Archive: December 2014

1
Australian National Electricity Rules Adopt a More ‘Cost Reflective’ Approach to Network Pricing
2
ACCC v AGL South Australia Pty Ltd [2014] FCA 1369
3
Infocast’s Corporate Energy Sourcing Summit 2015
4
House Tax Extenders Package Would Renew the Wind PTC and Other Energy Provisions
5
Australia’s Emissions Reduction Fund Legislation Receives Royal Assent

Australian National Electricity Rules Adopt a More ‘Cost Reflective’ Approach to Network Pricing

The National Electricity Amendment (Distribution Network Pricing Arrangements) Rule 2014 No. 9 (Rule Change) came into effect on 1 December 2014, amending the Australian National Electricity Rules (NER) by introducing a more ‘cost reflective’ model for network pricing. Under the new regime, distribution tariffs must comply with several new pricing principles, with the objective that the network prices that a Distribution Network Service Provider (DNSP) charges each consumer should reflect its efficient costs of providing network services to that consumer.

To read the full alert, click here.

ACCC v AGL South Australia Pty Ltd [2014] FCA 1369

The Federal Court of Australia has found that AGL South Australia Pty Ltd (AGL) made false or misleading representations and engaged in misleading or deceptive conduct concerning the level of discount residential consumers would receive under AGL’s energy plans.

The Court held that consumers who commenced an energy plan with AGL between January and mid-July 2012 would have understood through telephone conversations with AGL Customer Service Representatives that they would receive a discount calculated by reference to the rates which would otherwise have applied to them if they had not entered into the energy plan. Although they initially received the discount, in mid-2012 AGL increased the rates under its energy plans and sent a letter to these consumers advising them of their new rates, stating that they would continue to receive their discount.

Justice White held that this was false and misleading as following the rate increase, these rates were actually higher than those AGL applied to similar consumers who had subsequently commenced an energy plan post-July 2012. As such, AGL’s conduct “reduced the benefits of the discounts represented to the consumers when they agreed on their energy plan”.

 

If you would like to read more about this case, please click here.

Infocast’s Corporate Energy Sourcing Summit 2015

12-14 January 2015
The Westgate Hotel
San Diego, CA

Presenters: William H. Holmes, Paul C. Lacourciere

K&L Gates is a Platinum Sponsor at Infocast’s Corporate Energy Sourcing Summit 2015, with partner Bill Holmes leading the Summit as Chair. This event focuses on the latest intelligence on financing, business cases, risk, sourcing & sustainability from the leading market players, while evaluating business cases for new strategies and solutions including on & off-site renewables, demand response, efficiency, fuel cells and energy storage. The Summit will be a source of actionable strategies and insights from peers in other sectors including bigbox/retail, manufacturing, data centers, real estate, airports, and universities. The Summit will offer up numerous opportunities to meet key dealmakers, learn about their plans for the upcoming year, and capitalize on new prospects that will lead to successful deals.

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House Tax Extenders Package Would Renew the Wind PTC and Other Energy Provisions

Congress is poised to enact a one-year retroactive tax extenders package that would renew a variety of tax incentives—including the production tax credit (PTC) for wind—through the end of 2014. On Wednesday, December 3, the House passed the Tax Increase Prevention Act of 2014 (H.R. 5771) by a vote of 378-46, sending the bill to the Senate for its consideration before the end of the Lame Duck session. Read More

Australia’s Emissions Reduction Fund Legislation Receives Royal Assent

On 25 November 2014 the Carbon Farming Initiative Amendment Act 2014, which puts in place the Emissions Reduction Fund (ERF), received Royal Assent and is now law. The ERF is the cornerstone of the Australian Government’s Direct Action Plan climate change policy for the reduction of greenhouse gas emissions. It will provide $2.55 billion in financial incentives over four years for companies to voluntarily reduce emissions. The Government says its Direct Action Plan climate change policy will mean that Australia will meet the 5 percent emissions reduction target by 2020.

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