Electricity Industry (Customer Transfer) Code 2016 (WA)
!2016168GG!
WESTERN 3993 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, TUESDAY, 20 SEPTEMBER 2016 No. 168 SPECIAL PERTH, TUESDAY, 20 SEPTEMBER 2016 No. 168 PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
ELECTRICITY INDUSTRY ACT 2004
_________
ELECTRICITY INDUSTRY (CUSTOMER TRANSFER)
CODE 2016
3994 GOVERNMENT GAZETTE, WA 20 September 2016 ISSUED BY THE MINISTER
I, Dr Mike Nahan, Minister for Energy for the State of Western Australia, under section 39(2a) of the Electricity Industry Act 2004 hereby issue the Code contained in this instrument in respect of the
matter specified in section 39(2)(b) of the Act, which may be cited as the “Electricity Industry
(Customer Transfer) Code 2016”.
M. NAHAN.
Dated at Perth this 5th day of September 2016.
———————————
20 September 2016 GOVERNMENT GAZETTE, WA 3995 ELECTRICITY INDUSTRY ACT 2004
ELECTRICITY INDUSTRY (CUSTOMER TRANSFER) CODE 2016
TABLE OF CONTENTS
PART 1—PRELIMINARY
1.1 Commencement
1.2 Application1.2A Code does not apply during Supply of Last Resort event
1.3 Definitions
1.4 Interpretation
1.5 Expiry of verifiable consent1.6 Meaning of ‘publish’
PART 2—OBJECTIVES
2.1 Objectives
2.2 Network operator must treat retailers at arms-length2.3 Network operator must publish performance information annually
PART 3—INFORMATION PROVISION
3.1 Forms for data requests
3.2 Retailer may submit data request
3.3 NMI discovery
3.4 Submitting a data request
3.5 Verifiable consent required for historical consumption data
3.6 Withdrawing a request for historical consumption data
3.7 Invalid data requests
3.8 Network operator’s obligations following receipt of a valid data request 3.9 Retailer’s obligations following receipt of data
3.10 Charges for standing data and historical consumption data
PART 4—TRANSFER OF CONTESTABLE CUSTOMERS
4.1 Form for a CTR
4.2 Retailer may submit a CTR
4.3 Reason for transfer
4.4 Prerequisites to submitting a CTR
4.5 Submitting a CTR
4.6 Retailer’s representations and warranties in relation to a CTR 4.7 Nominated transfer date
4.8 Withdrawing a CTR
4.9 Objections to a CTR4.10 Network operator’s obligations following receipt of a valid CTR
4.11 The transfer
4.12 Effect of a transfer on an access contract
4.13 After the transfer4.14 Settlement
4.15 Rectifying an erroneous transfer
4.16 Incoming retailer must retain copy of verifiable consent
4.17 Previous retailer must not bill past transfer time4.18 Charges for metering services
PART 5—COMMUNICATION RULES
5.1 [Deleted]
5.2 Metering code’s communication rules apply
PART 6—NOTICES
6.1 Requirements for valid notice
6.2 Notices under Part 3 or Part 4 must identify connection point
3996 GOVERNMENT GAZETTE, WA 20 September 2016 6.3 Network operators
6.4 Retailers
6.5 Receipt6.6 Electronic communication
PART 7—DISPUTE RESOLUTION
7.1 Dispute resolution procedures
7.2 Referral of disputes to the arbitrator
7.3 Informality and expedition
7.4 Arbitrator may determine own procedures
7.5 Powers of the arbitrator
7.6 Orders which may be made
7.7 Timing of dispute resolution
7.8 Written determination
7.9 Dispute resolution to be held in Perth7.10 Arbitrator’s finding is final
7.11 Costs of the arbitrator7.11A Arbitrator may withhold determination until payment made
7.11B Costs of disputing parties
7.12 Referral to the arbitrator does not affect the obligations of the parties
PART 8—CODE AMENDMENT
8.1 Amendment & review
8.2 Other amendments
PART 9—REPEAL OF ELECTRICITY INDUSTRY CUSTOMER TRANSFER CODE 2004
9.1 Repeal of Electricity Industry Customer Transfer Code 2004
9.2 References to Electricity Industry Customer Transfer Code 2004
ANNEX 1—REQUEST FOR STANDING DATA FORM
ANNEX 2—REQUEST FOR HISTORICAL CONSUMPTION DATA FORM
ANNEX 3—CUSTOMER TRANSFER REQUEST FORM
ANNEX 4—STANDING DATA AND HISTORICAL CONSUMPTION DATA
A4.1 Standing data
A4.2 Historical consumption data
ANNEX 5—NMI DISCOVERY PROCEDURE
A5.1 NMI discovery procedure
ANNEX 6—[DELETED]
20 September 2016 GOVERNMENT GAZETTE, WA 3997 ELECTRICITY INDUSTRY ACT 2004
ELECTRICITY INDUSTRY (CUSTOMER TRANSFER) CODE 2016
PART 1—PRELIMINARY
1.1 Commencement
This Code comes into operation upon the earlier to occur of—
(a) the commencement of regulations made under section 12 of the Act that prescribe this Code as a term or condition of a licence; or (b) the commencement of a determination by the Authority under section 11 of the Act that this Code is a term or condition of a licence. 1.2 Application
Subject to clause 1.2A, this Code applies to—
(a) a network operator to the extent that a condition of a licence under Part 2 of the Act, or of an exemption order under section 8 of the Act, requires the network operator to comply with this Code; and (b) a retailer to the extent that a condition of a licence under Part 2 of the Act, or of an exemption order under section 8 of the Act, requires the retailer to comply with this Code; and (c) AEMO, to the extent that the market rules provide; and (d) the Authority.
1.2A Code does not apply during Supply of Last Resort event
This Code does not apply to the transfer of a contestable customer under a last resort supply plan.
{Note: At the time this Code was made, the expression “last resort supply plan” was defined in Part 5 of the Act, and refers to a plan for the supply of electricity to customers whose retailer’s licence is cancelled, expires
without renewal or is surrendered.}
1.3 Definitions
“access arrangement” has the meaning given to it in the Access Code.
{Note: At the time this Code was made, the definition in the Access Code was—
“ ‘access arrangement’ means an arrangement for access to a covered network that has been approved by
the Authority under this Code.”}
“Access Code” means the code made by the Minister under Part 8 of the Act.
{Note: At the time this Code was made, the Access Code was the Electricity Networks Access Code 2004.}
“access contract” means an agreement between a network operator and a person for the person to
have ‘access’ (as defined in section 103 of the Act) to ‘services’ (as defined in section 103 of the Act)
on a network.
{Note: The person who has the contract with the network operator is called a “user”.}
{Note: At the time this Code was made, the definition of the expression “access contract” in this Code is
broader than the definition of the same expression in the Access Code, because it is not limited to agreements
entered into under the Access Code. The expression “access contract” in this Code is thus basically the same as
the expression “contract for services” in the Access Code.}“actual value” means energy data for a ‘metering point’ (as defined in the metering code) which has physically been read (or remotely collected by way of a ‘communications link’ or an ‘automated meter reading system’, both expressions as defined in the metering code) from the meter associated with the metering point, but does not include a ‘deemed actual value’ (as defined in the
metering code).
{Note: A deemed actual value arises when the meter is destroyed or otherwise permanently unreadable. The network operator can designate an estimated or substituted value to be the deemed actual value, and from then on it may be used in place of an actual value. However, this Code does not permit transfer to occur on the basis of a deemed actual value.
“AEMO” means the Australian Energy Market Operator Limited (ACN 072 010 327).
