Electricity Authority Notes Decision On Code Breaches By Retailer

The Electricity Authority has noted a Rulings Panel decision published today which found electricity retailer Ecotricity breached the Electricity Industry Participation Code 2010 (the Code) relating to its failure to provide electricity consumption data.

The Rulings Panel, an independent body that assists in enforcing the Code by dealing with complaints about breaches of the Code, ordered Ecotricity to pay a fine of $57,000 after it admitted breaching the Code between 4 August 2020 and 7 June 2021.

The decision comes after the Authority lodged a formal complaint with the Rulings Panel in December last year which alleged breaches of the Code by Ecotricity.

The Rulings Panel decision found the consumer’s agent The Utility Company Limited had lawfully requested that Ecotricity provide electricity consumption data for five of Ecotricity’s commercial and industrial customers in accordance with clauses 11.32A, 11.32B, 11.32E, 11.32EA and 11.32EB of the Code. These clauses regulate the provision of consumption information when the request is made by the consumer’s agent.

Ecotricity initially denied the alleged breaches but later acknowledged it had breached the Code.

"The free and prompt flow of customer consumption data from an incumbent retailer to a competitor retailer that is seeking to win the customer with an attractive retail offer is fundamental to supporting competition in the retail electricity market," says Electricity Authority Compliance Manager Peter Kerr.

"It is not in the long-term interests of consumers for retailers to deliberately breach their Code obligations which is why this matter was referred to the Rulings Panel."

The Rulings Panel also ordered Ecotricity to pay the Authority’s costs in the amount of $3,820.

Notes for Editors:

Clauses breached by Ecotricity:

11.32A Retailers must give information about consumer electricity consumption when requested by a consumer

11.32B Retailers must provide the information no later than 5 business days following the request

11.32E A consumer may authorise an agent to act on their behalf and a retailer must deal with any request from the agent as if it were a request from the consumer

11.32EA Retailer actions on receipt of requests from agents

11.32EB Circumstances in which a retailer may decline to provide consumption information to a consumer’s agent

Notes:

The Electricity Authority is an independent Crown Entity with the main statutory objective to promote competition in, reliable supply by, and the efficient operation of, the electricity industry for the long-term benefit of consumers. The additional objective of the Authority is to protect the interests of domestic consumers and small business consumers in relation to the supply of electricity to those consumers.

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