AER Guidance on Performance Reporting.

AER Guidance on Performance Reporting.

AU Energy Compliance
The Australian Energy Regulator (AER) has released a guidance note on performance reporting. The AER notes "Energy retailer performance data plays an important part in informing stakeholders and promoting confidence in the retail energy market in Australia." Section 282(1) of the Retail Law requires retailers to submit to the AER performance data in the manner and form as prescribed by, and by the due dates required by, the AER Performance Reporting Procedures and Guidelines (Guidelines). Where retailers are found to have breached their obligation, the AER may issue an infringement notice of up to $20,000 per breach, obtain a court enforceable undertaking, or commence litigation. Company officers may also be liable for any breaches of the Retail Law. Under the section 'Our Expectations,' the AER notes: "We expect retailers to…
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Webinar – The implications of the ACCC’s report for innovative energy businesses

Webinar – The implications of the ACCC’s report for innovative energy businesses

AU Energy Compliance
In this recent webinar, we looked at the implications of the ACCC Report for innovative energy businesses. As a valued Compliance Quarter client, you have access to the full video, transcript and slides from the webinar. ACCC Report for innovative energy businesses Update on Regulation Agenda 1. The Headline 2. The Findings 3. The Opportunity ACCC Report Slams the Industry (video) Who is winning? Generation Capacity by Region While many incumbents have pointed to the lack of an enduring and stable climate change policy as a cause of investment uncertainty and underinvestment, at the same time, they have had little incentive to invest in new capacity when they are reaping the benefits of higher spot and future prices. Customer Concerns Trends of complaints over time. Billing remains a significant issue.…
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Webinar – Managing Energy Consumer Complaints

Webinar – Managing Energy Consumer Complaints

AU Energy Compliance, Consumer
This article provides the full transcript and slides from a recent webinar looking at the background and process for managing energy consumer complaints. Compliance Quarter clients looking to obtain further advice on this important topic should contact the team by clicking here. Agenda 1. Current Trends 2. The Standards 3. The Practice Reporting AER’s published reports provide intelligence on the market. Reports are found here: https://www.aer.gov.au/retail-markets/performance-reporting Another good source of information is each ombudsman scheme’s reports i.e. here https://www.ewon.com.au/page/publications-and-submissions/annual-reports Trends of complaints over time. Billing remains a significant issue. New categories of meter exchange. The reduced number of marketing complaints-will that rise? Expect to see embedded networks present their own issues. Regulatory Obligations NERR(1) A retailer must include, as a minimum requirement in relation to the terms and conditions of…
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Regulatory innovation and collaboration in a dynamic environment

AU Energy Compliance
The Australian Energy Regulator (AER) Chair, Paula Conboy delivered a speech at the Energy Networks Australia Regulation Seminar 2018 on 25 July 2018. In the speech Ms Conboy talked about 'regulatory innovation and collaboration in a dynamic environment – what has been achieved and where to from here'. Photo by James Pond on Unsplash By Anne Wardell, Regulatory Specialist, Compliance Quarter. Ms Conboy refered to the five strategic objectives set out in the AER Strategic Statement, published on 22 August 2017: Drive effective competition where feasible Provide effective regulation where competition is not feasible Equip consumers to participate effectively and protect those who are unable to safeguard their own interests Use our expertise to inform debate about Australia’s energy future, the long term interest of consumers and the regulatory landscape, and Take a long term…
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Alinta Energy fined $40,000 for allegedly switching customers without consent

AU Energy Compliance
The Australian Energy Regulator has issued two infringement notices to Alinta Energy in relation to breaches of s 38(b) of the Retail Law in relation to obtaining explicit informed consent. The penalties imposed totalled $40,000. This serves as an important reminder to all energy retailers that they will be held responsible for the actions of their agents. Photo by Rodolfo Marques on Unsplash By Anne Wardell, Regulatory Specialist, Compliance Quarter. One of the breaches occurred as part of a telephone marketing campaign conducted by an agent of Alinta Energy. The customer was transferred to an Alinta account notwithstanding that she had indicated on the phone that she wanted to remain with her current retailer. There was no evidence that the customer had provided explicit informed consent. The other breach occurred following a visit…
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Consumer data right – speech by Rod Sims Chairman of the ACCC

