Energy Operators (Regional Power Corporation) (Charges) Amendment By-laws 2022 (WA)

No judgment structure available for this case.

3144

GOVERNMENT GAZETTE, WA

3 June 2022

EN302
Energy Operators (Powers) Act 1979

Energy Operators (Regional Power
Corporation) (Charges) Amendment
By-laws 2022
SL 2022/71

Made by the Regional Power Corporation with the approval of the
Governor in Executive Council.
1. Citation

Corporation) (Charges) By-laws 2006.
These by-laws are the Energy Operators (Regional Power
Corporation) (Charges) Amendment By-laws 2022.
2. Commencement
These by-laws come into operation as follows —

(a)

by-laws 1 and 2 — on the day on which these by-laws are published in the Gazette;
(b) the rest of the by-laws — on 1 July 2022.

3. By-laws amended

These by-laws amend the Energy Operators (Regional Power

3 June 2022 GOVERNMENT GAZETTE, WA 3145
4. By-law 4 amended

(1) In by-law 4(1A) insert in alphabetical order:
government consumer -

(a)

means a Cononwealth, State or foreign government department, instrumentality, agency or trading concern; but
(b) does not include -

(1) a local government, regional local
government or regional subsidiary; or
an incorporated company or any other
body corporate that a local government
forms, takes part in forming or acquires
a controlling interest in in compliance
with the Local Government Act 1995
section 3.60;

(2) In by-law 4(2A) delete the passage that begins with "North
West interconnected system" and ends with "section 3.60)." and
insert:
North West interconnected system to a government consumer.
5. By-law 6 amended
In by-law 6(2)(c) delete "the residential" and insert:
a residential
6. Schedules 1 and 2 replaced

Delete Schedules 1 and 2 and insert: Schedule 1 - Supply charges

[bI. 3,4(1) and 10(1)]

Division 1 - Tariffs other than MyPower tariffs
1. Tariff L2 (general supply— low/medium voltage tariff)

(1) Tariff L2 is available for low/medium voltage supply.
(2) Tariff L2 comprises -

(a) a fixed charge at the rate of $1.9239 per day; and
(b) a charge for metered consumption at the rate of -

(1) 29.9391 cents per unit for the first
1 650 units per day; and

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GOVERNMENT GAZETTE, WA

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(ii) 33.7553 cents per unit for all units exceeding 1 650 units per day.

(3) Tariff L2 is available subject to the condition that the consumer satisfies the corporation that the amount of electricity supplied to the consumer's premises will be less
than 50 MW hours per annum.
2. Tariff L4 (general supply— low/medium voltage tariff)

(1) Tariff L4 is available for low/medium voltage supply.
(2) Tariff L4 comprises -

(a) a fixed charge at the rate of $1.8488 per day; and
(b) a charge for metered consumption at the rate of -

(i) 37.5529 cents per unit for the first
1 650 units per day; and
31.8648 cents per unit for all units
exceeding 1 650 units per day.

(3) Tariff L4 is available subject to the condition that the consumer satisfies the corporation that the amount of electricity supplied to the consumer's premises will be 50 MW hours or more per annum.
3. Tariff A2 (residential tariff)

(1) Tariff A2 is available for residential use only.
(2) Tariff A2 comprises -

(a) a fixed charge at the rate of $1.0777 per day or, for
multiple dwellings supplied through 1 metered
supply point, a fixed charge at the rate of—
(i) $1.0777 per day for the first dwelling; and
(ii) 42.8467 cents per day for each additional dwelling;

and

(b) a charge for metered consumption at the rate of
30.0605 cents per unit.
4. Tariff C2 (special community service tariff)

(1) Tariff C2 is available for small voluntary and charitable
organisations, subject to the conditions listed in
subclause (3).
(2) Tariff C2 comprises -

(a) a fixed charge at the rate of $1.0399 per day; and
(b) a charge for metered consumption at the rate of -

(i)
per day; and
25.9223 cents per unit for the next
1 630 units per day; and
24.2961 cents per unit for the first 20 units exceeding 1 650 units per day.

