Australian Energy Market Commission ANNUAL REPORT 2017-2018 Australian Energy Market Commission Level 6, 201 Elizabeth Street Sydney NSW 2000
30 September 2018
The Hon Dan van Holst Pellekaan MP Minister for Energy and Mining GPO Box 974 Adelaide SA 5001
Dear Minister
Australian Energy Market Commission annual report 2017-2018
I am pleased to present the Australian Energy Market Commission 2017-2018 annual report.
This report is prepared in accordance with Section 27 of the Australian Energy Market Commission Establishment Act 2004 (SA).
John Pierce CHAIRMAN Contents
48 ORGANISATION Reports on our commitment to stakeholder engagement and our people as well as internal management systems, governance including audit and risk assessment and the role of Commissioners and the 4 EXECUTIVE REPORT executive team. Includes the performance 50 Our stakeholders summary, Chairman’s message 54 Our people and Chief Executive’s message, 57 Governance and how energy markets are 24 WORK PROGRAM governed. Reports on the output of our 62 FINKEL ACTION 4 How energy markets are work program, detailing the rule governed making process and reviews Our action to implement the undertaken during the year as 6 Performance summary recommendations of the well as our strategic priorities. independent review into the future 8 Chairman and Chief Executive Explains our core business and message security of the national electricity activities of the Reliability Panel. market. 14 OVERVIEW 26 Overview of our work program 27 Rules and reviews 70 RULES AND REVIEWS Who we are, what we do, our leadership and how we work 30 Managing rule making Index providing summaries of all timeframes work undertaken this year. 16 What we do 31 Reviews and advice 18 Guiding principles 32 Reliability 102 19 Organisation chart FINANCIAL 33 Reliability frameworks review PERFORMANCE 20 AEMC Commissioners 34 Security Provides audited financial 22 AEMC executive leadership team 36 Frequency control frameworks review statements for the AEMC. 37 Fast and flexible energy 38 More affordable energy and 130 STATUTORY REPORTS consumer protection Under section 27 of the Australian 40 Making it easier to buy Energy Market Commission and sell gas Establishment Regulations 2005 42 Reliability Panel we must include specific reports 44 Panel members at which are provided here together 30 June 2018 with a compliance index. 46 Reliability panel meetings 2017-2018
AEMC ANNUAL REPORT 2017-2018 | 1 References
FIGURES Figure 1 How energy markets are governed 4 Figure 2 Rule changes, reviews and advice started 6 and completed Figure 3 Categories for completed electricity, gas 6 and retail rule changes Figure 4 Rule changes initiated within four months 6 Figure 5 Projects completed and underway 6 Figure 6 Project landscape 2017-2018 12 TABLES Figure 7 Organisation chart as at 30 June 2018 19 Table 1 Rule change request proponents 29 Figure 8 Rule changes requested, initiated and 28 Table 2 Reliability Panel members and meetings 46 completed Table 3 Statement of intent key performance 58 Figure 9 Rule changes initiated within four months 28 indicators Figure 10 Managing rule making timeframes 30 Table 4 Commission statutory and governance 60 Figure 11 System security market frameworks 35 meetings 2017-2018 review Table 5 Commission audit and risk management 61 Figure 12 The generation mix is changing 43 committee membership and meetings 2017-2018 Figure 13 Submissions received from stakeholders 50 Table 6 Implementing the Finkel review 64 Figure 14 Overall ratings of AEMC approach to 51 Table A Electricity rules made by the AEMC in consultation 72 2017-2018 Figure 15 Stakeholder presentations and meetings 52 Table B Determinations to not make a rule in 79 Figure 16 Formal stakeholder forums and workshops 53 response to an electricity rule request Figure 17 Employees by role 54 Table C Electricity rules under consideration 80 Figure 18 Employees by age 54 at 30 June 2018 Figure 19 Employees by status 55 Table D Gas rules made by the AEMC in 85 2017-2018 Figure 20 Employees by gender 55 Table E Gas rules under consideration at 86 Figure 21 Executive leadership team by gender 56 30 June 2018 Figure 22 Commissioners by gender 56 Table F Retail rules made by the AEMC 86 Figure 23 Staff turnover 56 in 2017-2018 Table G Retail rules under consideration 88 at 30 June 2018 Table H Market reviews and advice summary table 89 Table I Market reviews and advice completed 91 Table J Market reviews and advice current 97 at 30 June 2018
2 | AEMC ANNUAL REPORT 2017-2018 References
For consumers
We were established by the Council of Australian Governments to meet objectives enshrined in law which require us to focus on the delivery of secure, reliable energy at the best price for consumers.
We pursue energy market development that puts consumers first and resists pressure for measures that may impose greater costs on families and businesses.
As independent adviser to the nation’s energy ministers we take the long view on how to drive prices as low as possible because consumers need affordability as well as security and reliability.
AEMC ANNUAL REPORT 2017-2018 | 3 How energy markets are governed
The COAG Energy Council is made up of the nation’s energy Australian Energy ministers. They provide Market Commission national leadership Rule maker, market on energy market developer and expert development which is COAG adviser to governments so important for the Energy Council Protects consumers and health of the national achieves the right trade-off economy. between cost, reliability and security.
AEMC Projects
CO THE AG Y C ENERG OUNCIL
M A A U R S T D K R Y E R A G A T R L O C E I B O A N M N E Y
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N A E U R R The Energy R E O S N T rules and reviews were undertaken this G T E A Y RA N R Security Board R LI IA E 78 E A L P + G N RA O year above and beyond work to support UL UST ET was established by the AT A RK OR MA COAG Energy Council to the Energy Security Board coordinate implementation of recommendations from the Independent Review into the Future Security of the National Electricity Market (Finkel Review). AEMO AER
Australian Energy Market Operator Australian Electricity and gas Energy Regulator systems and market Economic regulation operator and rules compliance Works with industry Polices the system to keep the lights on. and monitors the market.
