Consideration of application
17 Consideration of application
The
Commission must consider an application for the issue of a licence and may, subject to this Division, issue, or refuse to issue, the licence.
The
Commission must have regard to the general factors specified in Part
2 of the Essential
Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that—
the applicant is a suitable person to hold the licence; and
the issue of the licence will not result in the same person holding both a licence authorising the operation of a distribution network and a licence authorising retailing of electricity; and
in the case of a licence authorising the generation of electricity—the generating plant (or proposed generating plant) will generate electricity of the appropriate quality for the relevant transmission or distribution network; and
in the case of a licence authorising the operation of a transmission or distribution network—the network has (or the proposed network will have) the necessary capacity for transmitting or distributing electricity safely; and
in the case of a licence authorising retailing of electricity—the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale of electricity; and
in the case of a licence authorising system control over a power system—the applicant will be able to adequately exercise system control functions; and
in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the regulations—the applicant meets any special requirements imposed by the regulations for the holding of the licence; and
in the case of a licence of any class—the grant of the licence would be consistent with criteria (if any) prescribed by regulation for a licence of the relevant class.
In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider—
the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and
the financial, technical and human resources available to the applicant;
and
the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and
other matters prescribed by regulation.
If—
a person carries on or proposes to carry on operations for which a licence is required as agent of another person; and
the agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and
the
Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent, the
Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly.
If an applicant for the issue of a licence is a Registered participant, as defined in the National
Electricity (South Australia) Law, the Commission may, in determining the application, in order to avoid duplication of, or inconsistency with, regulatory requirements under the National Electricity Rules, dispense with a requirement under this section that the Commission be satisfied as to a particular matter.
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