4—Interpretation—definition of annual electricity consumption
level
(1) For the purposes
of the definition of "annual electricity consumption level in section 4
of the Act, the following provisions apply to the determination of a
customer's annual electricity consumption level:
(a) the
customer's annual electricity consumption level is to be determined for each
metered connection point through which the customer has or seeks electricity
supply under a retail contract;
(b) if
the customer has been entitled under a retail contract to electricity supply
through the connection point for the 12 months immediately preceding
the relevant day, the customer's annual electricity consumption level for the
connection point is—
(i)
the actual volume of the electricity supply, expressed
in MW.h, through the connection point for that 12 month period as
measured by the meter at the connection point; or
(ii)
if the measurement of the volume of electricity by the
meter has been significantly affected by inaccuracies during that
12 month period—the estimated volume of the electricity supply,
expressed in MW.h, through the connection point for the 12 months
immediately following the relevant day;
(c) if
the customer has not been entitled under a retail contract to electricity
supply through the connection point for the 12 months immediately
preceding the relevant day, the customer's annual electricity consumption
level for the connection point is the estimated volume of the electricity
supply, expressed in MW.h, through the connection point for the 12 months
immediately following the relevant day;
(d) an
estimate is to be made for the purposes of paragraph (b) or (c)
taking into account relevant past electricity consumption levels, the
electricity consumption level of plant and equipment to be powered through the
connection point, the operations for which electricity is required to be
supplied through the connection point and other relevant factors;
(e) the
determination of the actual or estimated volume of electricity supply through
the connection point may be by agreement between the customer and the
electricity entity or, failing such agreement, will be a matter for the
decision of the Commission on application to the Commission by the customer or
the entity;
(f) a
determination under this regulation of the customer's annual electricity
consumption level for the connection point continues in operation from
the relevant day until—
(i)
the customer ceases to be entitled to electricity supply
through the connection point under a retail contract with the electricity
entity; or
(ii)
a subsequent determination is made under this regulation
of the customer's annual electricity consumption level for the connection
point,
whichever first occurs;
(g) at
least 12 months must elapse from the relevant day before a subsequent
determination is made under this regulation of the customer's annual
electricity consumption level for the connection point.
(2) In this
regulation—
"the relevant day", in relation to the determination of the customer's annual
electricity consumption level for the connection point, means—
(a) the
day on which the determination is made; or
(b) if
some earlier or later day is agreed to by the customer and the electricity
entity, or is decided on by the Commission, as the relevant day for the
purposes of the determination—that day.