4 | AEMC ANNUAL REPORT 2017-2018 The COAG Energy Council is made up of the nation’s energy Australian Energy ministers. They provide Market Commission national leadership Rule maker, market on energy market developer and expert development which is COAG adviser to governments so important for the Energy Council Protects consumers and health of the national achieves the right trade-off economy. between cost, reliability and security.
AEMC Projects
CO THE AG Y C ENERG OUNCIL
M A A U R S T D K R Y E R A G A T R L O C E I B O A N M N E Y
T M E E I N
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N A E U R R The Energy R E O S N T rules and reviews were undertaken this G T E A Y RA N R Security Board R LI IA E 78 E A L P + G N RA O year above and beyond work to support UL UST ET was established by the AT A RK OR MA COAG Energy Council to the Energy Security Board coordinate implementation of recommendations from the Independent Review into the Future Security of the National Electricity Market (Finkel Review). AEMO AER
Australian Energy Market Operator Australian Electricity and gas Energy Regulator systems and market Economic regulation operator and rules compliance Works with industry Polices the system to keep the lights on. and monitors the market.
AEMC ANNUAL REPORT 2017-2018 | 5 Performance summary
Rule changes, reviews, and advice started and completed 94 38 972 37 employees 17 leadership group forums and formal stakeholder meetings 33 workshops 20 2016-17 2017-18 10 78 21 projects AEMC by gender 19 15 798 Working faster – categories for completed submissions electricity and gas rule changes
35 Rule changes initiated Rule changes completed 30 Reviews and advice started Reviews and advice completed 25 55% 45% female male 20 Projects completed and underway 15 2493 78 statements submitted 10 80 by Solar Citizens in relation to the 5 distribution market model project 70 67 0 2015-16 2016-17 2017-18 59 Expedited Fast tracked Standard 60 Annual expenditure within budget Actual expenses (target+/-5%) Starting rules faster after stakeholders 50 send us requests 35 40 35 30 30 30 1% 25 30 depreciation 18 18 20 % 14 20 37 15 16 supplies and % 10 % 62 10 0.2 services employee 5 3 benefits expense 0 0 2014-15 2015-16 2016-17 2017-18 2015-16 2016-17 2017-18
All requests Initiated within four months Projects
6 | AEMC ANNUAL REPORT 2017-2018 Rule changes, reviews, and advice started and completed 94 38 972 37 employees 17 leadership group forums and formal stakeholder meetings 33 workshops 20 2016-17 2017-18 10 78 21 projects AEMC by gender 19 15 798 Working faster – categories for completed submissions electricity and gas rule changes
35 Rule changes initiated Rule changes completed 30 Reviews and advice started Reviews and advice completed 25 55% 45% female male 20 Projects completed and underway 15 2493 78 statements submitted 10 80 by Solar Citizens in relation to the 5 distribution market model project 70 67 0 2015-16 2016-17 2017-18 59 Expedited Fast tracked Standard 60 Annual expenditure within budget Actual expenses (target+/-5%) Starting rules faster after stakeholders 50 send us requests 35 40 35 30 30 30 1% 25 30 depreciation 18 18 20 % 14 20 37 15 16 supplies and % 10 % 62 10 0.2 services employee 5 3 benefits expense 0 0 2014-15 2015-16 2016-17 2017-18 2015-16 2016-17 2017-18
All requests Initiated within four months Projects
AEMC ANNUAL REPORT 2017-2018 | 7 Chairman and Chief Executive message JOHN PIERCE A ND ANNE PEARSON
Considering all ideas on their merits The AEMC’s focus for much of this year has been on fundamental changes to the energy market, such as the decision to move to five minute settlement, and the nuts and bolts progressive rule changes required to keep the power system secure and regulatory frameworks up to date.
We make the rules, but not in isolation. Power system security We engage and consult throughout the rule change process to address issues Power system security remains a here and now, but with an eye on the priority for the AEMC, and is important longer term. The forward-looking advice for building confidence in the system’s we give to governments is predicated ability to respond to operational on our critical thinking and analysis of dynamics brought about by the information, including that provided changing generation mix. by stakeholders. The integrity of the A key to an orderly restructure of the evidence is the direct route to delivering electricity sector is for the wholesale In this rapidly changing reliable, secure energy at the most revenue and costs of those operating environment the efficient price. We consider all ideas in the competitive parts of the sector on their merits, no matter where they knowledge and expertise to be linked to and reflect the physical come from. needs of a reliable power system. That is of our stakeholders is Contributing to broader discussions for these to reflect the value of electricity invaluable is imperative as we explore options when it is produced and consumed. for the grid of the future. The ability of This is the case when the contracts the power system and energy markets between market participants are written to deliver for consumers depends by reference to spot prices. on the cooperation of all interested With more people connecting energy stakeholders; and when we all do resources like solar PV, batteries and our jobs well, the whole is very much price-responsive appliances, the greater than the sum of its parts. regulatory framework must support
8 | AEMC ANNUAL REPORT 2017-2018 a more decentralised grid. Expanding frequency control are specific, targeted Lower prices and more distributed energy resources will be solutions which will help keep the system particularly important for network in a secure operating state. Key changes protection for consumers planning and operation, particularly include: Our annual review of retail energy when forecasting long-term user EXECUTIVE REPORT • managing the rate of change of power competition delivered a concerning demand and short-term energy flows, system frequency rule which makes report-card this year on retailer and how that might defer or avoid behaviour – with complex pricing plans, networks provide minimum levels network investment. conditional offers, and a general lack of inertia, and enabling networks of transparency preventing consumers Distributed energy resources can also to contract with suppliers to provide offer a range of benefits at distribution from gaining the maximum benefits inertia substitutes with AEMO network level, including opportunities possible in the market in terms of approval for consumers to lower their electricity competitive deals and services. It found bills. But they can also create new • managing power system fault that consumer confidence in energy technical challenges for distribution levels rule to keep the system retailers has been driven to new lows - a reality check telling everyone in the network service providers as they work stable by making networks provide sector they need to work better, faster to integrate these new technologies. minimum levels of system strength and more creatively to deliver One of our new rules has created a at key locations, and requiring new register of distributed energy resources for consumers. generators to pay for remedial