AU Energy Compliance, Financial Services
The Australian Competition and Consumer Commission (ACCC) Chair Rod Sims has delivered a speech to the National Consumer Data Policy Research Centre on the consumer data right (CDR) and the digital platforms inquiry (DPI). The CDR will be rolled out first in the banking industry followed by the energy and telecommunications industries. Photo by jesse orrico on Unsplash By Anne Wardell, Regulatory Specialist, Compliance Quarter. Consumer data right (CDR) The consumer data right (CDR) was introduced by the government in November 2017. Following the Open Banking Review, the Treasurer announced that banking would be the first sector to which the CDR would apply. At the same time as the Final Report was released, the government released the Consumer Data Right Booklet. The Booklet contains the following useful summary: The ACCC will have the…
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Good news for smaller energy retailers in the ACCC Retail Electricity Pricing Inquiry—Final Report

Good news for smaller energy retailers in the ACCC Retail Electricity Pricing Inquiry—Final Report

AU Energy Compliance
The recommendations from the Australian Competition & Consumer Commission (ACCC) in its recent ‘ACCC Retail Electricity Pricing Inquiry—Final Report’ (the report) are wide-ranging and, if accepted by the Federal Government, will have a huge impact on all energy businesses. We summarise the recommendations at  https://www.compliancequarter.com.au/accc-blueprint-to-reduce-energy-prices/. By Dr Drew Donnelly, Compliance Quarter.  In its Retail Electricity Pricing Inquiry—Final Report the ACCC judges that the existing regulatory framework has failed consumers miserably and is in need of a radical overhaul. Some of the recommendations might seem to create an added compliance burden for energy businesses, such as the recommendation for a new Government-determined ‘default price’ across the National Electricity Market (NEM). However, in this article I want to draw out some ways in the report presents a positive business opportunity for some energy…
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ACCC blueprint to reduce energy prices

AU Energy Compliance
The Australian Competition and Consumer Commission (ACCC) has released its final report in relation to Retail Electricity Pricing; Restoring electricity affordability and Australia's competitive advantage. The main thrust of the ACCC Report is how to reduce energy prices for Australian consumers. The ACCC has made 56 recommendations in the Report which are included in the Executive Summary. By Anne Wardell, Regulatory Specialist, Compliance Quarter. Some of the more interesting recommendations include: Abolishing the current retail ‘standing’ offers (which are not the same between retailers), and replacing them with a new ‘default’ offer consistent across all retailers, set at a price determined by the Australian Energy Regulator (AER). Requiring retailers to reference any discounts to the new ‘default’ offer pricing determined by the AER, making it easier for consumers to genuinely compare…
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June Energy Update: National Energy Guarantee Detailed Design

June Energy Update: National Energy Guarantee Detailed Design

AU Energy Compliance
Regulation for the National Electricity Market jurisdictions (Queensland, New South Wales, Victoria, Australian Capital Territory, South Australia and Tasmania) is complex. In any given month there are often dozens of consultations initiated, and many more important announcements that energy businesses need to be on top of. Furthermore, there is no central repository of that information. That is why every month we provide a regulatory update informing you of all the significant announcements and consultations for that month. This update covers important updates from 6 June through to the 6 July.     Photo by Breno Machado on Unsplash By Dr Drew Donnelly, Regulatory Specialist, Compliance Quarter We begin with changes at that apply across the National Electricity Market, including rule changes, then look at announcements on a state-by-state basis. 1. National Energy Guarantee:…
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Developments in the Victorian Retail Energy Market

Developments in the Victorian Retail Energy Market

AU Energy Compliance
In this article, we look at two regulatory announcements for the Victorian Retail Energy Market over the last ten days or so. The first is the Essential Services Commission’s (ESC) Victorian Retail Energy Market Update January to March 2018 (the first quarter update). The second is an update on embedded network regulation in Victoria.[1] Photo by Joshua Peacock on Unsplash By Dr Drew Donnelly, Regulatory Specialist, Compliance Quarter Below are the key headlines from the 2018 first quarter update: A decrease in standard retail contracts in the Victorian Retail Energy Market Standard contract/standing offer contracts are a type of retail contract that provides customers with certain guaranteed consumer protections. Under the Energy Retail Code, retailers in Victoria are only permitted to publish new standard contract (or standing offer) prices twice a year. The ESC…
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