National Electricity (South Australia) (Firm Energy Reliability and Orderly Exit Management) Regulations 2025

This regulation applies if—

a recognised electricity entity has indicated in an NOI that the entity intends to withdraw from or exit the NEM or otherwise cease to provide long duration dispatchable electricity capacity during the commitment period to which the NOI relates; or

a recognised electricity entity provides advice that the entity is, or is expected to be, in breach of a capacity commitment indicated in an

NOI.

The Minister may, on account of the circumstances specified in subregulation (1), direct the Scheme Administrator to enter into negotiations with the recognised electricity entity for the provision of long duration dispatchable electricity capacity.

The Scheme Administrator may, at the end of negotiations under subregulation (2) and after taking into account any requirements specified by the Minister's guidelines or in a direction of the

Minister under this regulation, and after consulting with the Minister, recommend to the Financial Vehicle that a contract be entered into with the recognised electricity entity for the provision of long duration dispatchable electricity capacity.

The Financial Vehicle may, on the basis of a recommendation under subregulation (3), enter into a contract with the recognised electricity entity for the provision of long duration dispatchable electricity capacity.

The Financial Vehicle must ensure that any contract entered into under this regulation is consistent with any relevant requirements or terms specified by the Minister's guidelines or in a direction of the Minister under this regulation.

A recognised electricity entity who is a party to a contract under this regulation must comply with a capacity commitment specified in the contract in accordance with the terms of the contract.

If a recognised electricity entity enters into a contract under this regulation—

any capacity commitment under the relevant NOI ceases to apply;

and

the recognised electricity entity will be taken not to have breached any capacity commitment under the NOI.