REES compliance action - Momentum Energy
- Project Released: 14 Dec 2015
- Project Closes: 14 Dec 2015
- Contact: Chantelle Hobart
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.
Current status is 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.