3 June 2022 GOVERNMENT GAZETTE, WA 3147

(3) Tariff C2 is available subject to the following conditions -

(a)

the consumer must be a direct customer of the corporation;

(b)

the consumer must be a voluntary, non-profit making organisation;

(c)

the consumer must be endorsed as exempt from income tax under the Income Tax Assessment Act 1997 (Commonwealth) Subdivision 50-13;

(d)

the consumer must provide a public service, which is available to any member of the public without discrimination;

(e)

the consumer must not be a Commonwealth, State or local government department, instrumentality or agency;

(f)

the consumer must not receive the major part of its funding from any entity mentioned in paragraph (e).

(4) A consumer seeking supply under Tariff C2 must make an
application to the corporation in writing accompanied by
evidence which clearly demonstrates that the consumer
meets all the conditions listed in subclause (3).
5. Tariff D2 (special tariff for certain premises)

(1) Tariff D2 is available for premises wholly used by a
charitable or benevolent organisation for providing
residential accommodation other than for commercial gain,
being premises for which Tariff A2 is not available.
(2) Tariff D2 comprises -

(a) a fixed charge at the rate of $1.0257 per day; and

(b)

if under subclause (3) there is taken to be more than 1 equivalent domestic residence in the premises - a charge of 38.0284 cents per day for each
equivalent domestic residence except the first that is
taken to be in the premises; and

(c) a charge for metered consumption at the rate of
26.0605 cents per unit.

(3) The number of equivalent domestic residences taken to be in
particular premises is ascertained by dividing the facility's
total bed capacity by 5 and, where the quotient is not a
whole number, by increasing it to the next highest whole
number.
6. Tariff K2 (general supply with residential tariff)

(1)

Tariff K2 is available for premises where the circuit wiring is not separate and the electricity is used partly for general purposes and partly for residential purposes.
(2) Tariff K2 comprises -

(a) a fixed charge at the rate of $1.9017 per day; and
(b) a charge for metered consumption at the rate of -

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(i)     3 1.4035 cents per unit for the first 20 units per day; and
(ii)      29.5937 cents per unit for the next
1 630 units per day; and
(iii)     33.3658 cents per unit for all units exceeding 1 650 units per day.

Division 2— MyPower tariffs

7. Terms used

(1) In this Division—
Esperance network means the electricity network operated
by the corporation that supplies electricity to the towns of
Esperance, Norseman, Hopetoun, Sandstone and Menzies
and surrounding areas;
MyPower tariff means -

(a)

a MyPower residential tariff as defined in clause 8(1); or

(b)

a MyPower non-residential tariff as defined in clause 9(1);
peak day means -

(a)
in relation to a MyPower residential tariff as defined is not a Saturday, a Sunday or a public holiday in the place in which the relevant premises to which electricity is supplied are situated; or

(b)

in relation to a MyPower non-residential tariff as defined in clause 9(1) - a day that is in a peak period and is not a public holiday in the place in which the relevant premises to which electricity is supplied are situated;
peak period means -

(a)

in relation to electricity supplied otherwise than as described in paragraph (b) - a period beginning on

1 December in a year and ending on 30 April in the
following year; or

(b) in relation to electricity supplied on the Esperance network - a period beginning on 1 July in a year and ending on 31 March in the following year, but excluding the months of September, October,
November and December;

peak time means a period beginning at 1 pm and ending at
8 pm.