“arbitrator” has the meaning given to it in the Energy Arbitration and Review Act 1998.
{Note: At the time this Code was made, it referred to the Western Australian Energy Disputes Arbitrator
appointed under section 62 of that Act.}
“associate” has the meaning given to it in the Access Code.
{Note: At the time this Code was made, the definition in the Access Code was—
“ ‘associate’, in relation to a person and subject to section 13.2 (of the Access Code, which extends the
meaning of ‘associate’ to include any other business of the service provider), has the meaning it would have
3998 GOVERNMENT GAZETTE, WA 20 September 2016 under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 of that Act were repealed, except that a person will not be considered to be an associate of a service provider solely because that person proposes to enter, or has entered, into a contract, arrangement or understanding with the service provider for the provision of a covered service.
At the time this Code was made the following are examples of persons who are associates of a body corporate
under the Corporations Act 2001 of the Commonwealth—
(a) a director or secretary of the body corporate; and (b) a related body corporate of the body corporate; and (c) another body corporate that can control or influence the composition of the board or the conduct of the affairs of a body corporate. “Authority” means the Economic Regulation Authority established under the Economic Regulation
Authority Act 2003.
“bidirectional point” means a transmission connection or a distribution connection on a network—
(a) at which electricity is transferred out of the network for supply to a contestable customer; and
(b) which is “subject to bi-directional electricity flows” under clause 3.3A of the metering code. {Note: At the time this Code was made, clause 3.3A(3) of the metering code provided that—
“… a metering point is ‘subject to bi-directional electricity flows’ at a time, if any of the following
apply at the time—
(a) bi-directional electricity flows occur at the metering point; or (b) any generating works are installed at the customer’s premises without adequate equipment being installed to ensure that bi-directional electricity flows cannot occur at the metering point.”}
“business day” means any day that is not a Saturday, a Sunday or a public holiday in the relevant
area.
“charges” means all charges payable by a retailer to a network operator or, if applicable, AEMO in
connection with the transfer or supply of electricity at a connection point.
“checksum” means a single digit numeric identifier that is calculated to reduce the frequency of
NMI data entry errors which cause transfer errors.
“Code” means this Electricity Industry (Customer Transfer) Code 2016.
“communication rules”, in relation to a network operator and its network, means the
‘communication rules’ in effect for the network under the metering code or if there are no
communication rules in effect for the network, the arrangements in effect under the metering code
for communications between the network operator and ‘code participants’ (as defined in themetering code).
“contact details” means the notified electronic communication address, notified facsimile number,
notified postal address and notified telephone number of a network operator or retailer, as
applicable.“contestable”, in relation to a customer, means a customer to whom the supply of electricity is not
restricted under section 54 of the Electricity Corporations Act 2005 or under another enactment
dealing with the progressive introduction of customer contestability.
{Note: At the time this Code was made, the relevant instrument under section 54 of the Electricity Corporations Act 2005 was the Electricity Corporations (Prescribed Customers) Order 2007, gazetted 29 June 2007.}
“connection point” means—
(a) an exit point; or
(b) a bidirectional point.
“CTR” or “customer transfer request” means a request by a retailer to a network operator made
using the form published under clause 4.1 to transfer a contestable customer at a connection point
in the network operator’s network from one retailer to another.
“current retailer”, in relation to a CTR, means the retailer currently supplying the contestable
customer.
“customer” has the meaning given in section 3 of the Act.
{Note: At the time this Code was made, the definition in section 3 of the Act was—
“ ‘customer’ means a person to whom electricity is sold for the purpose of consumption.”}
“data” means historical consumption data or standing data, as applicable.
“data request” means a request for historical consumption data or a request for standing data, as
applicable.
“data request form” means a request for historical consumption data form or a request for standing
data form, as applicable, published by the network operator under clause 3.1(1).
“dispute” has the meaning given to it in clause 7.1(1).
“disputing party” has the meaning given to it in clause 7.1(1).
“distribution connection” means a point at which electricity is transferred to or from the
distribution system.
“distribution system” has the meaning given to it in the Act.
{Note: At the time this Code was made, the definition in the Act was—
“ ‘distribution system’ means any apparatus, equipment, plant or buildings used, or to be used, for, or in
connection with, the transportation of electricity at nominal voltages of less than 66kv.”}
20 September 2016 GOVERNMENT GAZETTE, WA 3999 “electricity” has the meaning given to it in the Act.
{Note: At the time this Code was made, the definition in the Act was—
“ ‘electricity’ includes electrical energy of any kind however produced, stored, transported or consumed.”}“electronic”, in relation to a notice, means a communication of information by means of guided or
unguided electromagnetic energy, or both, by way of packet transfer between and within
computer networks using the TCP/IP or other widely-accepted protocol for packet transfer.
“erroneous transfer” is a transfer that was made without the verifiable consent of the contestable
customer that was transferred.
{Note: For example, a transfer to the wrong retailer or a transfer of the wrong contestable customer.}
“exit point”
(a) in relation to a ‘covered network’ (as defined in the Access Code)—has the meaning given to it in the Access Code; and
(b) otherwise—means a transmission connection or a distribution connection on a network at which electricity is more likely to be transferred out of the network than transferred into the network, but does not include a point at which electricity is transferred between the transmission system and the distribution system.
{Note: At the time this Code was made, the definition in the Access Code was—
“ ‘exit point’ means a point on a covered network identified as such in a contract for services at which,
subject to the contract for services, electricity is more likely to be transferred out of the network than
transferred into the network.”}
“good electricity industry practice” means the exercise of that degree of skill, diligence, prudence and foresight that a skilled and experienced person would reasonably and ordinarily exercise under comparable conditions and circumstances consistent with applicable laws and applicable recognised codes, standards and guidelines.
“historical consumption data”, in relation to a contestable customer, means the metering data of
the type set out in clause A4.2 of Annex 4 for the contestable customer.
“incoming retailer”, in relation to a CTR or transfer, means the retailer that will supply a
contestable customer after the transfer time.
“interval meter” means an electricity meter that records electricity consumption at regular time
intervals of no more than half an hour.
“market rules” has the meaning given to it in the Act.
{Note: At the time this Code was made, the definition of the Act was—
“ ‘market rules’ has the meaning given in section 123(1).”
At the time this Code was made section 123(1) of the Act read—
“Without limiting section 122, the regulations are to provide for there to be rules (the “market rules”)
relating to the market and to the operation of the South West interconnected system setting out or dealing
with such matters as are prescribed by the regulations.”}
“meter”, in relation to a contestable customer at a connection point, means the meter or meters at or
about the connection point used to measure the supply of electricity to the contestable customer.
“metering code” means a code in relation to the matters in section 39(2)(a), made by the Authority
under section 39(2) or the Minister under section 39(2a) of the Act.
“metropolitan area” means—
(a) the region described in Schedule 3 of the Planning and Development Act 2005; and (b) the local government district of Mandurah; and
(c) the local government district of Murray; and
(d) the town sites, as constituted under section 26 of the Land Administration Act 1997, of— (i) Albany;
(ii) Bunbury;
(iii) Geraldton;
(iv) Kalgoorlie;
(v) Karratha;
(vi) Port Hedland; and
(vii) South Hedland.
“network” means the transmission system, distribution system or both, as applicable, operated by
the network operator.
“network operator” means a person who holds (or but for an exemption order under section 8 of the Act would be required by section 7 of the Act to hold) a distribution licence, integrated regional licence or transmission licence under Part 2 of the Act, and if any enactment has the effect of deeming the relevant licence to be held by a part of the person, then that part.
“NMI” or “national meter identifier” means the national meter identifier assigned to a connection
point.
