Australian Capital Territory

Utilities (Variation of Terms) Approval 2005   (No 1)

Notifiable Instrument NI2005-84

made under the

Utilities Act 2000, s 91 (Notification and application of terms etc)

The ICRC approves the attached variation of the terms of ActewAGL Retail’s standard customer contract for electricity supply and ActewAGL Distribution’s standard customer contract for electricity distribution and connection. 

This approval commences on the day after notification. 

Paul Baxter
Senior Commissioner
for Independent Competition and Regulatory Commission
          16 February 2004
ATTACHMENT

		Current Version			Proposed Changes	
Title		Electricity Connection
Standard Customer Contract			Electricity Connection and Distribution
Standard Customer Contract	
						
Contents
What obligations do you have	3.	Our equipment on your premises		3.	Protection of our network	
		Interference to other customers			Interference to our network	
What other rights do you have	5.	•	When we are permitted to contact you			•	Increases in your demand
•	When we are permitted to contact you	
						
Electricity Connection Contract
Words in italics	
E	
Words shown in italics have the meaning given in Schedule 2.		
E	
Words shown in italics have the meaning given in Schedule 1.	
						
What obligations do you have?
Application for connection	
3.1	
(c)	provide any of the other things referred to in clause 4 of the Consumer Protection Code or the Franchise Customer Electricity Metering Code;		
3.1	
(c)	provide any of the other things referred to in clause 16 of the Consumer Protection Code or the Franchise Customer Electricity Metering Code;	
Life support equipment	3.3	If someone at your premises depends on life support equipment that is reliant on electricity, please let us know so that we may register the premises.  We are not permitted to disconnect registered premises, as described in 11.1.		3.3	If someone residing at your premises depends on life support equipment that is reliant on electricity, please let us know so that we may register the premises.  We are not permitted to disconnect registered premises, as described in 11.1.	
Protection of our network	3.14	You must maintain minimum clearances from our power lines and other parts of the electricity network, as required by the Utility Networks (Public Safety) Regulations 2001.  This includes safe distances for trees and structures		3.14	You must not permit vegetation or structures to be closer than the minimum statutory clearances from our power lines and other parts of the electricity network. The Utility Networks (Public Safety) Regulations 2001 prescribe minimum distances of general application.  Greater distances may be advisable to delay encroachment from vegetation regrowth	
Sub-heading rename only	3.22	Interference to our network or other customers		3.22	Interference to our network	
						
What other rights do you have
Increases in your demand		
Previous Clause 5.6 re-numbered to 5.8. 

Additional new clauses 5.6 and 5.7 added under new sub-heading “Increases in your demand”.
		5.6
	If you want to increase the electricity load (maximum demand) beyond the existing capacity of your network connection and the local area supply, you will need to give us reasonable notice to enable us to undertake the necessary augmentation of the electricity network.  	
				5.7	In appropriate circumstances we may agree to allow you to increase your maximum demand beyond the existing capacity of the local area supply on an interim basis, but only if you agree to comply with any reasonable restrictions on use as notified to you by us, from time to time.	
Clause re-number only	5.6
5.7
5.8			5.8
5.9
5.10		
What happens if your electricity supplier fails?	5.9	We will automatically arrange for another electricity supplier to supply your premises if:
(a)	your electricity supplier ceases (either permanently or temporarily) to be lawfully able to supply electricity to the premises; and
(b)	you did not cause the problem.			Deleted	
	5.10	We will notify you that this has occurred, as soon as practicable after your electricity supplier has notified us.			Deleted	
	5.11	Supply in these circumstances is governed by: 
(a)	the supplier’s standard customer contract for last resort electricity supply; or
(b)	if you have negotiated specific terms for those circumstances with the supplier - those terms.			Deleted	
Clause re-number only	5.12
5.13
5.14
5.15
5.16			5.11
5.12
5.13
5.14
5.15		
						
