A distribution network service provider (DNSP) may request the AER to determine whether a scheme is a jurisdictional scheme. To make this request, the DNSP must submit to the AER a statement that includes an explanation of how the relevant scheme meets the jurisdictional scheme eligibility criteria.
The AER must publish this statement and make a determination on whether a scheme is a jurisdictional scheme.
On 9 February 2011, Energex requested the AER to determine that the Qld Retailer of Last Resort scheme (RoLR) is a jurisdictional scheme. On 15 February, the AER published Energex's request letter and accompanying written statement.
The National Electricity Rules (NER) requires the AER publish its decision, including reasons, within 20 business days of receiving the request.
Under clause 6.18.7A(n) of the NER the AER must only determine that a scheme is a jurisdictional scheme if the AER considers that the scheme meets the jurisdictional scheme eligibility criteria in the NER.
The AER considers that the Qld RoLR scheme satisfies the eligibility criteria, and therefore has determined that the Queensland RoLR scheme is a jurisdictional scheme.
The AER’s decision and assessment against the eligibility criteria are set out in the AER letter to Energex.