“nominated transfer date” has the meaning given to it in clause 4.7.
“notice” means a notice or other communication in writing under Part 6 and includes a data request
or a CTR.
4000 GOVERNMENT GAZETTE, WA 20 September 2016 “notified”, in relation to a telephone number, postal address, facsimile number or electronic
communication address, means notified under Part 6.
“notify” means to give a notice.
“objection” means a network operator’s objection to a CTR under Part 4.
“previous retailer”, in relation to a transfer, means the retailer that supplied the contestable
customer before the transfer time.
“publish” has the meaning given to it in clause 1.6.
“registered retailer” means—
(a) a retailer who has an access contract; and
(b) a retailer or prospective retailer who has notified the network operator that it wishes to receive notices of things published by the network operator under this Code. “request for historical consumption data” means a request for historical consumption data made
by a retailer to a network operator under Part 3.
“request for standing data” means a request for standing data made by a retailer to a network
operator under Part 3.
“retailer” means a person who holds (or but for an exemption order under section 8 of the Act would be required by section 7 of the Act to hold) a retail licence or integrated regional licence under Part 2 of the Act, and if any enactment has the effect of deeming the relevant licence to be held by a part of the person, then that part.
“standing data”, in relation to a contestable customer, means the standing data of the type set out in
clause A4.1 of Annex 4 for the contestable customer.
“trading day” has the meaning given to it in the market rules.
{Note: At the time this Code was made, the definition in the market rules was—
“ ‘trading day’ A period of 24 hours commencing at 8 AM on any day after Energy Market Commencement,
except where AEMO declares that part of a Trading Day is to be treated as a full Trading Day under clause
9.1.1, in which case that part is a Trading Day.”}
“transfer” means a transfer from one retailer to another under this Code of rights and obligations at
a connection point in connection with the supply of electricity to a contestable customer.
“transfer date” means the date on which a transfer occurs under, as applicable, clauses 4.11(2),
4.11(3)(c) and 4.11(4).
“transfer time” means the time on which a transfer occurs under, as applicable, clauses 4.11(2),
4.11(3)(c) and 4.11(4).
“transmission connection” means a point at which electricity is transferred to or from the
transmission system.
“transmission system” has the meaning given to it in the Act.
{Note: At the time this Code was made, the definition in the Act was—
“ ‘transmission system’ means any apparatus, equipment, plant or buildings used, or to be used, for, or in
connection with, the transportation of electricity at nominal voltages of 66kv or higher.”}
“valid”—
(a) in relation to a data request means, subject to clauses 3.4(2) and 3.7(4), that the data request is complete and contains correct information; and (b) in relation to a CTR means, subject to clause 4.9(5), that the CTR has not been subject to an objection by the network operator under clauses 4.9(1) and 4.9(3). “verifiable consent”, in relation to a request for historical consumption data or a CTR, means
consent that is given by a contestable customer—
(a) expressly; and
(b) either—
(i) orally, if the oral consent is evidenced in such a way that it can be verified and made the subject of a record under clause 3.9(4); or
(ii) in writing; and
(c) after the retailer obtaining the consent has in plain language appropriate to the contestable customer disclosed all matters materially relevant to the giving of the consent, including each specific purpose for which the consent will be used; and (d) by a person whom a retailer (acting reasonably) would consider competent to give consent on the contestable customer’s behalf; and
(e) which has not expired under clause 1.5.
“writing” includes any electronic form capable of being reduced to paper form by being printed.
1.4 Interpretation
(1) Unless the contrary intention is apparent—
(a) The Interpretation Act 1984 applies to the interpretation of this Code. (b) A reference in this Code to a document or a provision of a document includes an amendment or supplement to, or replacement of or novation of, the document or provision. (c) A reference in this Code to a person includes the person’s executors, administrators, successors, substitutes and permitted assigns.
20 September 2016 GOVERNMENT GAZETTE, WA 4001
(d) Where italic typeface has been applied to some words and expressions in this Code, it is solely to indicate that those words or expressions may be defined in clause 1.3 or elsewhere, and in interpreting this Code the fact that italic typeface has or has not been applied to a word or expression is to be disregarded. Nothing in this clause 1.4(1)(d) limits the application of clause 1.3. (e) Where information in this Code is set out in braces (namely “{” and “}”), whether or not preceded by the expression “Note”, “Outline” or “Example”, the information— (i) is provided for information only and does not form part of this Code; and
(ii) is to be disregarded in interpreting this Code; and
(iii) might not reflect amendments to this Code or other documents or written laws.
(f) “Including” and similar expressions are not words of limitation in this Code. (2) In this Code—
(a) a reference to a contestable customer’s connection point is a reference to the connection point on the network operator’s network that is used for the supply of electricity to the contestable customer; and
(b) a reference to a contestable customer’s meter is a reference to a meter at the contestable customer’s connection point; and (c) a reference to a contestable customer’s data is a reference to the data relating to the contestable customer; and
(d) a reference to a contestable customer’s NMI and checksum is a reference to the NMI and checksum assigned by a network operator to the contestable customer’s connection point. 1.5 Expiry of verifiable consent
Verifiable consent expires at the earlier of—
(a) the time that either, as applicable, the historical consumption data is provided or the transfer occurs; or (b) the time specified in or ascertainable from the verifiable consent as the time of expiry of the verifiable consent; or (c) the first anniversary of the date the verifiable consent was first given. 1.6 Meaning of ‘publish’
If the network operator is required to “publish” a thing, the network operator must—
(a) place the thing upon an internet website under the network operator’s control, and retain it there until the later of—
(i) the time the person ceases to be a network operator for the purposes of this Code; or
(ii) the 7th anniversary of its being placed on the website; and
(b) send an electronic notice to each registered retailer advising the registered retailer that the thing has been placed on the internet website; and (c) make available a hard copy of the thing for inspection by the public, without cost, during normal office hours at its principal place of business in Western Australia; and (d) if reasonably requested by a person, make available within a reasonable time frame, and at a reasonable cost to the person (which cost is limited to the network operator’s direct costs and
is to exclude any allowance for overheads and profit margin), a hard copy of the thing for
removal from its principal place of business.PART 2—OBJECTIVES
2.1 Objectives
(1) The objectives of this Code are to—
(a) set out rules for the provision of information relating to contestable customers and the process for transferring contestable customers from one retailer to another retailer in order to promote retail competition; and (b) protect the interests of contestable customers by ensuring that a contestable customer’s verifiable consent is obtained before—
(i) a retailer may request the contestable customer’s historical consumption data; or
(ii) a transfer of that contestable customer may proceed;
and
(c) specify the responsibilities and obligations of retailers and network operators in processing and implementing the transfer of a contestable customer. (2) A retailer, a network operator and, if applicable, AEMO must have regard to the objectives of this Code when acting under this Code, whether or not the provision under which they are acting refers expressly to the objectives of this Code.
2.2 Network operator must treat retailers at arms-length
(1) A network operator—
(a) must treat all retailers which are its associates on an arms-length basis; and
4002 GOVERNMENT GAZETTE, WA 20 September 2016
(b) without limiting clause 2.2(1)(a), must ensure that no retailer which is its associate receives a benefit in respect of this Code, unless either—
(i) the benefit is attributable to an arms’ length application of this Code to the retailer; or
(ii) the network operator also makes the benefit available to all other retailers.
(1A) Clause 2.2(1) does not apply in respect of a network, while there is no more than one retailer on
the network.
(2) Subject to—
(a) the ‘ringfencing objectives’ (as defined in the Access Code) and any ‘ringfencing rules’ (as defined in the Access Code) made under the Access Code; and
(b) any regulations made under section 62 of the Electricity Corporations Act 2005; if the network operator is an ‘integrated provider’ (as defined in the Access Code), a reference in clause
2.2(1) to an associate of the network operator does not include the integrated provider.