action to give networks and the market if they affect system stability We have come through the period of operator, AEMO, greater visibility of higher prices following the closure of distributed energy resources so they • generating system model guidelines the Northern and Hazelwood generators can better manage these challenges. rule requiring generators and and higher gas commodity prices. Our annual electricity networks networks to provide more detailed Reforms are on foot to enable and economic regulatory framework review information about how their support innovation in both technology also looked at more ways to unlock equipment performs so AEMO and pricing. The AEMC recently made the potential of distributed generation. and networks have the right data the first rules in a package of reforms Later in 2018 we will start consultation to efficiently plan and operate the which will help customers deal with their on changes to how networks’ capital system. retailers: requiring notifications when and operating expenditure is assessed discounts end, and preventing plans and remunerated so they can efficiently This year we made another fundamental which only offer discounts on inflated solve local network capacity problems change to help the electricity wholesale rates. with the lowest cost mix of investment market ready for new technologies that and demand response. enable the power system to deliver for There is nothing preventing retailers from being more innovative and cost Our system security work program consumers in more dynamic ways. The five minute settlement rule aligns price competitive. A small number of them has recommended rule changes and are offering products and services which reviews to support the evolution of signals with the physical operational needs of the market to underpin use customers’ consumption data to a reliable and secure power system. help them find the best retail offer or We have completed many already, as investment in fast response technologies like batteries, new generation gas peaker optimise their solar-battery setup based reflected in our expanded work program on generation patterns. this year. Other key work, including the plants and demand response. With more review into coordination of generation wind and solar generation entering the But most have been slow to act and and transmission investment is still market, along with retirement of thermal there is more work to be done. underway. generators, there is an important role for fast response generation and services Rule changes are underway on We continue our focus on keeping to plug the gaps when the wind isn’t advance notice of price changes, the rules current to assist AEMO blowing and the sun isn’t shining. This more timely installation of meters and in managing the power system as will lead to more efficient operational allowing consumers to submit meter it changes, while keeping the cost decisions and investment and given that self-reads, and we will be progressing of transition as low as possible for wholesale costs make up one third of work to benchmark the support that consumers. The most recent reform a typical electricity bill this change can retailers provide to our most vulnerable package to help AEMO address be expected to lead to lower electricity consumers. It’s imperative that immediate system security issues prices than in a 30 minute settlement appropriate consumer protections are commenced in July 2018. These new market. in place, and that retailers do more to rules to maintain system strength and actively promote them, so vulnerable consumers and small businesses are not left behind.
AEMC ANNUAL REPORT 2017-2018 | 9 Retailers have an opportunity to start Reciprocal exchange rebuilding customer confidence and reverse the alienation caused by bill of ideas shock. People are adopting new The volume of work produced by technologies to source their own energy AEMC staff reached unprecedented We make the rules, but as solar PV becomes more financially levels this year. In 2017-2018 the not in isolation. beneficial for households and small organisation completed 15 reviews businesses. More than 1.8 million We engage and consult and 33 rule changes, the most rule Australian households are now using changes completed in a single year with an eye on the solar panels and this is expected to since our establishment. Another longer term continue, with solar costs forecast to 22 rule change requests and eight decline further. reviews were underway at 30 June This is good news for those who 2018. Consultation and engagement are able to engage with market on these projects involved almost one transformation and take matters into thousand meetings between our senior their own hands. At the same time it staff and stakeholders this year. We risks increasing costs for those who are recognise how fortunate we are in our unable to make those changes and have stakeholders’ willingness to commit time to stay on the traditional energy supply and resources to bring about lasting model. change. There is considerable scope to improve In this rapidly changing environment, customer experiences and outcomes in the knowledge and expertise of our the retail energy market. Retailers should stakeholders is invaluable. The AEMC offer prices, products and plans that are is very fortunate in this regard; experts more easily understood, and empower across the energy sector willingly consumers by giving them access dedicate their time to serve as members to data and technology to help them of the Reliability Panel; to be part of manage their energy usage. working and technical reference groups; to prepare detailed submissions on complex matters of policy; and to attend Making it easier to buy forums and workshops. Working with and sell gas our stakeholders we consider how changes to one part of the market will In 2017-2018 we continued to redesign affect other parts; how options that Australia’s gas markets to improve weren’t available a relatively short time competition and lower costs to ago may now be possible because of households and businesses. Through technological advancement or market our reviews, now being implemented by maturity and how regulatory frameworks the Gas Market Reform Group, we are can respond to new business models, establishing a new approach to trading technologies, and consumer needs. gas, supported by improved access to pipeline capacity and additional information. Timely reform We have also recommended changes When we receive a rule request where to the pipeline regulatory framework that problems and solutions are easily would help gas pipeline users negotiate identified, we make changes quickly. lower prices and better deals, making it Seventeen of the 33 rule changes were cheaper and easier to move gas around completed this year were expedited the market, allowing gas consumers or fast-tracked. But more complex to benefit from lower prices. To track changes warrant deeper consideration the benefits of our reforms as they are of the cause, costs, workability of the implemented, we will be monitoring proposed solution, and implementation the growth in liquidity in wholesale gas processes. Lasting change requires and pipeline trading markets every two genuine consultation and engagement, years. which we take very seriously.
