On 8 November 2018, the AEMC made the National Electricity Amendment (Minor changes 2) Rule 2018 No. 11 and the National Energy Retail Amendment (Minor changes 2) Rule 2018 No. 5. These Rules were made by the AEMC to correct minor errors and make non-material changes to the National Electricity Rules (NER) and the National Energy Retail Rules (NERR).

The Commission considers that the final Rules will improve the quality of the NER and NERR in terms of accuracy and consistency. The Commission considers that the final Rules are likely to contribute to the achievement of the NEO and the NERO (as applicable).

The final Rules support effective and transparent regulation and operation of the NEM and  retail energy markets respectively, by clarifying the operation of the Rules in the following ways:

1. correct minor errors that currently exist in the National Energy Rules (NER) and National Energy Retail Rules (NERR) or will arise on commencement of schedules to certain amending rules;
2. make non-material changes to the NER and NERR to clarify the intent of those rules and reflect the policy intent of the Commission; and
3. insert notes in the Rules indicating new civil penalty and conduct provisions as made by the National Electricity (South Australia) (Civil Penalties) Variation Regulations 2017, National Energy Retail (Civil Penalties) Variation Regulations 2017 and the National Gas (South Australia)(Civil Penalties) Variation Regulations 2017.

Background

On 4 October 2018, the AEMC gave notice under sections 95 and 96(1)(a) of the National Electricity Law and 251 and 252(1)(a) of the National Energy Retail Law of its intention to initiate the proposed National Electricity Amendment (Minor changes 2) Rule 2018 and the National Energy Retail Amendment (Minor changes 2) Rule 2018 under the expedited Rule making process.

The Commission invited submissions on the Rule change proposal by 1 November 2018. The commission received two submissions on the Rule change proposal – one from Origin Energy received on 31 October 2018, and one from Alinta Energy received on 1 November 2018.