2.3 Network operator must publish performance information annually
(1) A network operator must—
(a) for the year ending on each 30 June, prepare a report setting out the information specified by the Authority; and (b) give a copy of the report to the Minister and the Authority, not less than 5 business days before it is published under clause 2.3(1)(c); and (c) publish the report in accordance with clauses 1.6 and 2.3(2). (2) The Authority may determine the manner and form of a report under clause 2.3(1), and the dates
on or before which it is to be submitted and published.
PART 3—INFORMATION PROVISION
{Outline: This Part—
establishes the processes through which retailers can obtain information from network operators to assist them in providing quotations for the supply of electricity to contestable customers; and
outlines obligations of retailers and network operators in requesting and providing this information; and
ensures that contestable customers’ historical consumption data is only provided to retailers with the verifiable consent of the contestable customer to the provision of the data.}
3.1 Forms for data requests
(1) A network operator must publish—
(a) a request for standing data form, which must comply with Annex 1; and (b) a request for historical consumption data form, which must comply with Annex 2. (2) A network operator may from time to time publish an amended data request form, provided that
the amended data request form complies with Annex 1 or Annex 2, as applicable.
3.2 Retailer may submit data request
(1) A retailer may request data in relation to a contestable customer from a network operator by
completing a data request form and submitting it to the network operator under clause 3.4.
(2) Unless otherwise agreed between the network operator and the retailer, a separate data requestmust be submitted for each connection point.
3.3 NMI discovery
Annex 5 has effect.
3.4 Submitting a data request
(1) Unless otherwise agreed with a network operator, a retailer—
(a) must submit a data request to the network operator electronically; and (b) must not submit to a network operator in a business day— (i) more than 100 requests for standing data; and
(ii) more than 100 requests for historical consumption data.
(2) If on a business day a retailer has already submitted the maximum number of a type of data request permitted under clause 3.4(1)(b), then (unless the network operator and retailer agree otherwise) any further data requests of that type submitted by the retailer to the network operator on that business day are not valid.
3.5 Verifiable consent required for historical consumption data
(1) By submitting a request for historical consumption data, a retailer represents and warrants that it
has the contestable customer’s verifiable consent to obtain the historical consumption data.
(2) The retailer makes the representation and warranty in clause 3.5(1) on each day until the network
operator provides the historical consumption data.
(3) If the contestable customer’s verifiable consent ceases to apply before the network operator provides
the historical consumption data, the retailer must withdraw the request for historical consumptiondata under clause 3.6.
{Example: The verifiable consent of the contestable customer ceases to apply if it is withdrawn by the
contestable customer.}
20 September 2016 GOVERNMENT GAZETTE, WA 4003 (4) A breach of the representation and warranty in clause 3.5(1) is a breach of this Code.
{Note: If this Code is being applied as a licence condition under sections 11 or 12 of the Act, a breach of this
Code will be a breach of the relevant licence.}
{Note: In addition to any sanctions for breach of licence, a person who breaches the representation and
warranty in clause 3.5(1) may be liable in other ways for example misleading or deceptive conduct in breach ofthe Competition and Consumer Act 2010 of the Commonwealth.}
3.6 Withdrawing a request for historical consumption data
(1) Unless otherwise agreed with the network operator, a retailer may electronically notify a network operator that it withdraws a request for historical consumption data submitted by it to the network operator at any time before the network operator provides the historical consumption data.
(2) The retailer must pay any reasonable costs incurred by the network operator for work performed in
relation to the request for historical consumption data until the earlier of—
(a) the time the network operator receives and is reasonably able to act upon the notification under clause 3.6(1); and (b) the end of the business day that the network operator receives the notification under clause 3.6(1). (3) Subject to clause 3.5(2), if a retailer withdraws a request for historical consumption data under
clause 3.6(1) the request for historical consumption data is of no effect.
3.7 Invalid data requests
(1) Subject to clause 3.7(3) and unless otherwise agreed with a retailer, a network operator must
electronically notify a retailer if its data request is not valid.
(2) The network operator must comply with clause 3.7(1) within—
(a) if the data request is one of up to 10 data requests submitted by the retailer to the network operator on the same business day—1 business day after the business day on which the
network operator received the data request; and
(b) if the data request is one of more than 10 data requests submitted by the retailer to the network operator on the same business day—2 business days after the business day on which
the network operator received the data request.
(3) The network operator may make reasonable endeavours to resolve with the retailer any omissions
or errors in a data request before notifying the retailer under clause 3.7(1).
(4) If under clause 3.7(3) the omissions or errors are successfully resolved, the data request is—
(a) valid; and
(b) taken to have been submitted at the time the omissions or errors were resolved. (5) If a network operator notifies a retailer under clause 3.7(1) that a data request is not valid, the
data request is of no effect.
3.8 Network operator’s obligations following receipt of a valid data request
(1) Following receipt of a valid data request, the network operator must (subject to clause 3.8(3)) use
all reasonable endeavours to provide the requested data to the retailer.
(2) The network operator must (subject to clause 3.8(3)) provide the requested data under clause 3.8(1)electronically, in accordance with the communication rules.
(3) If—
(a) a retailer submits a data request under clause 3.4; and (b) the network operator has not allocated a NMI for the contestable customer’s connection point; and
(c) the network operator is unable to determine a single connection point to which the data request relates, then—
(d) the network operator must within 1 business day after receiving the data request electronically notify the retailer of the connection points to which it is most likely that the data request relates, up to a maximum of the 10 most likely connection points; and (e) the network operator is not required to comply with clauses 3.8(1) and 3.8(2) in respect of the data request. 3.9 Retailer’s obligations following receipt of data
(1) A retailer may use data relating to a contestable customer only for either or both of the following
purposes—
(a) providing the contestable customer with a quotation for the supply of electricity by the retailer to the contestable customer; and (b) initiating a transfer in relation to the contestable customer.
(2) Despite clause 3.9(1), unless otherwise requested by the contestable customer a retailer may
aggregate a contestable customer’s historical consumption data with other contestable customers’
historical consumption data, and may use the aggregated data for internal business development
purposes.
4004 GOVERNMENT GAZETTE, WA 20 September 2016 (3) A retailer must not disclose a contestable customer’s data to any other person without the verifiable
consent of the contestable customer except if—
(a) the disclosure is made—
(i) to a employee, officer, agent, contractor, consultant or technical advisor of the retailer who agrees to be bound by the undertakings under this clause 3.8(3); and
(ii) for a purpose permitted by this clause 3.8(3);
or
(b) the disclosure is required or allowed under an enactment, or a court or tribunal constituted under an enactment which has jurisdiction over the retailer; or (c) the data has entered the public domain other than by breach of this clause 3.8(3). (4) A retailer must keep a copy of a verifiable consent given to it by a contestable customer in relation
to—
(a) a request for historical consumption data made by it in relation to the contestable customer; and (b) a disclosure made by it to another party under clause 3.9(3) in relation to the contestable customer, for 2 years after the date the verifiable consent was given.
3.10 Charges for standing data and historical consumption data
(1) A network operator must not charge for the provision of standing data.
(2) A network operator may charge for the provision of historical consumption data and the charge—
(a) if the metering code provides a means for determining the charge—is to be determined under the metering code; and
(b) if the metering code does not provide a means for determining the charge—is to be determined by agreement between the network operator and the retailer, and should reflect the reasonable cost incurred by the network operator in providing the historical consumption data.
