Energy Operators (Regional Power Corporation) (Charges) Amendment By-laws 2023 (WA)

No judgment structure available for this case.

2048

GOVERNMENT GAZETTE, WA

27 June 2023

EN302
Energy Operators (Powers) Act 1979

Energy Operators (Regional Power Corporation) (Charges) Amendment
By-laws 2023
SL 2023/84

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

These by-laws are the Energy Operators (Regional Power
Corporation) (Charges) Amendment By-laws 2023.
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 2023.
3. By-laws amended

These by-laws amend the Energy Operators (Regional Power
Corporation) (Charges) By-laws 2006.
4. Schedules 1 and 2 replaced
Delete Schedules 1 and 2 and insert:

Schedule 1 — Supply charges

[bl. 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 $1.9720 per day; and
(b) a charge for metered consumption at the rate of —
(i) 30.6876 cents per unit for the first 1 650 units per day; and
(ii) 34.5992 cents per unit for all units exceeding 1 650 units per day.

27 June 2023 GOVERNMENT GAZETTE, WA 2049

(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 $1.7797 per day; and
(b) a charge for metered consumption at the rate of —
(i) 36.1484 cents per unit for the first 1 650 units per day; and
(ii) 30.6731 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 $1.1046 per day or, for multiple dwellings supplied through 1 metered
supply point, a fixed charge at the rate of —
(i) $1.1046 per day for the first dwelling; and
(ii) 43.9179 cents per day for each additional dwelling;

and

(b) a charge for metered consumption at the rate of 30.8120 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 $1.0660 per day; and
(b) a charge for metered consumption at the rate of —
(i)      24.9035 cents per unit for the first 20 units per day; and
(ii)      26.5704 cents per unit for the next 1 630 units per day; and
(iii)      25.3443 cents per unit for all units exceeding 1 650 units per day.

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GOVERNMENT GAZETTE, WA

27 June 2023

(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-B;

(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 $1.0513 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 38.9791 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 26.7120 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 $1.9492 per day; and
(b) a charge for metered consumption at the rate of —

27 June 2023 GOVERNMENT GAZETTE, WA 2051
(i)      32.1886 cents per unit for the first 20 units per day; and
(ii)      30.3335 cents per unit for the next 1 630 units per day; and
(iii)      34.1999 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
in clause 8(1) — a day that is in a peak period and
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 applicable peak 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 —

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GOVERNMENT GAZETTE, WA

27 June 2023

(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 a peak 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 allowance
consumption
charge
MyPower $1.208232 $0.100000 1.5 units
residential per day per unit per hour
1.5 fixed
plan price
MyPower $2.614571 $0.100000 3 units
residential per day per unit per hour
3 fixed plan
price

27 June 2023 GOVERNMENT GAZETTE, WA 2053

Tariff Rate of fixed Rate of Peak
name charge metered allowance
consumption
charge
MyPower $5.290679 $0.100000 5 units
residential per day per unit per hour
5 fixed plan
price
MyPower $8.713957 $0.100000 7 units
residential per day per unit per hour
7 fixed plan
price
MyPower $13.154094 $0.100000 10 units
residential per day per unit per hour
10 fixed
plan price
MyPower $26.785995 $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 4th 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

(1) 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.

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GOVERNMENT GAZETTE, WA

27 June 2023

(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 a peak 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 allowance
consumption
charge
MyPower $2.939720 per $0.100000 3 units
non-reside day per unit per hour
ntial
3 fixed
plan price
MyPower $6.911214 per $0.100000 5 units
non-reside day per unit per hour
ntial
5 fixed
plan price
MyPower $12.337059 $0.100000 7 units
non-reside per day per unit per hour
ntial
7 fixed
plan price
MyPower $18.319169 $0.100000 10 units
non-reside per day per unit per hour
ntial
10 fixed
plan price
MyPower $28.178562 $0.100000 15 units
non-reside per day per unit per hour
ntial
15 fixed
plan price
MyPower $42.392975 $0.100000 20 units
non-reside per day per unit per hour
ntial
20 fixed
plan price

27 June 2023 GOVERNMENT GAZETTE, WA 2055

Tariff Rate of fixed Rate of Peak
name charge metered allowance
consumption
charge
MyPower $43.624580 $0.100000 25 units
non-reside per day per unit per hour
ntial
25 fixed
plan price
MyPower $60.051012 $0.100000 30 units
non-reside per day per unit per hour
ntial
30 fixed
plan price
MyPower $64.079763 $0.100000 35 units
non-reside per day per unit per hour
ntial
35 fixed
plan price
MyPower $87.529342 $0.100000 40 units
non-reside per day per unit per hour
ntial
40 fixed
plan price
MyPower $121.101439 $0.100000 50 units
non-reside per day per unit per hour
ntial
50 fixed
plan price

(5) Without limiting subclause (3)(b), if a consumer to whom
electricity is supplied at premises at a MyPower
non-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 4th 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 MyPower tariffs

(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).

