Dispute resolution
The national energy regime includes a series of dispute resolution mechanisms that are overseen by the AER.
Customer connection disputes
The Australian Energy Regulator (AER) may consider and make determinations regarding customer connection complaints and disputes with electricity distribution businesses. Connection disputes arise when a customer seeks connection to an electricity distribution network, and is unable to reach agreement with the distribution business on the terms and conditions of the connection offer.
The AER is responsible for resolving electricity distribution customer connection disputes under Part 10 of the National Electricity Law. In addition, in Victoria, the National Electricity (Victoria) Act 2005 confers on the AER the responsibility to resolve disputes under that Act and the Electricity Industry Act 2000, and to make assessments under distribution business’ licence conditions
Networks access disputes
The AER is the dispute resolution body for access disputes notified under Chapter 6 of the National Gas Law. An access dispute is a dispute between a user or potential user of a pipeline and the pipeline service provider.
A dispute may cover one or more aspects of access to a pipeline service. The prospective user, user or service provider may notify the AER, in writing, that an access dispute exists.
Information about how the AER will resolve access disputes can be found in the Guideline for the resolution of distribution and transmission pipeline access disputes.
Disputes in relation to application of regulatory investment test for transmission
Under the Electricity Rules, the AER is responsible for resolving disputes in relation to the application of the regulatory investment test for transmission (RIT-T) by transmission businesses. Section 5 of the AER’s RIT-T application guidelines summarises the process that a disputing party, a TNSP and the AER must follow when involved in dispute resolution as set out in the Electricity Rules. It provides information on who may dispute a RIT-T assessment; what matters can be disputed; how to lodge a dispute; and the process the AER, a TNSP and disputing parties must follow in resolving a dispute.
Information about how the AER will resolve disputes can be found in Chapter five of the Final decision RIT for transmission and RIT for transmission application guidelines document on the Regulatory investment test for transmission and guideline page.
Wholesale market disputes
Chapter 8 of the National Electricity Rules and Part 15C of the National Gas Rules provide mechanisms for dispute resolution between Registered participants, and between Registered Participants and the Australian Energy Market Operator.
The AER has appointed a dispute resolution adviser to administer these dispute resolution provisions.