PART 4—TRANSFER OF CONTESTABLE CUSTOMERS
{Outline: This Part—
establishes the processes through which a contestable customer can be transferred from one retailer to another retailer; and
outlines the obligations of retailers and network operators in requesting and effecting the transfer of a contestable customer; and
ensures that the transfer of a contestable customer only occurs with the verifiable consent of the contestable
customer.}4.1 Form for a CTR
(1) A network operator must publish a CTR form, which must comply with Annex 3.
(2) A network operator may from time to time publish an amended CTR form, provided that theamended CTR form complies with Annex 3.
4.2 Retailer may submit a CTR
(1) A retailer may request that a network operator transfer a contestable customer to the retailer by
submitting a CTR to the network operator under clause 4.5.
(2) Unless otherwise agreed between the network operator and the retailer a separate CTR must besubmitted for each connection point.
4.3 Reason for transfer
The reason specified in the CTR form for the transfer must be either—
(a) to transfer a contestable customer to the retailer which submitted the CTR; or (b) to reverse an erroneous transfer.
4.4 Prerequisites to submitting a CTR
(1) Unless the CTR is to reverse an erroneous transfer, a retailer may only submit a CTR if it has an
access contract for the network.
(2) If a CTR is to reverse an erroneous transfer, the retailer that submits the CTR must—
(a) ensure (if necessary in consultation with the contestable customer) that the contestable customer was transferred to it or from it, as applicable, in error; and (b) if it is the incoming retailer with respect to the erroneous transfer—confirm (if necessary and if applicable in consultation with the network operator, AEMO and contestable customer) the
identity of the previous retailer with respect to the erroneous transfer.4.5 Submitting a CTR
(1) Unless otherwise agreed with the relevant network operator, a retailer—
(a) must submit a CTR to the network operator electronically; and (b) must not submit to a network operator—
(i) more than 20 CTRs in a business day; or
(ii) more than 20 CTRs with the same nominated transfer date.
20 September 2016 GOVERNMENT GAZETTE, WA 4005 (2) If on a business day a retailer has already submitted the maximum number of CTRs permitted under clause 4.5(1)(b)(i) then (unless the network operator and retailer agree otherwise) any further CTRs submitted by the retailer to the network operator on that business day are not valid.
(3) If a retailer has already submitted the maximum number of CTRs with the same nominated transfer date permitted under clause 4.5(1)(b)(ii), then (unless the network operator and retailer agree otherwise) any further CTRs with the same nominated transfer date submitted by the retailer to the network operator are not valid.
4.6 Retailer’s representations and warranties in relation to a CTR
(1) Unless the CTR is to reverse an erroneous transfer, by submitting a CTR to a network operator the
retailer represents and warrants that—
(a) it will assume the rights and obligations regarding the supply of electricity to the contestable customer that is the subject of the CTR from the transfer time; and (b) if the retailer requests in the CTR that a new meter be installed or the transfer of the contestable customer requires the installation of an interval meter—it will pay the costs of the
installation, to be determined under the metering code; and
{Note: if a retailer requests that a new meter be installed in a CTR, as well as being a CTR for the
purposes of Part 3 of this Code, the CTR will also constitute a ‘metering service order’ under the metering
code.}
(c) it has the verifiable consent of the contestable customer to effect the transfer to which the CTR relates. (2) The retailer makes the representations and warranties in clause 4.6(1) on each day until the
transfer occurs or the CTR is withdrawn under clause 4.8.
(3) If the contestable customer’s verifiable consent ceases to apply before the transfer occurs, the
incoming retailer must withdraw the CTR under clause 4.8.
{Example: The verifiable consent of the contestable customer ceases to apply if it is withdrawn by the
contestable customer.}
(4) A breach of a representation and warranty in clause 4.6(1) is a breach of this Code.
{Note: If this Code is being applied as a licence condition under sections 11 or 12 of the Act, a breach of this
Code will be a breach of the relevant licence.}
{Note: In addition to any sanctions for breach of licence, a person who breaches the representation and
warranty in clause 4.6(1) may be liable for misleading or deceptive conduct in breach of the Competition andConsumer Act 2010 of the Commonwealth.}
4.7 Nominated transfer date
(1) Unless the CTR is to reverse an erroneous transfer, an incoming retailer must nominate a transfer
date (“nominated transfer date”), which must be—
(a) if the connection point is in a metropolitan area— (i) if effecting the transfer requires a visit to the contestable customer’s premises to read or
change the meter—at least 8 business days after the date the CTR is submitted; and
(ii) otherwise—at least 3 business days after the date the CTR is submitted;
and
(b) if the connection point is not in a metropolitan area— (i) if effecting the transfer requires a visit to the contestable customer’s premises to read or
change the meter—at least 15 business days after the date the CTR is submitted; and
(ii) otherwise—at least 5 business days after the date the CTR is submitted;
and
(c) in any case—no more than 50 business days after the date the CTR is submitted. 4.8 Withdrawing a CTR
(1) Unless otherwise agreed with the network operator, a retailer may electronically notify a network operator that it withdraws a CTR submitted by it to the network operator at any time before the transfer occurs.
(2) The retailer must pay any reasonable costs incurred by the network operator for either or both of
providing and installing a meter until the earlier of—
(a) the time the network operator receives and is reasonably able to act upon the notification under clause 4.8(1); and (b) the end of the business day that the network operator receives the notification under clause 4.8(1). (3) Subject to clause 4.8(2) if a retailer withdraws a CTR under clause 4.8(1), the CTR is of no effect.
4.9 Objections to a CTR
(1) Subject to clause 4.9(4), a network operator must object to a CTR if one or more of the following
applies—
(a) the retailer does not comply with clause 4.4(1); or (b) information provided by the retailer in the CTR is inconsistent with the network operator’s records in respect of the contestable customer; or
4006 GOVERNMENT GAZETTE, WA 20 September 2016
(c) the meter type at the connection point is inconsistent with that required under a metering code before the contestable customer may transfer, and the CTR does not request a new meter; or (d) the nominated transfer date does not comply with clause 4.7; or (e) the CTR is not valid under clause 4.5(2) or 4.5(3). (2) A network operator must not otherwise object to a CTR. (3) If a network operator objects to a CTR under clause 4.9(1), it must within 2 business days after the
CTR was submitted, give an electronic notice to the retailer which submitted the CTR which—
(a) sets out all the reasons for the objection; and
(b) if clause 4.9(1)(a) applies—advises the retailer of the steps it needs to follow to enter into an access contract; and
(c) if clause 4.9(1)(b) applies—identifies the data that is inconsistent with the network operator’s data; and
(d) if clause 4.9(1)(c) applies—advises the retailer of the meter change required under the metering code and gives an estimate of the likely costs of doing so; and
(e) if clause 4.9(1)(d) applies—advises the retailer why the nominated transfer date does not comply with clause 4.7.
(4) A network operator may make reasonable endeavours to resolve with a retailer any potential
grounds for objection prior to objecting to the CTR.(5) If under clause 4.9(4) the potential grounds for objection have been successfully resolved then,
subject to clause 4.9(6), the CTR is—
(a) valid; and
(b) taken to have been submitted at the time the potential objection was resolved. (6) If (due to the time taken to resolve potential grounds for objection) the operation of clause 4.9(5)(b) would result in the original nominated transfer date not complying with clause 4.7, then the resolution of the potential grounds for objection must include an agreement on a revised nominated transfer date which complies with clause 4.7.
(7) If a network operator notifies a retailer of an objection to a CTR under clause 4.9(1), the CTR is of
no effect.
