Australian Capital Territory
Utilities (Electricity Feed-in Code) Determination 2009
Disallowable instrument DI2009–23
made under the  
Utilities Act 2000, s 59 (Determined codes) and s 63 (Public access)

1	Name of instrument
This instrument is the Utilities (Electricity Feed-in Code) Determination 2009.
2	Commencement 
This instrument commences on the day after it is notified.
3	Approval of code
The Commission determines the Electricity Feed-in Code set out in the attachment.
4	Public access to documents
Copies of the Electricity Feed-in Code are available for inspection by members of the public between 9:00 am and 5:00 pm, Monday to Friday, at the Commission’s offices at Level 2, 12 Moore Street, Civic ACT, and on the Commission’s website (www.icrc.act.gov.au). Copies of these documents can be made at the Commission’s offices. Electronic copies are available on request. No charge will apply.

Paul Baxter
Senior Commissioner
Independent Competition and Regulatory Commission

27 February 2009

 ICRC
Independent Competition and Regulatory Commission
	
	ELECTRICITY FEED-IN CODE

Determined 27 February 2009	

Contents
1.	INTRODUCTION
1.1	Industry codes
1.2	Utility to comply with industry codes
1.3	Effect of inconsistency of industry codes
1.4	Electricity Feed-in Scheme
2.	PURPOSE AND APPLICATION OF THIS CODE
2.1	Purpose
2.2	Application
2.3	Other applicable laws
3.	DICTIONARY
3.1	Dictionary attached
4.	DISTRIBUTOR OBLIGATIONS
4.1	Distributor to detail arrangements to supplier
4.2	Distributor to alert supplier and occupier of start dates
4.3	Dispute resolution—supplier disputes
4.4	Dispute resolution—occupier disputes
4.5	Reporting to the Commission
5.	SUPPLIER OBLIGATIONS
5.1	Supplier to detail arrangements to occupiers
5.2	Dispute resolution—distributor disputes
5.3	Dispute resolution—occupier disputes
5.4	Reporting to the Commission
6.	OCCUPIER PROTECTIONS AND OBLIGATIONS
6.1	Applicability of Consumer Protection Code provisions
6.2	Extended definition of ‘utility service’
6.3	Electricity supply debts and hardship provisions
6.4	Requirement for occupier application
7.	REVIEW OF THIS CODE
DICTIONARY
SCHEDULE 1:	DISTRIBUTOR AND SUPPLIER OBLIGATIONS TO REPORT TO THE COMMISSION
SCHEDULE 2:	APPLICABILITY OF CONSUMER PROTECTION CODE PROVISIONS TO THE FEED-IN SCHEME
SCHEDULE 3: 	CODE AMENDMENT HISTORY

1.	INTRODUCTION
1.1	Industry codes
The Electricity Feed-in Code is an industry code under Part 4 of the Utilities Act 2000 (the Utilities Act) that has been determined by the Independent Competition and Regulatory Commission (the Commission). 
Section 55(1) of the Utilities Act provides that ‘an industry code may set out practices, standards and other matters about the provision of a utility service’. 
Section 56(1) of the Utilities Act states that ‘for this Act, an industry code applies to a utility if it applies to the provision of utility services of a kind that the utility is licensed to provide.’ 
The circumstances under which the Commission may determine an industry code and the processes to be followed are detailed in sections 59 and 60 of the Utilities Act.
1.2	Utility to comply with industry codes
The Utilities Act provides, in section 25(2)(iii) that a utility licence is subject to the condition that the utility comply with each industry code that applies to the utility. 
1.3	Effect of inconsistency of industry codes 
Under section 56(3) of the Utilities Act, ‘an industry code has no effect to the extent of any inconsistency with this Act, a related law or a technical code’.
1.4	Electricity Feed-in Scheme
A scheme (the Electricity Feed-in Scheme) for feed-in from renewable energy generators to the electricity network is established under the Electricity Feed-in (Renewable Energy Premium) Act 2008 (the Electricity Feed-in Act). 
The Electricity Feed-in Act provides in section 6(2) for a range of actions required of electricity distributors, including connecting a renewable generator to the distributor’s network (the distributor actions) and in section 6(3) for actions required of electricity suppliers (the supplier actions). Section 7 of the Electricity Feed-in Act provides that the distributor actions and the supplier actions are utility services. 
2.	PURPOSE AND APPLICATION OF THIS CODE
2.1	Purpose
The purpose of this Code is to set out practices and standards for the operation of the scheme for feed-in from renewable energy generators to the electricity network established under the Electricity Feed-in Act.  