10 | AEMC ANNUAL REPORT 2017-2018 Everyone has a part to play in making Analysis. These appointments add to the energy system and markets work. the AEMC’s strategic and analytical The energy sector’s governance capabilities, particularly in terms of framework itself is built on collaboration wide-ranging commercial experience between three market bodies – the and energy policy development. Seventeen of the 33 rule EXECUTIVE REPORT Australian Energy Market Operator, the The public policy conversation has changes we completed Australian Energy Regulator and the big questions to answer as new Australian Energy Market Commission. technologies and consumer choices this year were expedited The bodies also work together to advise drive structural change further into or fast tracked. At the the Energy Security Board. the energy sector. We look forward to working with all our new colleagues as same time more complex If stakeholders see something in we continue to produce rules and advice changes are given deeper the energy sector that isn’t working, to the high standards expected by our whether it’s a barrier for a particular new consideration stakeholders. technology or a problem with how the physical or financial market operates, We are grateful to all of you – staff the rule change process is there for and stakeholders alike – who have anyone to take the initiative to address it. worked indefatigably this year to deliver Anyone, except for the AEMC itself, can better outcomes for consumers in a submit a rule request and play an active challenging environment. As we look role in keeping the electricity market fit ahead to another transformative year for purpose. in energy, please know that we value your input, and remain staunchly committed to the strategic development Thanking our people and of Australia’s energy markets in the stakeholders long-term interest of the nation’s energy consumers, their families and The AEMC’s ability to deliver secure, businesses. least cost energy for consumers rests with the quality of our people. We have formulated a staff development program which helps AEMC staff cultivate the skills required to work independently, and build trusted relationships with our stakeholders. We also welcome new faces to the Commission and leadership team. In John Pierce 2018 the number of Commissioners CHAIRMAN expanded from three to a new total of five with the appointment of Ms Michelle Shepherd, Ms Allison Warburton and Mr Charles Popple. Mr Neville Henderson retired on 16 February 2018 and we recognise and thank him for Anne Pearson his contribution to the AEMC and the CHIEF EXECUTIVE Reliability Panel during his eight-year term as a Commissioner. Following the close of this reporting period we also announced two new appointments to the executive leadership team, Mr David Feeney to the position of Executive General Manager Retail and Wholesale Markets and Associate Professor Tim Nelson as Executive General Manager Economic
AEMC ANNUAL REPORT 2017-2018 | 11 Australia must have enough electricity available at the We are very focussed on least-cost solutions, bearing in mind lowest cost. We want to encourage the right amount of that the more costs you put into the system, the greater the investment in the power system’s long-term capacity so burden on consumers. The price of energy is one of the most the operator isn’t forced to intervene more than necessary important inputs to the economy and it’s important to develop with higher cost safety-net options. We are changing the a competitive market for new energy services so consumers framework to encourage the efficient adoption of new have more choices in managing their energy bills. We technologies and more transparent information so decisions understand the community as a whole is very committed made by market participants, the operator, regulators and to exploring new technologies and renewable options. Our policy makers are better informed. intention is not to hold this back, but to enable consumers We are also working on adapting the intervention framework to choose what they want without cost burdens that could including directions, instructions and strategic reserves so be avoided with better planning and more efficient practices. it is fit for the changing power system and only used when We also work to protect consumers, especially the most necessary. vulnerable, as the system changes. More people are connecting all sorts of equipment to their C distribution networks. These are called distributed energy • Reliability frameworks review R resources including batteries, rooftop solar, electric vehicles, and price-responsive appliances. Regulation is currently • Coordination of generation and transmission flexible enough to support this integration especially as major investment review E 201 changes in recent years have reduced network costs and • Reliability and Emergency Reserve Trader (RERT) rule AP 7 C -20 introduced cost-reflective pricing so people can make the • Generator three-year notice of closure rule DS 1 most of their investments. Our annual report on promoting • Annual market performance review 8 efficient investment in the grid of the future analyses how the N regulatory framework may need to change to support a grid • Reliability standard and settings review A L with more decentralised, local renewable generation. T Because of the C • Advance warnings to shop around before energy E technology revolution discounts finish rule J families and businesses • Stopping energy discounts that can leave customers O are not just electricity worse off rule R consumers. They can • Advance notice of price increases rule P be power producers. • Allowing self-meter reads to improve accuracy of Expanding renewable energy bills rule • Improving customer outcomes in retail energy generation is an markets review opportunity. It also • Electricity networks economic regulatory means we must change frameworks review how we manage the • Stronger protections for vulnerable customers rule system to keep it • Introducing maximum timeframes for meter installations rule working well.