4.10 Network operator’s obligations following receipt of a valid CTR
(1) Following receipt of a valid CTR, but subject to clauses 4.10(2) and 4.10(3), the network operator
must—
(a) within 1 business day after it receives the CTR, electronically notify the current retailer of the nominated transfer date; and (b) ensure that any new meter installation and new service installation required to effect the transfer is undertaken on or before the nominated transfer date; and (c) ensure that either a scheduled meter read or a special meter read, as applicable, is conducted for the contestable customer on the nominated transfer date; and (d) otherwise use all reasonable endeavours to effect the transfer under this Part 4. (2) If the network operator considers that it is unlikely to be able to meet the obligations under clause
4.10(1) within the timetable required under clause 4.10(1), then, subject to clause 4.10(3)—
(a) the network operator must within 2 business days after receiving the CTR electronically notify the retailer which submitted the CTR of the reasons why the timetable will not be met and its proposed timetable for the transfer; and (b) the retailer which submitted the CTR may agree to the network operator’s proposed timetable for the transfer, in which case the agreed timetable applies; and
(c) if a timetable for the transfer agreed under clause 4.10(2)(b) involves a different nominated transfer date, the network operator must electronically notify the current retailer of the new nominated transfer date within 1 business day after agreement is reached under clause 4.10(2)(b); and (d) if the retailer which submitted the CTR does not agree to the timetable proposed by the network operator, then the network operator must, acting in good faith and in accordance with good electricity industry practice, endeavour to enable the transfer to occur on the retailer’s
nominated transfer date.
(3) If— (a) a retailer submits a CTR under clause 4.5; and
(b) the network operator has not allocated a NMI for the contestable customer’s connection point; and
(c) the network operator is unable to determine a single connection point to which the data request relates, then—
(d) the network operator must within 1 business day after receiving the CTR electronically notify the retailer of the connection points to which it is most likely that the CTR relates, up to a maximum of the 10 most likely connection points; and
20 September 2016 GOVERNMENT GAZETTE, WA 4007
(e) the network operator is not required to comply with clauses 4.10(1) and 4.10(2) in respect of the CTR. (4) If a current retailer receives a notice under clause 4.10(1)(a) or 4.10(2)(c) in circumstances where clause 4.12(1)(a)(ii) applies, then the current retailer must promptly forward the notice to the other person referred to in clause 4.12(1)(a)(ii).
4.11 The transfer
(1) A transfer may only occur on a day on which an actual value is obtained from the contestable
customer’s meter.
{Note: The actual read may comprise a special read or a scheduled read.}
(2) If the contestable customer’s meter is read on the nominated transfer date, the transfer occurs at
the start of the trading day on the nominated transfer date.
(3) If the contestable customer’s meter is not read on the nominated transfer date then—
(a) the network operator and the incoming retailer must work together to set a new nominated transfer date which (unless, subject to clause 4.7(c), the incoming retailer requests a later day) must be as close as practicable to the original nominated transfer date; and (b) the network operator must within 1 business day after the nominated transfer date electronically notify the current retailer—
(i) that the meter was not read on the nominated transfer date; and
(ii) of the new nominated transfer date agreed between the network operator and incoming retailer under clause 4.11(3)(a);
and
(c) this clause 4.11 applies afresh in respect of the new nominated transfer date agreed between the network operator and incoming retailer under clause 4.11(3)(a). (4) If a CTR is to reverse an erroneous transfer then the transfer occurs at the start of the trading day
on the date of the erroneous transfer.
4.12 Effect of a transfer on an access contract
{Note: The intention of this clause 4.12 is to—
provide a mechanism for the connection points specified in a retailer’s access contract to be automatically updated to accommodate a transfer; and
override any provisions in a retailer’s access contract which act to hinder or frustrate the transfer or are otherwise inconsistent with the objectives of this Code; and
allow other provisions in a retailer’s access contract which relate to the addition or removal of connection points to apply so long as these do not act to hinder or frustrate the transfer.}
(1) On and from the transfer time—
(a) if the person entitled under an access contract to transfer electricity from or to the network at the contestable customer’s connection point is—
(i) the previous retailer—the previous retailer’s access contract is by force of this Code amended to remove the contestable customer’s connection point; or
(ii) a person other than the previous retailer—subject to clause 4.12(1A), the other person’s
access contract is by force of this Code amended to remove the contestable customer’s
connection point;
and
(b) the incoming retailer’s access contract is by force of this Code amended to include the contestable customer’s connection point. (1A) If immediately before the transfer time the previous retailer had a contract with more than one
direct customer (where “direct customer” means a customer who is party to a contract with the
previous retailer for the supply of electricity transferred through the contestable customer’s connection
point), then the amendment in clause 4.12(1)(a)(ii) does not take effect until each direct customer
agrees in writing to the amendment.
(2) Clause 4.12(1) applies despite any provision to the contrary in an access contract or, if applicable,
an access arrangement, but if the access contract or access arrangement, provides a mechanism for, orconsequence of, the operation of clause 4.12(1), then the mechanism or consequence continues to
apply except to the extent that it—
(a) hinders or frustrates the operation of clause 4.12(1); or (b) is otherwise inconsistent with the objectives of this Code under clause 2.1. (3) The parties to the access contract must negotiate in good faith any necessary amendments to the access contract consequential to the amendments made by clause 4.12(1) and, if applicable, clause 4.12(2).
(4) If the parties cannot agree amendments under clause 4.12(3) within 10 business days after the
transfer, then—
(a) Part 7 applies; and
(b) the arbitrator when acting under Part 7 in connection with this clause 4.12 must, to the extent practicable in the circumstances, apply the principles which would be applied by the ‘arbitrator’ (as defined in the Access Code) when arbitrating an ‘access dispute’ (as defined in the Access Code) under the Access Code in respect of the same subject matter.
4008 GOVERNMENT GAZETTE, WA 20 September 2016 4.13 After the transfer The network operator must within 2 business days after the transfer date give an electronic notice of
the transfer and transfer date to—
(a) the incoming retailer; and
(b) the previous retailer; and
(c) if applicable, AEMO for the purposes of allowing AEMO to meet its obligations under the market rules. {Note: It is intended that the notice obligations under clause 4.13(c) and under the market rules may be
satisfied by the same notice.}4.14 Settlement
Following a transfer, the network operator and, if applicable, AEMO must do all that is necessary to
ensure that—
(a) charges up to the transfer time are paid by or charged to the previous retailer; and (b) charges from the transfer time are paid by or charged to the incoming retailer. 4.15 Rectifying an erroneous transfer
In relation to a transfer to reverse an erroneous transfer, all affected retailers, the network operator and, if applicable, AEMO must act in good faith to ensure that the rights and obligations of the affected contestable customer are as they would have been if the erroneous transfer had not occurred.
{Note: This clause 4.15 only applies to the rights and obligations of a contestable customer than has been transferred as a result of an erroneous transfer. It does not address the situation where a contestable customer should have been transferred but for some reason was not. In the latter case the prospective incoming retailer must submit a new CTR for the contestable customer under this Part 4.}
4.16 Incoming retailer must retain copy of verifiable consent
Unless the CTR is to reverse an erroneous transfer, an incoming retailer must keep a copy of a verifiable consent given to it by a contestable customer in relation to the lodgement of the CTR for 2 years after the date the verifiable consent was given.
4.17 Previous retailer must not bill past transfer time
Except in the case of an erroneous transfer, a previous retailer must not bill a contestable customer for charges incurred after the transfer time.
4.18 Charges for metering services
If a network operator must provide a metering service in connection with a CTR, the network operator may charge the retailer which submitted the CTR for the metering service if it is permitted to do so by, and in accordance with, the metering code.