Charges
Schedule of Charges	6.1	Our charges for network and associated services are shown in our Schedule of Charges.  A copy is available from us free of charge, on request.		6.1	ActewAGL’s charges are shown in our Schedule of Charges.  A copy is available from us free of charge, on request.	
	6.2	Network services are the distribution of electricity through our electricity network and other networks from the point of generation.  		6.2	Once you are connected to the electricity network, the principal service we provide is our network service. This involves the distribution of electricity through our electricity network and other networks from the point of generation.  	
Extension and equipment costs	6.6	We may require you to pay the cost of any work undertaken to:
(a)	in the case of new connections – extend the electricity network, or increase the capacity of the network, to connect your premises; or
(b)	in the case of existing connections - vary the capacity of the electricity network, or the connection to your premises, due to an increase in your demand for electricity or a request by you; or
(c)	remove or relocate infrastructure at your request.		6.6	We may charge you for any work undertaken to:
(a)	in the case of new connections – extend the electricity network, or increase the capacity of the network, to connect your premises; or
(b)	in the case of existing connections - vary the capacity of the electricity network, or the connection to your premises, due to an increase in your demand for electricity or a request by you; or
(c)	remove or relocate infrastructure at your request.	
						
Use of your personal information	9.5	If you do not wish your details to be used for information or promotional purposes, please contact our customer service line on 13 14 93.  We will reimburse the cost of a local call on your next account.		9.5	If you do not wish your details to be used for information, promotional, or market research purposes, please contact our customer service line on 13 14 93.  We will, without charge, mark your details so that their use is restricted to matters central to this contract such as sending you notice of interruption to supply.	
						
Our access to your premises	10.1	You must allow our employees, contractors and agents to enter your premises: 
(a)	to carry out connection work; or
(b)	to read or test meters; or

(c) 	to inspect, maintain, repair or replace our property; or 
(d)	where otherwise permitted by law.		10.1	You must allow our employees, contractors and agents to enter your premises: 
(a)	to carry out connection work; or
(b)	to read or test meters; or

(c)	to inspect, maintain, repair or replace our property; or 
(d)	to disconnect buildings or premises in accordance with this contract; or 
(e)	where otherwise permitted by law.	
						
Disconnection by us	11.1	(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of clause 12.4 of the Consumer Protection Code; or		11.1	(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of clause 17.4 of the Consumer Protection Code; or	
						
Our liability
Terms implied by statute	12.1	Consumer protection legislation implies terms into contracts for the supply of certain goods and services (“Implied Terms”) but permits a supplier to limit its liability in respect of those terms in certain circumstances.			Consumer protection legislation implies terms into contracts for the supply of certain goods and services which cannot be excluded (“Implied Terms”) but permits a supplier to limit its liability in respect of those terms in certain circumstances.	
						
Sub-heading rename only	12.8	Limitations on our liability
Faults in your equipment:		12.8	Limitations on our liability
	
	12.9	Interruption to services:		12.9	Deleted	
Other Limitations	12.11	Without limiting 12.10, we are not liable for any loss of profits, business, anticipated savings or for any other indirect or consequential loss arising out of or in connection with this contract, whether in contract, tort (including negligence) or otherwise, other than as provided in 12.6.		12.11	Without limiting 12.10, we are not liable for any loss of profits, business, or anticipated savings or for any indirect or consequential loss arising out of or in connection with this contract, whether in contract, tort (including negligence) or otherwise, other than as provided in 12.6.	

Amendments to Schedule

TERM	MEANING	Amendments	
ActewAGL	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and AGL Gas Company (ACT) Limited, trading as ActewAGL Distribution.	ActewAGL (we, us, our)	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and AGL Gas Company (ACT) Pty Limited, trading as ActewAGL Distribution.	
connection services	Means the services described in section 79(1)(a) and (b) of the Utilities Act 2000.	connection services	means:
(a)	connecting your premises to the electricity network;
(b)	the maintenance of that connection; and
(c)	if required, varying the capacity of the connection.	
		distribution services	distribution services means the distribution of electricity through the electricity network and other networks from the point of generation.	
electricity network	the electricity network as defined in section 7 of the Utilities Act 2000.	electricity network	ActewAGL’s ACT electricity network as defined in section 7 of the Utilities Act 2000.	
electricity distributor’s licence	our licence to distribute electricity through its electricity network, issued under the Utilities Act 2000.	electricity distributor’s licence	our licence to distribute electricity through the electricity network, issued under the Utilities Act 2000.	
		network service	the network service comprises connection services and distribution services.	