(2) For the purposes of this Division, a consumer to whom
electricity is supplied at premises at a MyPower tariff
exceeds the applicablepeak allowance in relation to the
tariff if, on a peak day, the consumer consumes more
electricity at those premises during 1 or more hours in a
peak time than the applicable peak allowance for the tariff,
unless -

3 June 2022 GOVERNMENT GAZETTE, WA 3149

(a) on the relevant day, electricity has been supplied to the consumer at the premises at a MyPower tariff for 14 or fewer continuous days; or
(b) the corporation considers that on the relevant day the consumer was affected by an emergency event (for example, a cyclone or bushfire).
8. MyPower residential tariffs

(1) Each tariff determined under this clause (a MyPower
residential tariff) is available in relation to the supply of
electricity to premises only -

(a) for residential use; and

(b)

if, before 1 July 2022, the consumer elected to be supplied electricity at the premises at the MyPower residential tariff (subject to subclause (5)); and

(c)

if, since the consumer made the election, electricity has not been supplied to the premises at a tariff other than a MyPower residential tariff.

(2) Each MyPower residential tariff comprises the following
charges -

(a) a fixed charge at the applicable rate; and

(b)

a charge for metered consumption at the applicable rate.

(3) Each MyPower residential tariff is available subject to the
following conditions -

(a)

the consumer must satisfy the eligibility criteria set out in clause 10;

(b)

the consumer must not exceed the applicable peak allowance at the relevant premises on 4 or more peak days in apeak period.

(4)

For each MyPower residential tariff, the applicable rates of the fixed charge and metered consumption charge, and the applicable peak allowance, are to be determined under the

Table.

Table

Tariff Rate of fixed Rate of Peak
name charge metered allo vance
consumption
charge
MyPower $1.178763 $0.100000 1.5 units
residential per day per unit per hour
1.5 fixed
plan price
MyPower $2.550801 $0.100000 3 units
residential per day per unit per hour
3 fixed plan
price

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GOVERNMENT GAZETTE, WA

3 June 2022

Tariff Rate of fixed Rate of le ak
name charge metered allowance
consumption
charge
MyPower $5.161638 $0.100000 5 units
residential per day per unit per hour
5 fixed plan
price
MyPower $8.501422 $0.100000 7 units
residential per day per unit per hour
7 fixed plan
price
MyPower $12.833262 $0.100000 10 units
residential per day per unit per hour
10 fixed
plan price
MyPower $26.132678 $0.100000 15 units
residential per day per unit per hour
15 fixed
plan price

(5) Without limiting subclause (3)(b), if a consumer to whom electricity is supplied at premises at a MyPower residential tariff (the original tariff) has exceeded the applicable peak allowance for the original tariff at those premises on 4 or
more peak days in a peak period, on and from the day after

the of those days the corporation may instead supply
electricity to the consumer at the premises at the MyPower
residential tariff (if any) that is immediately below the
original tariff in the Table to subclause (4) (and the
applicable peak allowance is adjusted accordingly).
9. MyPower non-residential tariffs

(I) Each tariff determined under this clause (a MyPower
non-residential tariff) is available in relation to the supply
of electricity to premises only -

(a) for non-residential use; and

(b)

if, before 1 July 2022, the consumer elected to be supplied electricity at the premises at the MyPower non-residential tariff (subject to subclause (5)); and

(c)

if, since the consumer made the election, electricity has not been supplied to the premises at a tariff other than a MyPower non-residential tariff.

(2) Each MyPower non-residential tariff comprises the
following charges -

(a) a fixed charge at the applicable rate; and

(b)

a charge for metered consumption at the applicable rate.

3 June 2022 GOVERNMENT GAZETTE, WA 3151

(3) Each MyPower non-residential tariff is available subject to
the following conditions -

(a)

the consumer must satisfy the eligibility criteria set out in clause 10;

(b)

the consumer must not exceed the applicable peak allowance at the relevant premises on 4 or more peak days in apeak period.