PART 5—COMMUNICATION RULES
5.1 [Deleted]
5.2 Metering code’s communication rules apply
A network’s communication rules apply in respect of data and information communication between
the network operator and a retailer under this Code.
PART 6—NOTICES
6.1 Requirements for valid notice
To be a valid notice under this Code, a notice or other communication must be given in writing in
accordance with this Part 6 and—
(a) by post, to the recipient’s notified postal address; or (b) by facsimile, to the recipient’s notified facsimile number; or
(c) electronically, to the recipient’s notified electronic communication address.
6.2 Notices under Part 3 or Part 4 must identify connection point
A notice in relation to a data request or a CTR under Part 3 or Part 4 must identify the connection point to which it relates.
6.3 Network operators
(1) A network operator must use reasonable endeavours to ensure that a retailer can give it a notice by
each of the following means—
(a) post; and
(b) facsimile; and
(c) electronic communication,
and the network operator must notify the retailer of a telephone number for voice communication in
connection with this Code.
(2) A network operator must notify each retailer of its initial contact details, and of any change to its
contact details at least 3 business days before the change takes effect.
20 September 2016 GOVERNMENT GAZETTE, WA 4009 (3) If a retailer has not provided the network operator with its contact details, then the network operator may comply with clause 6.3(2) in respect of the retailer by placing a reasonably prominent advertisement in a newspaper which has circulation throughout the State.
6.4 Retailers
(1) If requested by a network operator with whom it has entered into an access contract, a retailer
must notify its contact details to the network operator within 3 business days after the request.
(2) A retailer must notify any change to contact details it notified to a network operator under clause6.4(1) at least 3 business days before the change takes effect.
6.5 Receipt
(1) A notice sent by post within Australia is deemed to have been received by the intended recipient 3
business days after it was sent.
(2) A notice sent by facsimile transmission which is transmitted—
(a) on or before 15:00 hours on a business day is deemed to have been received by the intended recipient on that business day; and (b) after 15:00 hours on a business day, or on a day which is not a business day, is deemed to have been received by the intended recipient on the first business day following the date of transmission, provided that the sender of the notice is able to produce a transmission report produced by the machine from which the facsimile was sent showing successful uninterrupted facsimile transmission of all pages of the relevant notice to the facsimile number of the intended recipient.
(3) A notice sent electronically is deemed to have been received by the intended recipient in
accordance with the communication rules.
6.6 Electronic communication
If under this Code a network operator or retailer must or may send a thing electronically, the network
operator or retailer must send that thing to the network operator’s notified electronic communication address or recipient’s notified electronic communication address, as applicable, in accordance with thecommunication rules.
PART 7—DISPUTE RESOLUTION
7.1 Dispute resolution procedures
(1) If any dispute or difference arises in respect of any matter under or in connection with this Code
(“dispute”) between—
(a) a network operator and a retailer or retailers; or
(b) a retailer and another retailer or retailers; or
(c) a network operator and AEMO; or
(d) a retailer or retailers and AEMO,
(“disputing parties”)
then (subject to clause 7.2(3)) representatives of the disputing parties must meet within 5 business days after a request by any of the disputing parties and attempt to resolve the dispute by negotiations
in good faith (“representative negotiations”).
(2) If the representative negotiations do not resolve the dispute within 10 business days after their first meeting, the dispute must (subject to clause 7.2(3)) be referred to the senior executive officer of each
disputing party who must attempt to resolve the dispute by negotiations in good faith (“CEO
negotiations”).
(3) If the dispute is resolved by representative negotiations or CEO negotiations, the disputing parties
must
(a) prepare a written record of the resolution and sign the record; and (b) adhere to the resolution.
7.2 Referral of disputes to the arbitrator
(1) If a dispute is not resolved within 20 business days after the dispute is referred to CEO negotiations, then any disputing party may by notice to each other disputing party refer the dispute to the arbitrator.
(2) A disputing party may request the arbitrator to conduct a dispute resolution before representative negotiations or CEO negotiations if the disputing party considers that the dispute is of an urgent nature.
(3) The arbitrator may deal with any request under clause 7.2(2) in its absolute discretion.
(4) The disputing party referring the dispute to the arbitrator must give notice to the arbitrator of the
nature of the dispute, including—
(a) the breach, act, omission or other circumstance forming the basis for the dispute; and (b) the provision within this Code or other basis for the dispute.
4010 GOVERNMENT GAZETTE, WA 20 September 2016 7.3 Informality and expedition (1) Subject to the rules of natural justice, the arbitrator must conduct a dispute resolution with as little formality and technicality, and with as much expedition, as the requirements of this Part 7, and a proper hearing and determination of the dispute, permit.
(2) The disputing parties must at all times conduct themselves in a manner which is directed towards
achieving the objective in clause 7.3(1).
7.4 Arbitrator may determine own procedures
Subject to the rules of natural justice, the arbitrator may from time to time specify procedures (either of general application or in respect of all or some part of a particular dispute) for a dispute resolution
including—
(a) the manner of any submissions by the disputing parties; and (b) whether, and if so the extent to which, legal representation is permitted; and (c) regulating the conduct of the disputing parties.
7.5 Powers of the arbitrator
Subject to the rules of natural justice, the arbitrator may—
(a) inform itself independently as to facts and if necessary technical matters to which the dispute relates; and (b) receive written submissions and sworn and unsworn written statements; and (c) consult with such other persons as the arbitrator thinks fit; and (d) take such measures as the arbitrator thinks fit to expedite the completion of the dispute resolution. 7.6 Orders which may be made
Subject to the Act and this Code, in determining a dispute the arbitrator may make any order which it considers expedient to justly dispose of the dispute.
7.7 Timing of dispute resolution
The arbitrator must make a determination of the dispute within 20 business days after its appointment or such further period as the disputing parties may agree. If any of the disputing parties considers that the dispute is of an urgent nature and needs to be resolved within a shorter period, then that disputing party may apply to the arbitrator, and the arbitrator may reduce the period of 20 business days to such lesser period as the arbitrator considers appropriate having regard to the interests of all disputing parties and this Code, being not less than 10 business days.
7.8 Written determination
The arbitrator must deliver a written determination which sets out the reasons for the determination and the findings of fact on which the determination is based.
7.9 Dispute resolution to be held in Perth
Unless the disputing parties agree otherwise, the dispute resolution must be held in Perth, Western
Australia.
7.10 Arbitrator’s finding is final
The findings of the arbitrator are final and binding on the disputing parties.
7.11 Costs of the arbitrator
(1) The arbitrator is, in relation to a dispute, entitled—
(a) to be paid for his or her work at the rate provided for in his or her conditions of office under the Energy Arbitration and Review Act 1998; and (b) to be reimbursed any expenses reasonably incurred in connection with the dispute. (2) The arbitrator may direct by whom and in what manner the whole or any part of the costs it is
entitled to recover under clause 7.11(1) are to be paid.
7.11A Arbitrator may withhold determination until payment made
The arbitrator may refuse to communicate his or her determination to the disputing parties, either orally or in writing, until the arbitrator has been paid the amount he or she is entitled to under clause 7.11(1).
7.11B Costs of disputing parties
(1) Subject to clause 7.11B(2), disputing parties bear their own costs in relation to the resolution of a
dispute.
(2) If the arbitrator is satisfied that a disputing party (“first party”) incurred costs in the resolution
of a dispute because of frivolous or vexatious conduct of, or unfounded submissions by, another
disputing party (“second party”), the arbitrator may determine that the second party must pay someor all of the first party’s costs.
(3) If the arbitrator makes a determination under clause 7.11B(2), the arbitrator must—
(a) decide the amount of costs the second party must pay to the first party, and the date by which the payment must be made; and (b) give reasons for its decision; and
(c) communicate the decision and reasons in writing to disputing parties.
