icon-rees REES compliance action - Momentum Energy

  • Project Released: 14 Dec 2015
  • Project Closes: 14 Dec 2015
  • Contact: Chantelle Hobart

Overview

In 2015 the Commission undertook enforcement action against Momentum Energy in relation to a data omission which resulted in the re-apportionment of individual retailer 2015 annual targets.

The Commission exercised its formal statutory Warning Notice and Assurance powers under the Electricity Act 1996 and issued a formal Written Warning and required Momentum to formally acknowledge its non-compliance and undertake and agree to various remedial actions.

Status

Current status is Final

  • Final

Final

Retailers reported data relating to the 2013-14 financial year to the Commission in January 2015. The Commission issued 2015 REES targets in April 2015. Momentum Energy (Momentum) subsequently notified the Commission of a significant omission in the data it reported to the Commission which affected the apportionment of the 2015 Energy Efficiency Targets (targets).

Having regard to the legal operation of the statutory regime, the nature and extent of Momentum’s omission and the feedback provided to it, the Commission reapportioned 2015 EETs for all obliged retailers, so as to give effect to the EETs set by the Minister for 2015.

The Commission is of the view that Momentum was not compliant with clause 5.4.2 of the REES Code (REESC/08), in relation to the provision of statistical information for the purposes of determining obligations and the setting of individual obliged retailer targets for the 2015 REES year.

The Commission undertook enforcement action against Momentum in relation to this matter. In light of the serious impacts of this non-compliance on the REES, the Commission exercised its formal statutory Warning Notice and Assurance powers under the Electricity Act 1996 and issued a formal Written Warning and required Momentum to formally acknowledge its non-compliance and undertake and agree to various remedial actions. A copy of the Written Warning and Undertaking and Acknowledgement can be found below.