As the generation mix changes we need new ways to control frequency when the wind stops blowing and the sun stops shining. Frequency varies whenever electricity supply does not exactly match consumer demand and uncontrolled changes in frequency can cause widespread Changing the way gas pipelines are regulated will make it blackouts. This year we have worked on an extensive package cheaper and easier to move gas around the market. This of new rules to enable new technologies and service providers helps keep gas and electricity prices for consumers as low as to provide frequency control services. The program will possible. Gas markets are transforming. Isolated develop over time in response to AEMO-led trials particularly point-to-point pipelines have evolved into an interconnected in relation to how new business models like virtual power network with two-way flows. This year we have built on our plants can be integrated. comprehensive reviews of the east coast and Victorian gas markets to rebalance negotiating power between pipeline users and owners • Frequency operating standards review • Generator technical performance standards rule • Register of distributed energy resources rule • Economic regulation of covered pipelines review • Frequency control frameworks review • Liquidity in wholesale gas and pipeline trading • Generating system model guidelines review markets review • Managing power system fault levels rule • Improving the natural gas bulletin board rule • Managing the rate of change of power system • Improved market parameters in the STTM rule frequency rule • Better decisions on unintended scheduling results rule
12 | AEMC ANNUAL REPORT 2017-2018 Australia must have enough electricity available at the We are very focussed on least-cost solutions, bearing in mind lowest cost. We want to encourage the right amount of that the more costs you put into the system, the greater the investment in the power system’s long-term capacity so burden on consumers. The price of energy is one of the most the operator isn’t forced to intervene more than necessary important inputs to the economy and it’s important to develop with higher cost safety-net options. We are changing the a competitive market for new energy services so consumers framework to encourage the efficient adoption of new have more choices in managing their energy bills. We technologies and more transparent information so decisions understand the community as a whole is very committed made by market participants, the operator, regulators and to exploring new technologies and renewable options. Our policy makers are better informed. intention is not to hold this back, but to enable consumers We are also working on adapting the intervention framework to choose what they want without cost burdens that could be avoided with better planning and more efficient practices. including directions, instructions and strategic reserves so EXECUTIVE REPORT it is fit for the changing power system and only used when We also work to protect consumers, especially the most necessary. vulnerable, as the system changes. More people are connecting all sorts of equipment to their C distribution networks. These are called distributed energy • Reliability frameworks review R resources including batteries, rooftop solar, electric vehicles, and price-responsive appliances. Regulation is currently • Coordination of generation and transmission flexible enough to support this integration especially as major investment review E 201 changes in recent years have reduced network costs and • Reliability and Emergency Reserve Trader (RERT) rule AP 7 C -20 introduced cost-reflective pricing so people can make the • Generator three-year notice of closure rule DS 1 most of their investments. Our annual report on promoting • Annual market performance review 8 efficient investment in the grid of the future analyses how the N regulatory framework may need to change to support a grid • Reliability standard and settings review A L with more decentralised, local renewable generation. T Because of the C • Advance warnings to shop around before energy E technology revolution discounts finish rule J families and businesses • Stopping energy discounts that can leave customers O are not just electricity worse off rule R consumers. They can • Advance notice of price increases rule P be power producers. • Allowing self-meter reads to improve accuracy of Expanding renewable energy bills rule • Improving customer outcomes in retail energy generation is an markets review opportunity. It also • Electricity networks economic regulatory means we must change frameworks review how we manage the • Stronger protections for vulnerable customers rule system to keep it • Introducing maximum timeframes for meter installations rule working well.
As the generation mix changes we need new ways to control frequency when the wind stops blowing and the sun stops shining. Frequency varies whenever electricity supply does not exactly match consumer demand and uncontrolled changes in frequency can cause widespread Changing the way gas pipelines are regulated will make it blackouts. This year we have worked on an extensive package cheaper and easier to move gas around the market. This of new rules to enable new technologies and service providers helps keep gas and electricity prices for consumers as low as to provide frequency control services. The program will possible. Gas markets are transforming. Isolated develop over time in response to AEMO-led trials particularly point-to-point pipelines have evolved into an interconnected in relation to how new business models like virtual power network with two-way flows. This year we have built on our plants can be integrated. comprehensive reviews of the east coast and Victorian gas markets to rebalance negotiating power between pipeline users and owners • Frequency operating standards review • Generator technical performance standards rule • Register of distributed energy resources rule • Economic regulation of covered pipelines review • Frequency control frameworks review • Liquidity in wholesale gas and pipeline trading • Generating system model guidelines review markets review • Managing power system fault levels rule • Improving the natural gas bulletin board rule • Managing the rate of change of power system • Improved market parameters in the STTM rule frequency rule • Better decisions on unintended scheduling results rule
AEMC ANNUAL REPORT 2017-2018 | 13 Overview
14 | AEMC ANNUAL REPORT 2017-2018 OVERVIEW National Electricity Law (NEL)
The AEMC undertakes reviews and provides the COAG Energy Council with advice on improvements to the design of regulatory and energy market arrangements that will benefit consumers in accordance with the national energy objectives. National We also make and amend rules under the Gas Law (NGL) National Electricity Law (NEL), the National Gas Law (NGL) and the National Energy Retail Law (NERL).
National Energy Retail Law (NERL)
AEMC ANNUAL REPORT 2017-2018 | 15 Overview
NATIONAL ELECTRICITY MARKET (NEM) What we do
Reviews and advice Rule making The Australian Energy Market The AEMC undertakes reviews and The AEMC makes and amends rules provides the COAG Energy Council under the National Electricity Law (NEL), Commission is progressing with advice on improvements to the the National Gas Law (NGL) and the reforms that allow consumers to design of regulatory and energy market National Energy Retail Law (NERL). arrangements in accordance with the access efficiently priced energy These rules: national energy objectives which go delivered by secure and reliable to serving the long-term interests of • impact on how market participants systems. consumers. In conducting our reviews can operate in the competitive and preparing advice we consult widely wholesale generation, gas and retail on matters which are related to the sectors progress of the COAG Energy Council’s energy reform agenda. Many of our • provide specific rights for consumers reviews arise from terms of reference to whom energy is sold or supplied provided by the nation’s energy • govern the economic regulation ministers, but we can also initiate of electricity transmission and our own reviews on matters related distribution services – the ‘poles and to the rules. wires’ – and gas pipelines. The AEMC regularly monitors and The AEMC cannot propose rules (except reports on a range of matters including for minor changes such as corrections). the level of competition in energy retail However any stakeholder including markets, future residential electricity governments, industry participants price trends, and energy market and consumers can request rule performance. The Reliability Panel, changes. Our rule making test, the which forms part of the AEMC’s central focus of which is the long-term institutional arrangements, reviews interests of consumers, contributes and reports on the safety, security to greater regulatory predictability and reliability of the national electricity and transparency of the rule making system. process. We also understand the impact on The South Australian Parliament recently the energy sector of policies outside passed legislation1 that amends the the energy market portfolio – such as National Energy Laws to give the South emissions reduction policies – and Australian Minister the power to make highlight any issues in our advice to rules on the recommendation of both help promote integrated and consistent the COAG Energy Council and the policy outcomes. Energy Security Board.
