35A—Price regulation by Commission
(1) The Commission may
make a determination under the Essential Services Commission Act 2002
regulating prices, conditions relating to prices and price-fixing factors
for—
(a) the
sale and supply of electricity to small customers;
(ba) the
feeding-in of electricity into a distribution network under Division 3AB;
(c)
subject to the National Electricity (South Australia) Law and the National
Electricity Rules—network services;
(d)
other goods and services in the electricity supply industry specified by the
Minister by notice in the Gazette.
(2) In making a
determination, the Commission must (in addition to having regard to the
factors specified in the Essential Services Commission Act 2002 ) have
regard to the principle that the prices charged to small customers for
network services in relation to the transmission network in South Australia
and the distribution networks that are connected to it should be at the same
rates for all small customers regardless of their location.
(2a) In addition to
the requirements of section 25(4) of the
Essential Services Commission Act 2002 , the Commission must, in acting
under subsection (1)(ba), have regard to the fair and reasonable value to
a retailer of electricity fed into the network by qualifying customers within
the meaning of Division 3AB.
(3) The Minister may,
by further notice in the Gazette, vary or revoke a notice under
subsection (1)(d).
(4) Despite the
provisions of the Essential Services Commission Act 2002 , the operation
of a determination of a kind referred to in subsection (1)(a) is not to
be stayed pending the determination of an application for review under Part 6
of that Act.