transaction costs Recommend condition 4.6.4.1 regarding manual read charges for advance technology meters be amended. Where a new owner inherits an EN and the incumbent meter provider chooses not to supply remote access metering data for commercial reasons, the new ENO must manual read the meters or replace them all. This would place significant costs on the ENO for no additional immediate benefit to end users. Metering types and access arrangements Recommend ENOs be afforded the same financial protections as distributors (in relation to stranded assets) and maintain the ability to apply a reasonable termination fee consistent with the principles of Chapter 6 of the NER. Recommend greater clarity be provided relating to meters installed before 1 January 2012. Where a single meter needs to be replaced at an older site, it would be cost prohibitive to maintain data Billing on-market EN customers We will issue guidance notes where necessary to help resolve any implementation issues with the new requirements. Fees, charges and transaction costs We have not amended condition 4.6.4.1 as suggested to resolve the concern with communication with legacy metering installations. We do not consider it always necessary to replace the meter. Meters may only require the communication card be replaced or reprogrammed to work with a new service provider. We also do not accept that meters in embedded networks should be subject to lesser requirements than all other advanced technology meters. Metering and access arrangements We do not agree that ENOs should be protected by a termination fee. This condition is intended to encourage reuse of an existing compliant meter. No argument is presented that demonstrates why a termination charge would better satisfy the NEO. We do not believe the guideline prevents an embedded network operator from voluntarily changing a meter.
Recommend clause 4.6.4(a) (ENO may not levy charges that not be charged by local area distributor under a standard contract) be amended to clarify if it is: intended to limit the nature of the charges (similar to the limitation to charges which apply in normal circumstances in clause 4.6.1.1 for which the supporting schedule has been provided); and not intended to limit an ENO recovering internal network changes (if permitted under clause 4.6.3 and Charge Group C). Caravan & Camping Industry Association of NSW Fees, charges and Transaction Costs Support proposed amendments to section 4.6 including in relation to late payments and manual reading charges. However, state based legislation specific to the caravan park industry restricts what caravan park operators can charge. Metering types and access arrangements The requirements for all new metering installations and to any reconfiguration of an existing metering installation within an EN are generally reasonable but recommend clarifying: clause 4.2 to make explicit ENO does not pay for meter upgrade if retailer or on/market customer replaces meter clause 4.2.2.1 to make applicable to new and replacement meters clause 4.2.2.3 to make explicit that a purchase or lease of an existing meter is negotiated by both parties The prohibition on measures which impede competition should be redrafted to ensure it is not retrospective. Fees, charges and Transaction Costs on this submission and similar submissions from the Energy and Water Ombudsman, NSW, the Caravan Parks Association of QLD and the Residential Tenancies Authority, Qld, we accept that class NR4 should be allowed to defer the appoint of an ENM. Also, the provisions for of an ENM should apply to long-term residents of these sites. By imposing a requirement for a delay of 40 business days in clause 4.7 we expect transient residents will not be able to trigger a requirement to appoint an ENM and, if they were to do so, it would be at their own cost. External dispute resolution We have amended our dispute resolution requirements to recognise commercial and/or residential tribunals may exist and be available to address disputes. We also have created a discretion for the energy ombudsman to determine
Support class ND3 not being required to appoint an ENM unless a customer enters into a retail contract but references to ‘rental’ and ‘tenancy’ is inaccurate in the context of short term holiday accommodation. Recommend NR4 class (regardless of the number of customers) not be required to appoint an ENM unless a customer enters into a retail contract. Who pays for the ENM? ENM are unnecessary for residential land communities and result in additional costs for operators to bear without a means of cost recovery through utility billing. Operators will have to resort to site fee increases to the detriment of customers largely in need of affordable housing. We agree with a ‘user pays’ model for ENM cost recovery. However, because NSW legislation prevents ENM cost recovery from the customer base of utility users in residential land lease communities, there is no incentive for customers to vote for fees to be recovered on a user pays basis instead. Recommend that ENOs recover ENM costs from the retailers of EN customers. Should the retailer not agree the costs of the ENM are ‘reasonable costs’ the parties may seek a binding determination from the Ombudsman. Eligible communities Residential land communities will not fall within definition of ‘eligible communities’ as property is not shared with residents and energy savings which are passed through to residents are usually the result of the residential land lease community operator (a separate legal entity) choosing to share the cost benefits of their commercial energy contract. Residents in a residential land lease community don’t generally “participate consensually in a group buying scheme”. As noted above, Residential land lease communities will be ‘eligible communities’. Information provision Our provision requires that information be given both initially and on request. We think this concern is misplaced. Network conversions – supplementary conditions Noted. Other issues We have made a number of minor drafting amendments in response to this submission.