1 See the Statutes Amendment (National Energy Laws) (Rules) Act 2018.
16 | AEMC ANNUAL REPORT 2017-2018 Electricity markets The AEMC also makes rules that cover The mobile phone sector, generally the economic regulation of natural gas viewed as an effectively competitive The national electricity market is pipelines which are covered under the market, has had price deregulation the wholesale electricity market for National Gas Law and, under the new in place for more than two decades. the electrically connected states and Part 23 of the National Gas Rules, rules In contrast, Victoria has had price territories of eastern and southern which relate to information disclosure deregulation in place for less than a Australia – Queensland, New South and arbitration for non-covered decade, New South Wales deregulated Wales, the Australian Capital Territory, pipelines. prices less than five years ago, and Victoria, South Australia and Tasmania. south east Queensland only two Western Australia has adopted a years ago. The Northern Territory and Western modified version of the National Gas Australia are not physically connected to Law. Some AEMC amendments to the The retail energy market will continue to the national electricity market and have National Gas Rules apply in Western evolve in the coming years as consumer their own electricity systems although Australia in relation to certain covered preferences about managing their OVERVIEW the Northern Territory has adopted parts pipelines. energy usage change, and technology of the national electricity market’s rules improves. framework. On 29 June 2018, the COAG Energy Council approved the legal and The AEMC became the rule maker in regulatory framework to implement the Northern Territory for parts of the the capacity trading reforms originally National Electricity Rules from 1 July recommended by the AEMC in its 2016. This follows the adoption of the east coast wholesale gas market and National Electricity Law as a law of the pipeline frameworks review. The Gas Northern Territory in 2015. Market Reform group was responsible The Northern Territory has adopted for leading the design and development the rules that regulate access to the of the reform package. Although the network, set revenues that networks AEMC recommended that these reforms can recover, set out arrangements also be implemented in the Northern The energy sector is Territory, at the request of the Northern for connections to the network, and not static. There will regulate metering. The national rules Territory Government, the COAG Energy apply to the Darwin, Katherine, Tennant Council in July 2018 agreed to delay the be different challenges Creek and Alice Springs electricity application of the day-ahead auction reform in the Northern Territory. tomorrow and regulation networks. will need to adapt As the Northern Territory is not physically connected to the national electricity Retail markets market, the rules include amendments Energy retail markets provide the to recognise the differences for a interface between retailers and their non-interconnected network, within an customers. They allow energy retailers to overarching and uniform set of national sell electricity, gas and related services rules. to residential and business customers. Western Australia is not physically Retail markets provide the frameworks connected to the national electricity to support retail competition, including market and has its own electricity allowing consumers to choose between system. competing retailers, and balancing and reconciliation services such Gas markets as managing the daily allocation of gas usage to retailers to enable the The AEMC makes National Gas Rules settlement of gas supply contracts. which apply to three types of wholesale gas markets: gas supply hubs, short Competitive retail markets with term trading market hubs and the appropriate consumer protections declared wholesale trading market in provide a basis for innovation, consumer Victoria. These markets are operated choice and competitive pricing, but it is by AEMO with separate price-setting important to recognise that Australia’s arrangements. retail energy market is still maturing.
AEMC ANNUAL REPORT 2017-2018 | 17 Guiding principles
National energy objectives The National Energy Retail Objective governments, consumers and market (NERO) participants to promote dialogue and The AEMC is established under the “The objective of this Law is to promote understanding. We value different Australian Energy Market Commission efficient investment in, and efficient perspectives and welcome meaningful Establishment Act 2004 and makes operation and use of, energy services debate on energy market issues. We rules and conducts reviews under for the long term interests of consumers share our knowledge, and empower the National Electricity Law (NEL), of energy with respect to price, quality, those who look to us for advice. the National Gas Law (NGL) and the safety, reliability and security of supply Engagement is at the core of everything National Energy Retail Law (NERL). of energy.” we do. We aim to build and maintain We must have regard to the National strong relationships with stakeholders Electricity Objective (NEO), the National The National Gas Objective (NGO) and we value their input to our rule “The objective of this Law is to promote Gas Objective (NGO), and the National making and strategic advice to efficient investment in, and efficient Energy Retail Objective (NERO) – the governments. We focus on pursuing operation and use of, natural gas national energy objectives. Each of these opportunities for consultation and services for the long term interests of describes the objective of the relevant expanding the range of organisations, consumers of natural gas with respect law to be the achievement of economic groups and individuals with whom we to price, quality, safety, reliability and efficiency in the long-term interests of collaborate. consumers. security of supply of natural gas.” Integrity speaks to the respect we have The AEMC may only make a rule, or a for our stakeholders, our high standards recommendation, if it is satisfied that Our mission, vision and of impartiality, objectivity and the it will or is likely to contribute to the values transparent processes that frame the achievement of the relevant objective. work we undertake. An ethical, reliable Mission and consistent approach is paramount The National Electricity Objective (NEO) To improve consumer outcomes from in all our dealings with governments, “The objective of this Law is to promote the strategic development of energy industry and consumers. efficient investment in, and efficient markets, through rules and advice. operation and use of, electricity services for the long term interests of consumers Vision of electricity with respect to: Flexible and resilient markets that benefit a) price, quality, safety, reliability and consumers. security of supply of electricity; and Values b) th e reliability, safety and security The shared values of the AEMC are of the national electricity system.” leadership, engagement and integrity. Each of us seeks to reflect those values in how we act and discharge our functions. Leadership reflects our desire to foster and support informed debate on energy market development. We engage with