2.2	Application
This Code applies to:
(a)	electricity distributors
(b)	electricity suppliers.
2.3	Other applicable laws 
This Code is in addition to, and does not limit, the rights and obligations of electricity distributors and electricity suppliers under the Utilities Act, the Electricity Feed-in Act and any other applicable law.   
3.	DICTIONARY
3.1	Dictionary attached
The Dictionary at the end of the Electricity Feed-in Code is part of this Code. 
4.	DISTRIBUTOR OBLIGATIONS
4.1	Distributor to detail arrangements to supplier
The electricity distributor must,
(a)	upon request, provide to an electricity supplier a statement of the terms on which it will provide the relevant distributor actions.  The Network Use of System Agreement will apply to the distributor actions so far as relevant.
(b)	upon application from an occupier, which may be received via the occupier’s chosen electricity supplier provide the relevant distributor actions in accordance with a negotiated contract with the occupier either directly or via the electricity supplier as agent of the electricity distributor for that purpose.
4.2	Distributor to alert supplier and occupier of start dates
The electricity distributor must, as part of its response to an application for distributor actions, inform the electricity supplier and the electricity supplier must inform the occupier of the date from which the 20-year period for the payment of a premium rate as provided for in section 11 of the Electricity Feed-in Act commenced. 
4.3	Dispute resolution—supplier disputes
Disputes between electricity distributors and electricity suppliers in relation to the Electricity Feed-in Scheme will be resolved in accordance with the arrangements set out in the Network Use of System Agreement in place between the parties. 
4.4	Dispute resolution—occupier disputes
Disputes between electricity distributors and occupiers of premises in relation to the Electricity Feed-in Scheme will be resolved in accordance with the Utilities Act and the Consumer Protection Code. 
4.5	Reporting to the Commission
The electricity distributor is to provide reports to the Commission to cover the matters and within the timeframes set out in Schedule 1 to this Code. Arrangements for the commencement of reporting will be notified by the Commission.
5.	SUPPLIER OBLIGATIONS
5.1	Supplier to detail arrangements to occupiers
The electricity supplier must, by a separate negotiated contract or through amendment of an existing contract, provide a statement of the terms on which it will provide the supplier actions to an occupier from whom an application has been received. Items (a) to (c) are the minimum requirements for inclusion:
(a)	the information that will be provided to occupiers when a payment for renewable energy is made, including the amount and value of any energy generated from the premises
(b)	the frequency of payments
(c)	the method and circumstances of payment to occupiers. 
A contract may provide that payments can be by way of an offset against the occupier’s electricity account. 
5.2	Dispute resolution—distributor disputes
Disputes between electricity suppliers and electricity distributors in relation to the Electricity Feed-in Scheme will be resolved in accordance with the arrangements set out in the Network Use of System Agreement in place between the parties. 
5.3	Dispute resolution—occupier disputes
Disputes between electricity suppliers and occupiers of premises in relation to the Electricity Feed-in Scheme will be resolved in accordance with the Utilities Act and the Consumer Protection Code. 
5.4	Reporting to the Commission
The Supplier is to provide reports to the Commission to cover the matters and within the timeframes set out in Schedule 1 to this Code. Arrangements for the commencement of reporting will be notified by the Commission. 
6.	OCCUPIER PROTECTIONS AND OBLIGATIONS
6.1	Applicability of Consumer Protection Code provisions 
This Code does not affect the application of the Consumer Protection Code in relation to matters other than the Electricity Feed-in Scheme. The application of the Consumer Protection Code to the Feed-in Scheme is as set out in Schedule 2 to this Code. 
6.2	Extended definition of ‘utility service’
For the purpose of this Code, the definition of ‘utility service’ in the Consumer Protection Code is to be read to include the distributor actions and/or supplier actions. 
6.3	Electricity supply debts and hardship provisions 
Despite clause 5.1, an electricity supplier must not set terms that would require a payment owing to an occupier under the supplier actions to be used (without the approval of the occupier) to recover an electricity supply debt:
(a)	which is the subject of a hardship application under Part 12 of the Utilities Act 
(b)	contrary to a direction of the ACT Civil and Administrative Tribunal under Part 12 of the Utilities Act
or
(c)	contrary to an arrangement for the repayment of an electricity supply debt agreed by the occupier and electricity supplier 
6.4	Requirement for occupier application
The distributor actions and supplier actions cannot be provided in the absence of an application from an occupier of premises for such services. A person taking up occupancy of premises with an installed generation capacity is required to apply to the electricity supplier to participate in the Electricity Feed-In Scheme.
7.	REVIEW OF THIS CODE
The Commission will review this Code, in the light of experience with the Electricity Feed-in Scheme, within two years of the commencement of the Electricity Feed-in Act. The review will include 
(a)	the desirability, in the light of experience with the operation of the Electricity Feed-in Scheme, of determining scheme-specific minimum service standards
(b)	the continuing appropriateness of all provisions relating to reporting to the Commission.