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(2) The consumer must —

(a) download and maintain the corporation’s mobile
application (as provided by the corporation from
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

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

Division 1 — Street lighting

Item Wattage Type Midnight 1.15 am Switch-off Dawn Switch-off

Switch-off cents per day cents per day
(Obsolescent)
cents per day

Street lighting on current offer and for existing services

Z.01 50 Mercury vapour 58.6881 59.8393 64.1308
Z.02 80 Mercury vapour 64.4156 65.8049 71.4395
Z.03 125 Mercury vapour 72.9941 75.2517 83.6507
Z.07 250 Mercury vapour 86.5374 90.6815 106.2839
Z.10 400 Mercury vapour 99.3749 103.6722 135.7478
Z.13 150 High pressure 72.8359 75.2635 86.0759
sodium
Z.15 250 High pressure 89.0592 93.5399 110.6437
sodium

Z.18 per kW Auxiliary Not applicable Not applicable 322.5459
lighting in public
places

Z.59 66 LED 59.9260 61.1030 64.7935
Z.60 132 LED 73.0455 76.0219 88.8773
Z.61 198 LED 75.4287 79.2986 96.0257
Z.62 25 LED 57.1655 57.6782 58.8497
Z.63 120 LED 68.1228 69.9471 78.1496
Z.64 180 LED 75.2792 79.1114 95.6778
Z.65 18 LED 56.1222 56.3979 56.6945
Z.66 20 LED 56.2936 56.6084 57.0487
Z.67 53 LED 59.3816 60.4304 63.6331
Z.68 80 LED 60.5733 61.9027 66.1734
Z.69 160 LED 70.0478 72.3227 82.3447
Street lighting for existing services only

Z.52 100 Incandescent 43.5685 45.2017 49.7633
Z.56 40 Fluorescent 57.0620 57.8454 60.7466

27 June 2023 GOVERNMENT GAZETTE, WA 2057
Division 2 — Miscellaneous
1.              Traffic light installation

Supply of electricity to traffic light installations comprises a
charge of $8.4605 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 72.0146 cents per day.
3.              Railway crossing

Supply of electricity to standard railway crossing lights
comprises a charge of 92.0299 cents per day.

5. Schedule 3 amended
In Schedule 3 delete “16.89” and insert:
17
6. Schedule 4 replaced
Delete Schedule 4 and insert:
Schedule 4 — Fees

[bl. 7]

Description of fee Amount
1.        Non-refundable account establishment fee payable on

the establishment or transfer of an account .................... $25.21
2.        Three phase residential installation — new installation
of three phase meter or replacement of single phase

meter with three phase meter ......................................... $960.00
3.        Temporary supply connection —

(a) single phase (overhead) ...................................... $960.00
(b) three phase (overhead) ........................................ $960.00
4.        Meter testing —

(a) standard meter testing fee ................................... $259.70
(b) reduced meter testing fee .................................... $162.20
5.        Disconnection of overhead service leads following

unauthorised reconnection ............................................. $642.11
6.

Overdue account notices ................................................ $6.09
7. Rejected account payment (where payment made

through Australia Post) .................................................. $28.89

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GOVERNMENT GAZETTE, WA

27 June 2023

Description of fee Amount

8. A transaction fee where a consumer makes a payment The

to the corporation by means of a credit card or debit permitted
card surcharge
for the
payment

9. Remote configurations ................................................... $27.63
10. Meter damage fee ........................................................... $894.00
11. Remote connection or disconnection ............................. $6.52
12. Paper bill fee .................................................................. $1.26
13. Over-the-counter payment fee ........................................ $2.67

The Common Seal of the ) [LS]
Regional Power Corporation )
was affixed to these )
by-laws in the presence of — )
SAMANTHA TOUGH, Director.
KRYSTAL SKINNER, Executive Officer.
———————————

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Energy Operators (Regional Power Corporation) (Charges) Amendment By-laws 2023 (WA)

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

(a)	a fixed charge at the rate of $1.9720 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 $1.7797 per day; and
(b)	a charge for metered consumption at the rate of —

(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.

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

(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 $1.0660 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-B;
(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 $1.0513 per day; and
(b)	if under subclause (3) there is taken to be more than

a charge of 38.9791 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 26.7120 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.

(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 $1.9492 per day; and
(b)	a charge for metered consumption at the rate of —

(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);

1 December in a year and ending on 30 April in the following year; or
(b)	in relation to electricity supplied on the Esperance

(2)	For the purposes of this Division, a consumer to whom electricity is supplied at premises at a MyPower tariff *exceeds the applicable peak 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 —

(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.

(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 a peak period.

Tariff	Rate of fixed	Rate of	Peak
name	charge	metered	allowance
consumption
charge
MyPower	$1.208232	$0.100000	1.5 units
residential	per day	per unit	per hour
1.5 fixed
plan price
MyPower	$2.614571	$0.100000	3 units
residential	per day	per unit	per hour
3 fixed plan
price

(1)	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.