18 | AEMC ANNUAL REPORT 2017-2018 Organisation chart
Commissioners
John Pierce ir
Charles Popple Michelle Brian Spalding Allison OVERVIEW i i er Shepherd i i er Warburton i i er i i er
Reliability Audit & Risk Panel Committee
Executive leadership team
Anne Pearson ie e ive
Suzanne Falvi Kris Funston Tricia Khoo Gayee McGrath e ive e er er e ive e er er i i r er e ive e er e ri e i i i e i e e i i ervi e er r e e e re
Richard Owens Alan Rai Catriona Webster e ive e er er e ive e er er e er e r i i r e e ver e i ri i e w r i i
AEMC ANNUAL REPORT 2017-2018 | 19 AEMC Commissioners
Mr John Pierce AO Mr Charles Popple Commissioner AEMC Commissioners are Commissioner appointed by Australia’s state, Mr John Pierce was appointed as the Mr Charles Popple was appointed as a Chairman of the AEMC on 2 June 2010 part time Commissioner of the AEMC territory and federal governments and re-appointed on 2 June 2015. He on 17 February 2018. He has spent to make the rules under the has worked at the most senior levels more than four decades in the energy national energy laws, and to of policy development and advised network sector. In the 1990s he played ministers, cabinets and the Council a significant role in the development of advise governments on overall of Australian Governments. Mr Pierce the national electricity market including energy market development. is a former Secretary of the Federal reform of the network sector and the Department of Resources, Energy and implementation of transmission system The five Commissioners’ Tourism, a former Chairman of NSW planning and pricing arrangements. qualifications and experience Treasury Corp and served for more He has held management roles with encompass engineering, financial, than a decade as Secretary of the New Victorian Power Exchange, VENCorp, economic, legal and commercial South Wales Treasury. Prior to his time SPI PowerNet and SP AusNet. As a expertise. We welcomed three new with Treasury, his energy business and consultant, his focus was on energy Commissioners in 2018. Mr Charles operational experience was at Pacific markets and regulatory arrangements, Popple, Ms Allison Warburton and Power and the Electricity Commission with a view to achieving a balance Ms Michelle Shepherd joined Dr of NSW. Mr Pierce is a member of the between security, environmental Brian Spalding and AEMC Chairman UNSW Australian School of Business challenges, and competitive pricing Mr John Pierce AO. A two-thirds (ASB) Advisory Council and Macquarie and products for energy consumers. majority of the COAG Energy Council University’s Industry Advisory Board, Charles has a Bachelor of Engineering is now required to confirm a new Department of Economics. John is from Monash University and a Master Commissioner appointment. currently Adjunct Professor in the Office of Engineering Science in power system of the Pro Vice Chancellor (Business), engineering from the University of Mr Neville Henderson retired on Griffith University. From 2010 to 2012 he Melbourne. 16 February 2018 and we recognise served as Panel Chair of the Electricity and thank him for his contribution to Supply Industry Expert Panel which energy market reform, the Australian conducted a comprehensive review Energy Market Commission and the of the development of Tasmania’s Reliability Panel during his eight-year electricity industry. Mr Pierce holds a term as a Commissioner. Bachelor of Commerce with Honours from the University of New South Wales.
20 | AEMC ANNUAL REPORT 2017-2018 Ms Michelle Shepherd Dr Brian Spalding Ms Allison Warburton Commissioner Commissioner Commissioner OVERVIEW Ms Michelle Shepherd was appointed as Dr Brian Spalding was appointed as a Ms Allison Warburton was appointed a part time Commissioner of the AEMC part time Commissioner of the AEMC as a part time Commissioner of the on 11 June 2018. She has more than on 19 April 2010 and re-appointed AEMC on 12 March 2018. She has 20 years’ experience in energy policy on 19 April 2013 and 19 April 2016. worked in the energy sector for more and regulation in both the private and He has held key implementation and than 20 years, advising energy users, public sectors and has been involved operational roles in national and state governments and major corporations in energy market development across electricity markets since their inception. on energy policy and legislation. Australia. Before her appointment she He was Chief Executive Officer of the Allison was previously a partner and was the General Manager Regulatory National Electricity Market Management national head of Minter Ellison’s climate and Government Affairs at Alinta Energy Company (NEMMCO) where he was change and renewables practice, for six years where she was actively responsible for the operation of the and has been involved in emissions involved in energy policy reform and national electricity market and power reduction and clean energy projects, the commercial implementation of system for south and eastern Australia. and advised on the renewable energy policy changes nationally. Prior to Alinta Prior to joining the AEMC he was target, the Emissions Reduction Fund Energy, Michelle spent nearly 10 years at Executive General Manager Operations and other legislative schemes to report AGL where she played a key role in the at the Australian Energy Market on and reduce emissions. In 2016 she development of regulatory frameworks Operator. Dr Spalding holds a Bachelor was appointed by the Queensland across Australia. Michelle has also of Science, a Bachelor of Engineering Government to its independent worked for the Australian Competition with First Class Honours and a PhD Renewable Energy Expert Panel to and Consumer Commission, UK in Power System Analysis from the advise on credible pathways to achieving Competition Commission and the University of New South Wales. the government’s renewable energy Federal Department of Finance. Michelle target. She served as a non-executive has strong board experience and a director of Stanwell Corporation until focus on governance. She is currently January 2018 and previously advised the Vice President (Deputy Chair) of the the Australian Greenhouse Office YMCA WA. She held a directorship on on developing new laws to regulate the board of REMCo when it operated geological carbon capture and storage. the Western Australian gas market. Allison has a Bachelor of Arts and a She holds a Bachelor of Commerce Bachelor of Laws with Honours from from Curtin University and a Bachelor the University of Queensland and is a of Applied Economics from Murdoch Member of the Australian Institute of University and is a graduate of the AICD Company Directors, the Queensland Company Directors Course. Law Society and the Law Council of Australia.