(4) For each MyPower non-residential tariff, the applicable
rates of the fixed charge and metered consumption charge,
and the applicable peak allowance, are to be determined
under the Table.
Table

Tariff Rate of fixed Rate of Peak
name charge metered allo vance
consumption
charge
MyPower $2.868020 per $0.100000 3 units
non- day per unit per hour
residential
3 fixed
plan price
MyPower $6.742648 per $0.100000 5 units
non- day per unit per hour
residential
5 fixed
plan price
MyPower $12.036155 $0.100000 7 units
non- per day per unit per hour
residential
7 fixed
plan price

MyPower $17.872360 $0.100000 10 units
non- per day per unit per hour
residential
10 fixed
plan price
MyPower $27.491280 $0.100000 15 units
non- per day per unit per hour
residential
15 fixed
plan price
MyPower $44.040074 $0.100000 20 units
non- per day per unit per hour
residential
20 fixed
plan price

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Tariff Rate of fixed Rate of le ak
name charge metered allowance
consumption
charge
MyPower $45.319531 $0.100000 25 units
non- per day per unit per hour
residential
25 fixed
plan price
MyPower $62.384180 $0.100000 30 units
non- per day per unit per hour
residential
30 fixed
plan price
MyPower $66.569461 $0.100000 35 units
non- per day per unit per hour
residential
35 fixed
plan price
MyPower $90.930129 $0.100000 40 units
non- per day per unit per hour
residential
40 fixed
plan price
MyPower $125.806606 $0.100000 50 units
non- per day per unit per hour
residential
50 fixed
plan price

(5) Without limiting subclause (3)(b), if a consumer to whom
electricity is supplied at premises at a MyPower

applicable peak allowance for the original tariff at those non-residential tariff (the original tariff) has exceeded the premises on 4 or more peak days in a peak period, on and
from the day after the 4" of those days the corporation may instead supply electricity to the consumer at the premises at the MyPower non-residential tariff (if any) that is
immediately below the original tariff in the Table to
subclause (4) (and the applicable peak allowance is adjusted
accordingly).
10. Eligibility criteria for MyPowertariffs

(1) This clause sets out the eligibility criteria that apply to
MyPower tariffs for the purposes of clauses 8(3)(a)
and 9(3)(a).
(2) The consumer must -

(a)

download and maintain the corporation's mobile application (as provided by the corporation from

3 June 2022 GOVERNMENT GAZETTE, WA 3153
time to time) on the consumer's mobile phone or
another device; or

(b) create and maintain an account on the corporation's
online consumer facility (as provided by the
corporation from time to time).

(3) The consumer must agree to receive and remain capable of
receiving -

(a)

text message alerts from the corporation at a mobile phone number nominated by the consumer; and

(b)

bills from the corporation at an email address nominated by the consumer.
Schedule 2- Unmetered supply

[bI. 4(2) and (3)]

Division I - Street lighting

It W attge I\ Midnight 1.15 am Switch-off Dawn Switch-off
Switch-off Cents per day Cents perday
(Obsolescent) Cents per day
Street lighting on current offer and for existing services

Z.01 50 Mercury vapour 55.4184 56.5055 60.5579

Z.02 80 Mercury vapour 60.8268 62.1387 67.4594

Z.03 125 Mercury vapour 68.9273 71.0592 78.9903
Z.07 250 Mercury vapour 81.7161 85.6294 100.3625
Z.10 400 Mercury vapour 93.8384 97.8963 128.1849
Z.13 150 High pressure 68.7780 71.0703 81.2804
sodium
Z.15 250 High pressure 84.0974 88.3285 104.4795
sodium
Z. 18 perkW Auxiliary Not applicable Not applicable 304.5760
lighting in
public places
Z.59 66 LED 56.5873 57.6988 61.1836
Z.60 132 LED 68.9760 71.7865 83.9256

Z.61 198 LED 71.2263 74.8806 90.6758
Z.62 25 LED 53.9806 54.4648 55.5710
Z.63 120 LED 64.3275 66.0501 73.7957
Z.64 180 LED 71.0852 74.7039 90.3473
Z.65 18 LED 52.9954 53.2558 53.5358
Z.66 20 LED 53.1574 53.4546 53.8704
Z.67 53 LED 56.0733 57.0637 60.0879
Z.68 80 LED 57.1986 58.4539 62.4867
Z.69 160 LED 66.1452 68.2934 77.7571
Street lightingfor existingservices only

Z.52 100 Incandescent 41.1412 42.6834 46.9908
Z.56 40 Fluorescent 53.8829 54.6227 57.3622

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3 June 2022

Division 2— Miscellaneous

1.             Traffic light installation
Supply of electricity to traffic light installations comprises a charge of $8.1304 per day per kW of installed wattage.
2.              Public telephone facility
Supply of electricity to a standard public telephone facility where supply is not independently metered comprises a charge of 69.3048 cents per day.
3.             Railway crossing
Supply of electricity to standard railway crossing lights comprises a charge of 88.5669 cents per day.

