Under the Renewable Energy Target, there are two types of relevant acquisitions: wholesale acquisitions and notional wholesale acquisitions. Entities who are liable under the Renewable Energy Target must
report all relevant acquisitions they make on an annual basis. In some instances, liable entities may be exempt from reporting relevant acquisitions. If certain conditions are met, this could mean that an entire electricity network (grid) could be exempt.
The vast majority of relevant acquisitions are
wholesale acquisitions, which generally relates to electricity acquired by retailers from the grid or directly from generators to then sell to their customers.
Under section 32 of the
Renewable Energy (Electricity) Act 2000 (the Act), wholesale acquisitions include acquisitions of electricity:
If a purchase of electricity has been identified as a wholesale acquisition, then no other acquisition in relation to that electricity will be a relevant acquisition (regardless of when the other acquisition occurs). That is, there can be no 'double counting' of acquisitions in relation to the same electricity.
A minority of acquisitions are identified as
notional wholesale acquisitions. These generally occur in situations such as a mine site, where a generator sells electricity directly to the mine for their operations.
Under section 33 of the Act, there are two situations where a notional wholesale acquisition of electricity takes place.
In both cases, the person who generated the electricity acts as both the notional generator and the notional wholesaler, so the generator is the liable entity for the purposes of reporting these acquisitions.
Renewable Energy (Electricity) Regulations 2001 (the Regulations), liable entities typically calculate the amount of electricity acquired for all relevant acquisitions at the:
In most cases, liable entities calculate the amount worked out on the basis of metering data used for AEMO or AEMO WA settlement statements, where the electricity is acquired from AEMO or AEMO WA.
In other circumstances, the amount of acquired electricity is calculated in one of several ways, if the electricity is:
a. acquired from AEMO or AEMO WA, liable entities calculate the amount worked out on the basis of metering data used for AEMO or AEMO WA settlement statements.
b. acquired directly from the person who generated the electricity at the interface between the transmission and distribution system, liable entities calculate the amount. This is worked out by a method of calculation to be chosen by the agency after consultation with the liable entity using:
c. used outside the site of generation but in the same distribution network, liable entities calculate the amount. This is worked out by a method of calculation to be chosen by the agency after consultation with the liable entity using, depending on the applicable contractual arrangements:
d. acquired at the site of the generation, liable entities calculate the amount of metered electricity at the point on which the contractual arrangement is based.
If (a) to (d) above do not apply, liable entities are required to use a method of calculation to be chosen by the agency after consultation with the liable entity using the amount of metered or calculated electricity:
The amount of electricity imported from the grid by an entity to operate a power station (excluding commercial battery storage) does not need to be included when calculating relevant acquisitions of electricity if:
Where an entity imports electricity for multiple purposes, any electricity not used by the power station exclusively, is a relevant acquisition of electricity and as such, must be reported.
A similar approach should be taken where a power station is connected to a non-AEMO WA Independent Market Operator (IMO) or remote network.
Acquisitions of electricity may be exempt for liability purposes (that is, it is not a 'relevant acquisition') if the:
In addition, entities that conduct emissions-intensive trade-exposed activities may be eligible to
apply for exemption in relation to their relevant acquisitions.
Activities eligible for exemption include, but are not limited to, production of glass containers and bulk flat glass, integrated production of lead and zinc, manufacture of newsprint and carton board and petroleum refining. In these circumstances, exemption certificates are used by liable entities to
calculate their reduced acquisitions.
Some electricity networks (grids) are exempt from liability. Under section 31(2)(a) and section 31(3) the Act, this includes if the:
Under the Regulations, regulation 22 defines the capacity of a grid as the sum of all installed electricity generation capacity, excluding standby plants and privately owned domestic generators.
A person who owns, operates or controls a grid must provide the agency a statement within 28 days of the following changes:
New business models for photovoltaic (PV) systems ownership are growing. These models, which include lease arrangements, were not envisaged when the Renewable Energy Target was established. The new business models require careful assessment to determine how liability is to be determined under the Renewable Energy Target. This guidance outlines the agency's approach to the issue, both in terms of how liability is to be reported in the short term and how longer-term options may be pursued.
In traditional model small-scale PV systems, an owner of solar panels generates electricity, some of which is used directly by the owner and the remainder is exported to the grid. Their electricity retailer then has liability under the Renewable Energy Target for the portion exported to the grid, as they make a 'wholesale acquisition' of electricity under the Act. The owner of the solar panels does not have a Renewable Energy Target liability for their self-consumption behind the meter.
New business models generally involve a home or business owner leasing solar panels from a company under a contract. The terms of those contracts may have an impact on the point of liability and who has a Renewable Energy Target liability. In some circumstances, contractual arrangements could result in both behind the meter consumption and the amount fed into the grid being liable. However, there does not appear to be consistency across the market in relation to how these matters (including potential RET liability) are explained to home and business owners. Similarly, there does not appear to be a uniform approach to the contractual terms. Therefore, there is not a 'one-size-fits-all' outcome.
As these contracts are a matter between the parties, the agency's position is that it is the responsibility of the entities who offer these contracts to home and business owners, and the retailers who acquire relevant electricity, to carefully consider the point of liability, properly inform home and business owners, and report acquisitions appropriately.
The default position is that electricity retailers should continue to report all liable electricity acquired consistent with the traditional model outlined above in their energy acquisition statements; including any excess exported into the grid from behind the meter solar PV systems of their household and business customers.
Should the retailer be aware of contractual arrangements that it believes does not make it liable for the export to the grid, and not wish to report and acquit those acquisitions, then it must provide full details of each specific case to the agency in order to justify why it has not reported those acquisitions.
The agency will review this guidance and the underlying position if it becomes aware of information that substantially affects the operation of the scheme.
The installation of battery storage systems is increasing across Australia and market participants need to be aware of their Renewable Energy Target responsibilities, including whether or not they may become liable entities. This guidance clarifies liability under the Renewable Energy Target for battery storage systems that import electricity from the transmission or distribution networks, or directly from the generator, and later export electricity back to the grid.
There are two principles in the Act that are relevant when considering Renewable Energy Target liability for battery storage systems.
The agency takes the following interim position regarding liability for battery storage systems.
Battery storage system owners must ensure that appropriate metering exists and records are maintained. This guidance can also be used for most other energy storage technologies including pumped hydro energy storage. For further information, please
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