AEMC ANNUAL REPORT 2017-2018 | 21 AEMC executive leadership team
Ms Anne Pearson Dr Kris Funston Chief Executive Executive General Manager, Our executive general Retail and Wholesale Markets managers set the agenda for the Ms Pearson was appointed as Chief Executive of the AEMC in February Dr Funston leads the team responsible organisation and are accountable 2016, bringing organisational leadership for reviews and rule changes relating for its operating principles. They capabilities, and a breadth of industry to the competitive parts of Australia’s and regulatory experience to the role. develop and implement the electricity and gas sectors. He brings Prior to her appointment she served as wide-ranging commercial experience organisation’s strategy and direct Senior Director, Market Development, to the role, having worked in economic our rule-making and review with responsibility for directing reviews regulation and competition across a and rule determinations to facilitate functions. number of different sectors including the energy sector’s adjustment to water, telecommunications and energy. technological change and consumer As energy market transformation Dr Funston’s previous roles include responses in a carbon-sensitive world. continues to result in a significantly Manager, Competition and Regulation Before joining the Commission in 2007, increased workload for the AEMC, for Sydney Water, Australia’s largest Ms Pearson’s roles included Executive our leadership team’s focus on water utility, Senior Regulatory Manager Manager of Retail Regulation at the most effective use of available for Telstra, and Deputy Chief Economist EnergyAustralia and corporate mergers resources has enabled us to continue at the New Zealand Commerce and acquisitions at law firms Freehills to meet commitments to our Commission. Dr Funston holds a and Deacons. She holds a Bachelor stakeholders. PhD in Economics and a Bachelor of of Arts and a Bachelor of Law with Economics with Honours, both from the Honours from the University of Sydney. Australian National University.
Ms Suzanne Falvi Ms Tricia Khoo Executive General Manager, Financial Controller Security and Reliability Ms Khoo joined the AEMC in 2017 and Ms Falvi leads the team responsible is responsible for the finance function. for reviews and rule changes relating Her most recent role prior to joining to system security and reliability which the AEMC was as Financial Controller have been a key focus for the energy at Intoll (now CPPIB Australia) where market bodies in the past three years. she managed finance, compliance and She also leads the Reliability Panel company secretarial functions for the secretariat. She previously worked holding structures of their infrastructure as a senior policy adviser for the ACT and real estate investments in Australia Government in their energy policy and Canada, and for legacy entities team, as in-house counsel in a solar in Bermuda and Luxembourg. She technology research and development was also involved in investment and company, and for Minter Ellison divestment activities, including project specialising in competition, energy, funding and finance restructuring, administrative law and commercial during that time. She previously held litigation. She holds a Bachelor of financial reporting roles at AMP and Economics, a Bachelor of Law with Babcock and Brown Power. Tricia holds Honours and a Master of Laws in a Bachelor of Commerce from the International Law from the Australian University of Sydney and is a qualified National University. Chartered Accountant.
22 | AEMC ANNUAL REPORT 2017-2018
Ms Gayee McGrath Dr Alan Rai Ms Catriona Webster Executive General Manager, Executive General Manager, General Counsel People and Culture Strategy and Economic Analysis Ms Webster leads the team which Ms McGrath has been working with (Acting) provides and coordinates support to the AEMC since 2016, and is currently the Commission on legal, regulatory
Alan was appointed acting head of OVERVIEW and governance matters, and drafts the head of People and Culture, the the AEMC’s Strategy and Economic amendments to the national energy team responsible for organisational Analysis division in December 2017. rules. She has more than a decade of culture, professional development and He was previously a director in the experience in providing legal advice on recruitment. Ms McGrath’s background AEMC’s Retail and Wholesale Markets energy market and regulatory matters. is in executive management; she team. Prior to joining the AEMC in Before joining the Commission, Ms previously worked as Executive General September 2015, Alan was an economic Webster was a corporate counsel for Manager for CiEvents, a global strategic consultant to a range of Hunter-based The Marketplace Company where she event management agency, and spent private and public sector businesses worked on full retail competition in gas 16 years with Qantas in senior executive including energy companies and NSW markets and assisted with the transition roles. Ms McGrath has qualifications in government agencies. Alan started his of those markets from jurisdictional business studies, and certifications in career at the Reserve Bank of Australia gas market operators to the Australian leadership, executive management and in the domestic and international Energy Market Operator in 2009. She human resources. financial markets divisions. He was holds a Bachelor of Arts from the an energy economics consultant at University of Adelaide and a Bachelor of the CSIRO, consulting to businesses Law with First Class Honours from the involved in all aspects of the national University of Sydney. electricity market. Alan has an Honours degree in Economics and Commerce from Macquarie University, and a PhD in Economics from the University of New South Wales. The previous executive general manager in this position, Chantelle Bramley, left the organisation in December 2017. Mr Richard Owens Executive General Manager, Transmission and Distribution Networks Mr Owens leads the AEMC team responsible for reviews and rule changes relating to the operation and economic regulation of electricity and gas networks. He was appointed an associate utilities commissioner for the Northern Territory Utilities Commission from 6 April 2018. He was a member of the taskforce for the Finkel review into the future security of the national electricity market, and previously worked as a regulatory and competition lawyer at DLA Phillips Fox and Chapman Tripp, and as principal legal advisor for the New Zealand Ministry of Economic Development. Mr Owens holds a Bachelor of Law with First Class Honours from New Zealand’s University of Canterbury, and a Master of Laws from the University of Leuven in Belgium. AEMC ANNUAL REPORT 2017-2018 | 23 Work program 2017-2018
24 | AEMC ANNUAL REPORT 2017-2018 78 projects WORK PROGRAM WORK
Reviews and advice 15 completed
8 underway 23 at 30 June
Rules 55 33 completed 22 underway at 30 June
AEMC ANNUAL REPORT 2017-2018 | 25 Projects
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