7. Schedule 3 amended
In Schedule 3 delete "16.60" and insert:
16.89
8. Schedule 4 replaced
Delete Schedule 4 and insert:

Schedule 4—Fees

[hI. 7 1

Description of fee .Im)UIt
1. Non-refundable account establishment fee payable on the

establishment or transfer of an account $24.42

2.       Three phase residential installation - new installation of
three phase meter or replacement of single phase meter

with three phase meter $930.00
3.       Temporary supply connection -

(a) single phase (overhead) $930.00
(b) three phase (overhead) $930.00
4.        Meter testing —

(a) standard meter testing fee $251.53
(b) reduced meter testing fee $157.10
5.        Disconnection of overhead service leads following

unauthorised reconnection $621.90
6.

Overdue account notices $5.90

7. Rejected account payment (where payment made through

Australia Post) $27.98

3 June 2022 GOVERNMENT GAZETTE, WA 3155

Description of fee Amount

8. A transaction fee where a consumer makes a payment to The
the corporation by means of a credit card or debit card permitted
surcharge
for the
payment
9. Remote configurations $26.76
10. Meter damage fee $865.89
11. Remote connection or disconnection $6.31
12. Paper bill fee $1.22
13. Over-the-counter payment fee $2.59
The Common Seal of the
Regional Power Corporation

was affixed to these [LS]
by-laws in the presence of—
SANDRA DI BARTOLOMEO, Director.
FRANK van der KOOY, Executive Officer.

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Energy Operators (Regional Power Corporation) (Charges) Amendment By-laws 2022 (WA)

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(a)	by-laws 1 and 2 — on the day on which these by-laws are published in the Gazette;
(b)	the rest of the by-laws — on 1 July 2022.

(a)	means a Cononwealth, State or foreign government department, instrumentality, agency or trading concern; but
(b)	does not include -

(2)	In by-law 4(2A) delete the passage that begins with *"North* *West interconnected system"* and ends with "section 3.60)." and insert:
North West interconnected system to a government consumer.

(1)	Tariff L2 is available for low/medium voltage supply.
(2)	Tariff L2 comprises -

(a)	a fixed charge at the rate of $1.9239 per day; and
(b)	a charge for metered consumption at the rate of -

(3)	Tariff L2 is available subject to the condition that the consumer satisfies the corporation that the amount of electricity supplied to the consumer's premises will be less
than 50 MW hours per annum.

(1)	Tariff L4 is available for low/medium voltage supply.
(2)	Tariff L4 comprises -

(a)	a fixed charge at the rate of $1.8488 per day; and
(b)	a charge for metered consumption at the rate of -

(1)	Tariff A2 is available for residential use only.
(2)	Tariff A2 comprises -

(b)	a charge for metered consumption at the rate of
30.0605 cents per unit.

(1)	Tariff C2 is available for small voluntary and charitable organisations, subject to the conditions listed in subclause (3).
(2)	Tariff C2 comprises -

(a)	a fixed charge at the rate of $1.0399 per day; and
(b)	a charge for metered consumption at the rate of -

(a)	the consumer must be a direct customer of the corporation;
(b)	the consumer must be a voluntary, non-profit making organisation;
(c)	the consumer must be endorsed as exempt from income tax under the Income Tax Assessment Act 1997 (Commonwealth) Subdivision 50-13;
(d)	the consumer must provide a public service, which is available to any member of the public without discrimination;
(e)	the consumer must not be a Commonwealth, State or local government department, instrumentality or agency;
(f)	the consumer must not receive the major part of its funding from any entity mentioned in paragraph (e).

