South Australian Numbered Regulations

GAS REGULATIONS 2012 (NO 200 OF 2012) - REG 22

22—Notification and adjustment of targets

        (1)         The Commission must, in relation to each calendar year in which the residential energy efficiency scheme is to apply, notify in writing each retailer to which this Part applies of any annual—

            (a)         GLEAT; and

            (b)         GGRT; and

            (c)         PGGGRT,

that applies to the retailer for that year.

        (2)         The Commission may adjust a target that would otherwise apply to a retailer after taking into account any—

            (a)         energy audit shortfall; and

            (b)         energy efficiency shortfall; and

            (c)         energy efficiency shortfall for priority group households,

from a previous year that must be added to the target in accordance with regulation 23, 24 or  25, respectively.

        (3)         If the customers of 1 retailer (in this regulation referred to as the "first retailer ) are transferred during a year to another retailer (in this regulation referred to as the "acquiring retailer") by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred.

        (4)         If—

            (a)         this Part and Part 4 of the Electricity (General) Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer because the acquiring retailer did not have the threshold number of customers for the purposes of regulation 16; and

            (b)         as a result of the transfer of customers the acquiring retailer has at least the threshold number of customers,

this Part and Part 4 of the Electricity (General) Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must—

            (c)         in accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and

            (d)         adjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred.

        (5)         If a retailer accrues an energy credit in a year and does not transfer the credit under regulation 27(1), the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year.