20 September 2016 GOVERNMENT GAZETTE, WA 4011 7.12 Referral to the arbitrator does not affect the obligations of the parties
The referral of any matter to the arbitrator does not relieve any party from performing its obligations under this Code pending the determination of the dispute.
PART 8—CODE AMENDMENT
8.1 Amendment & review
(1) The Authority on its own initiative or in response to a proposal by a retailer, network operator or other interested person may recommend to the Minister an amendment to this Code, if the Authority considers the proposed amendment would better achieve the objectives of this Code under Part 2.
(2) The Authority must notify all retailers and network operators if it proposes to recommend an amendment to this Code, and provide an explanation of why it considers the amendment will better achieve some or all of the objectives of this Code under Par 2.
(3) Unless the Authority is satisfied on reasonable grounds that an amendment is urgently required,
the Authority must not recommend an amendment to this Code unless—
(a) retailers and network operators have been given a reasonable opportunity to make representations to the Authority concerning the proposed amendment; and (b) the Authority has taken those representations into account.
(4) Before recommending an amendment to this Code, the Authority may also seek representations from other interested persons, and if it does so, the Authority must have regard to those representations.
8.2 Other amendments
Nothing in this Part 8 limits—
(a) a person’s ability to propose a Code amendment to the Minister; or (b) the Minister’s discretion to propose, consider or make a Code amendment. PART 9—REPEAL OF ELECTRICITY INDUSTRY CUSTOMER TRANSFER CODE 2004
9.1 Repeal of Electricity Industry Customer Transfer Code 2004
The Electricity Industry Customer Transfer Code 2004 is repealed.
9.2 References to Electricity Industry Customer Transfer Code 2004
(1) A reference in an instrument to the Electricity Industry Customer Transfer Code 2004 should be
read as a reference to this Code, unless—
(a) if the instrument is a written law, the Interpretation Act 1984 (WA) requires otherwise; or (b) if the instrument is not a written law—
(i) express provision is made to the contrary; or
(ii) the intention of the instrument, or something in the subject or context of the instrument, is inconsistent with such reading.
ANNEX 1—REQUEST FOR STANDING DATA FORM
{See clause 3.1(a).}
A network operator’s request for standing data form must require a retailer to provide the following
information—
(a) either or both of the name and, if applicable, identification number or code of the retailer submitting the request for standing data; and (b) either
(i) if the network operator has not allocated a NMI for the connection point—the
contestable customer’s—
A. lot number and, if applicable, unit number; and
B. street number; and
C. street; and
D. suburb,
or
(ii) if the network operator has allocated a NMI for the connection point—the contestable
customer’s NMI and checksum.
{Note: Once a connection point has been assigned a NMI, all communication between the network operator and the retailer should be through reference to the NMI and the checksum associated with the NMI. This will reduce potential for errors. However, NMIs are not expected to be allocated to connection points until the implementation of the Metering Business System by Western Power. For this reason it is necessary to provide, as a transitional measure, for the retailer to provide the information outlined in Annex 1(b)(i) and equivalent provisions in the other Annexes.}
4012 GOVERNMENT GAZETTE, WA 20 September 2016 ANNEX 2—REQUEST FOR HISTORICAL CONSUMPTION DATA FORM
{See clause 3.1(1)(b).}
A network operator’s request for historical consumption data form must require a retailer to provide
the following information—
(a) either or both of the name and, if applicable, identification number or code of the retailer submitting the request for standing data; and (b) either—
(i) if the network operator has not allocated a NMI for the connection point—the
contestable customer’s—
A. name; and
B. lot number and, if applicable, unit number; and
C. street number; and
D. street; and
E. suburb; and
F. meter number(s),
or
(ii) if the network operator has allocated a NMI for the connection point—the contestable
customer’s NMI and checksum.
ANNEX 3—CUSTOMER TRANSFER REQUEST FORM
{See clause 4.1(1).}
A network operator’s CTR form must require a retailer to provide the following information—
(a) either or both of the name and, if applicable, identification number or code of the retailer submitting the CTR; and (b) either—
(i) if the network operator has not allocated a NMI for the connection point—the
contestable customer’s—
A. name; and
B. lot number and, if applicable, unit number; and
C. street number; and
D. street; and
E. suburb; and
F. meter number(s);
or
(ii) if the network operator has allocated a NMI for the connection point—the contestable
customer’s NMI and checksum; and
(c) the reason for the transfer, under clause 4.2(2) of this Code; and (d) either or both of the name and, if applicable, identification number or code of the retailer to whom the customer is to be transferred; and (e) the nominated transfer date, which must comply with clause 4.7 of this Code; and (f) whether a new meter is required to enable transfer, or for any other reason, and if so, a request for the installation of a particular type of suitable meter; and (g) estimated annual electricity consumption of the customer; and
(h) if applicable, details of the incoming retailer’s access contract to which the CTR is proposed to relate; and
(i) if applicable, the proposed network access pricing structure or arrangement to be agreed between the network operator and the retailer to apply for the customer to be transferred.
ANNEX 4—STANDING DATA AND HISTORICAL CONSUMPTION DATA
{See definitions of “standing data” and “historical consumption data” in clause 1.3.}
A4.1 Standing data
If a retailer submits a request for standing data to the network operator, the network operator must
provide, if available, the following information—
(a) NMI and its status (connected or disconnected); and
(b) full details of the address; and
(c) sub-station name; and
(d) distance from sub-station; and
(e) voltage; and
(f) distribution loss factor; and
(g) network tariff description; and
20 September 2016 GOVERNMENT GAZETTE, WA 4013 (h) meter type; and
(i) meter number(s); and
(j) last and next scheduled meter read date or day number; and (k) whether a new meter (or communications) is required under the metering code before the contestable customer may transfer. A4.2 Historical consumption data
If a retailer submits a request for historical consumption data to the network operator then—
(a) the network operator must provide, if available, metering data for the contestable customer for at least the previous 12 months (but nothing limits the parties’ ability to agree to a longer
period); and
(b) all data must be provided as interval data unless unavailable, in which case accumulation data must be provided; and (c) the type of data which must be provided under clause A4.2(a) is dependent on the capabilities of the meter at the connection point (for example, Peak/Off peak kWh, Peak/Off peak kW, All time kWh, kVAh, kVA). ANNEX 5—NMI DISCOVERY PROCEDURE
{See clause 3.3.}
A5.1 NMI discovery procedure
(1) This Annex 5 does not apply in respect of a network until a date notified by the network operator to
all relevant retailers and, if applicable, AEMO.(2) A retailer may under this Annex 5 request the network operator to provide, for each connection
point at a contestable customer’s premises, either—
(a) a NMI and checksum for the connection point; or
(b) notice that a NMI has not been allocated to the connection point. (3) A request made by a retailer under paragraph (2) may be made by reference to a—
(a) meter number(s); or
(b) street address.
(4) The network operator may reject a request under paragraph (2) if there is no contestable customer
at the address or supplied using the meter specified under paragraph (3).(5) A network operator must respond to a request under paragraph (2) from a retailer for a NMI and
checksum for an connection point within 1 business day after the retailer’s request.
(6) If a request made under paragraph (2) does not return a single NMI and checksum, the network
operator must provide most likely matches to the retailer up to a maximum of 99 likely matches.
(7) If a request made under paragraph (2) returns a single NMI and checksum, the network operator
must, unless otherwise advised by the retailer, provide the NMI and checksum for the relevantconnection point.
ANNEX 6—[DELETED]
———————————
0
0
0