(1)	Tariff D2 is available for premises wholly used by a charitable or benevolent organisation for providing residential accommodation other than for commercial gain, being premises for which Tariff A2 is not available.
(2)	Tariff D2 comprises -

(a)	a fixed charge at the rate of $1.0257 per day; and
(b)	if under subclause (3) there is taken to be more than 1 equivalent domestic residence in the premises - a charge of 38.0284 cents per day for each
equivalent domestic residence except the first that is taken to be in the premises; and

(c)	a charge for metered consumption at the rate of
26.0605 cents per unit.

(1)	Tariff K2 is available for premises where the circuit wiring is not separate and the electricity is used partly for general purposes and partly for residential purposes.
(2)	Tariff K2 comprises -

(a)	a fixed charge at the rate of $1.9017 per day; and
(b)	a charge for metered consumption at the rate of -

(a)	a MyPower residential tariff as defined in clause 8(1); or
(b)	a MyPower non-residential tariff as defined in clause 9(1);

(a)	on the relevant day, electricity has been supplied to the consumer at the premises at a MyPower tariff for 14 or fewer continuous days; or
(b)	the corporation considers that on the relevant day the consumer was affected by an emergency event (for example, a cyclone or bushfire).

(1)	Each tariff determined under this clause (a *MyPower*
*residential tariff)* is available in relation to the supply of
electricity to premises only -

(a)	for residential use; and
(b)	if, before 1 July 2022, the consumer elected to be supplied electricity at the premises at the MyPower residential tariff (subject to subclause (5)); and
(c)	if, since the consumer made the election, electricity has not been supplied to the premises at a tariff other than a MyPower residential tariff.

(a)	a fixed charge at the applicable rate; and
(b)	a charge for metered consumption at the applicable rate.

(a)	the consumer must satisfy the eligibility criteria set out in clause 10;
(b)	the consumer must not exceed the applicable peak allowance at the relevant premises on 4 or more peak days in apeak period.

Tariff	Rate of fixed	Rate of	Peak
name	charge	metered	allo vance
consumption charge
MyPower	$1.178763	$0.100000	1.5 units
residential	per day	per unit	per hour
1.5 fixed
plan price
MyPower	$2.550801	$0.100000	3 units
residential	per day	per unit	per hour
3 fixed plan price

Tariff	Rate of fixed	Rate of	le ak
name	charge	metered	allowance
consumption charge
MyPower	$5.161638	$0.100000	5 units
residential	per day	per unit	per hour
5 fixed plan price
MyPower	$8.501422	$0.100000	7 units
residential	per day	per unit	per hour
7 fixed plan price
MyPower	$12.833262	$0.100000	10 units
residential	per day	per unit	per hour
10 fixed plan price
MyPower	$26.132678	$0.100000	15 units
residential	per day	per unit	per hour
15 fixed plan price

(a)	for non-residential use; and
(b)	if, before 1 July 2022, the consumer elected to be supplied electricity at the premises at the MyPower non-residential tariff (subject to subclause (5)); and
(c)	if, since the consumer made the election, electricity has not been supplied to the premises at a tariff other than a MyPower non-residential tariff.

MyPower	$17.872360	$0.100000	10 units
non-	per day	per unit	per hour
residential 10 fixed plan price
MyPower	$27.491280	$0.100000	15 units
non-	per day	per unit	per hour
residential 15 fixed plan price
MyPower	$44.040074	$0.100000	20 units
non-	per day	per unit	per hour
residential 20 fixed plan price

(1)	This clause sets out the eligibility criteria that apply to MyPower tariffs for the purposes of clauses 8(3)(a) and 9(3)(a).
(2)	The consumer must -

(a)	text message alerts from the corporation at a mobile phone number nominated by the consumer; and
(b)	bills from the corporation at an email address nominated by the consumer.