		Current Version			Proposed Changes	
Electricity supply contract
Separate connection terms
	D	This contract works in conjunction with the standard customer contract for electricity connection, which provides for the connection of your premises to the electricity network and covers a range of technical issues relevant to that connection.		D	This contract works in conjunction with the standard customer contract for electricity connection and distribution, which provides for the connection of your premises to the electricity network and covers a range of technical issues relevant to that connection.	
						
What obligations do you have?
Application for supply	3.1
	(c) 	provide any of the other things referred to in clause  of the Consumer Protection Code or the Franchise Customer Electricity Metering Code, on request;			(c)	provide any of the other things referred to in clause 16 of the Consumer Protection Code or the Franchise Customer Electricity Metering Code, on request;	
Life support equipment	3.6	If someone at your premises depends on life support equipment that is reliant on electricity, please let us know so that we may register the premises.  We are not permitted to disconnect registered premises, as described in clause 11.			If someone residing at your premises depends on life support equipment that is reliant on electricity, please let us know so that we may register the premises.  We are not permitted to disconnect registered premises, as described in clause 11.	
						
Use of your personal information
Your right to privacy
Use of contact details	9.3	(a)	to contact or correspond with you for the purposes of this contract (for example to inform you of outages or to send you accounts);		9.3	(a)	to contact or correspond with you for the purposes of this contract (for example to send you accounts);	
		(c)	for other public interest purposes, such as safety, fundraising by charities and informational purposes,			(c)	for other public interest purposes, such as safety, fundraising by charities and informational programs,	
	9.4	If you do not wish your details to be used for information or promotional purposes, please contact our customer service line on 13 14 93.  We will reimburse the cost of a local call on your next account.		9.4	If you do not wish your details to be used for information, promotional, or market research purposes, please contact our customer service line on 13 14 93.  We will, without charge, mark your details so that their use is restricted to matters central to this contract such as sending you accounts.	
						
Our access to your premises	10.1	You must allow our employees, contractors and agents to enter your premises:
(a)	to read or test meters; or
(b)	to inspect, maintain, repair or replace our property; or 
(c)	to disconnect building or premises in accordance with this agreement; or
where otherwise permitted by law		10.1	You must allow our employees, contractors and agents to enter your premises:
(a)	to read or test meters; or
(b)	to inspect, maintain, repair or replace our property; or 
where otherwise permitted by law	
						
Disconnection by us
All customers	11.1	(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of clause 12.4 of the Consumer Protection Code; or			(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of clause 17.4 of the Consumer Protection Code; or	
						
Our liability
Terms implied by statute	12.1	Consumer protection legislation implies terms into contracts for the supply of certain goods and services (“Implied Terms”) but permits a supplier to limit its liability in respect of those terms in certain circumstances.		12.1	Consumer protection legislation implies terms into contracts for the supply of certain goods and services which cannot be excluded (“Implied Terms”) but permits a supplier to limit its liability in respect of those terms in certain circumstances.	
	12.11	Without limiting 12.10, we are not liable for any loss of profits, business, anticipated savings or for any other indirect or consequential loss arising out of or in connection with this contract, whether in contract, tort (including negligence) or otherwise.		12.11	Without limiting 12.10, we are not liable for any loss of profits, business, or anticipated savings or for any indirect or consequential loss arising out of or in connection with this contract, whether in contract, tort (including negligence) or otherwise.	

Amendments to Schedule

TERM	MEANING	Amendments	
ActewAGL	the retail arm of the ActewAGL joint venture, which is a partnership between ACTEW Retail Limited and AGL ACT Retail Investments Pty Limited, trading as ActewAGL Retail.	ActewAGL (we, us, our)