DICTIONARY
(1)	‘Commission’ means the Independent Competition and Regulatory Commission.
(2)	‘Consumer Protection Code’ means the Consumer Protection Code approved as an industry code under Part 4 of the Utilities Act.
(3)	 ‘Distributor actions’ are the actions required by an electricity distributor under section 6(2) of the Electricity Feed-in Act.
(4)	‘Electricity distributor’ means a person who holds a licence to distribute electricity under Part 3 of the Utilities Act.
(5)	‘Electricity Feed-in Act’ means the Electricity Feed-in (Renewable Energy Premium) Act 2008.
(6)	 ‘Electricity Feed-in Scheme’ means the scheme for the feed-in from renewable energy generators to the electricity network that is established under the Electricity Feed-in Act.
(7)	 ‘Electricity supplier’ means a person who holds a licence to supply electricity to premises under Part 3 of the Utilities Act.
(8)	‘Electricity supply’ means the supply of electricity from an electricity network to premises for consumption.
(9)	‘Law’ means:
(a)	an Act
(b)	a subordinate law
(c)	any other statutory instrument of a legislative nature
(d)	the common law.
(10)	‘Network Use of System Agreement’ is the default or negotiated contract in place between an Electricity distributor and Electricity supplier in accordance with the Electricity Network Use of System Code.
(11)	‘Occupier’ in relation to premises has the same meaning as in the Electricity Feed-in Act—‘the retail electricity customer for the premises’. It does not have the meaning of ‘occupier’ in the Consumer Protection Code.
(12)	‘Supplier actions’ are the actions required by an electricity supplier under section 6(3) of the Electricity Feed-in Act.
(13)	‘Utilities Act’ means the Utilities Act 2000 (ACT).

SCHEDULE 1:	DISTRIBUTOR AND SUPPLIER OBLIGATIONS TO REPORT TO THE COMMISSION 
Relevant utility service provider	Obligation	Timeframe for report	
Electricity distributor	Number of connection applications received by suburb	Quarterly	
	Number of new connections by suburb	Quarterly	
	Total connections by suburb	Quarterly	
	Total installed capacity by suburb	Quarterly	
	Total metered output by suburb	Quarterly	
			
Electricity supplier	Number of customers receiving feed-in tariff	Quarterly	
	Total premium tariff paid out	Quarterly	

SCHEDULE 2:	APPLICABILITY OF CONSUMER PROTECTION CODE PROVISIONS TO THE FEED-IN SCHEME

Part or clause	Provision	Applicability to Feed-in Scheme	
4	Obligations under licence	Applicable (reading ‘utility service’ to include distributor actions and supplier actions)	
5	Conduct of utilities	Applicable	
6	Complaints	Applicable	
7	Provision of information	Applicable	
8	Notice	Applicable	
9	Summary of Consumer and Utility Rights	Applicable	
10	Special needs	Not applicable	
11	Obligation to comply with service standards	Only service standard 3 of Schedule 2 of the Consumer Protection Code applies	
12	Charges	Applicable	
13	Customer accounts	Only applicable to the extent that information relating to the Feed-in Scheme appears on a customer account	
14	Interest and other charges	Not applicable	
Part 3.1 (Clauses 15–16 and 18–19)	Matters that must be addressed in standard customer contracts	Not applicable 	
Part 3.1 (Clauses 17 and 20)	Matters that must be addressed in standard customer contracts	Not applicable	
Part 3.2 (Clause 21)	Standard customer contracts	Not applicable	
22	Negotiated contract provisions	Applicable	
23	Disconnection of supply	Not applicable	
24	Cooling off period	Not applicable	
25	Recession under Negotiated Customer Contract	Not applicable	
26	Notice where Negotiated Customer Contract ends	Not applicable	
27	Security deposit	Not applicable	
28	Utility to Make Contract available to customers	Applicable	
Part 5 (Clauses 29–30)	Marketing of electricity and gas supply services	Not applicable	
31	Contract information	Applicable	
32	Informed consent	Not applicable	
33	New occupants	Not applicable	

SCHEDULE 3: 	CODE AMENDMENT HISTORY
The Electricity Feed-in Code was first determined on 27 February 2009.
The Code has not been varied since that date.