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

The Scheme Regulator must, before 1 March in each year, in respect of each TNSP, make a determination (a contribution determination) as to the amount of money that is to be paid into or out of the Fund for the following regulatory year (the relevant regulatory year).

A contribution determination must specify—

the amount (if any) that is to be recovered from each TNSP for the relevant regulatory year; and

the amount (if any) that is to be returned to each TNSP for the relevant regulatory year; and

a minimum prudent cash balance to be retained in the

Fund.

In making a contribution determination, the Scheme

Regulator—

will consult with the scheme entities to the extent specified by the Scheme Regulator's guidelines; and

must take into account the following:

the need to limit the variability in contribution determinations within a regulatory year (if relevant);

the need to limit the variability in contribution determinations from year to year;

the equitable allocation of amounts payable under the contribution determination between TNSPs (after applying any principles, methodologies or approaches specified by the Scheme Regulator's guidelines);

the need for the Financial Vehicle to be able to meet its liabilities as they fall due;

the extent to which there is surplus money in the Fund after taking into account payments that must be made from the Fund in relation to the relevant regulatory year;

information provided by the other scheme entities in connection with the making of the determination; and

will take into account any other matter specified in the Scheme

Regulator's guidelines; and

may take into account any other matter considered relevant by the

Scheme Regulator.

To the extent to which subregulation (3)(b)(v) applies, the Scheme Regulator may apply (in whole or in part) a surplus by doing 1 or both of the following:

reducing the amount payable by a TNSP under the scheme in a particular regulatory year;

returning an amount to a TNSP in a particular regulatory year, with any amount under this subregulation being applied on an equitable basis between the TNSPs to which the scheme applies (and after applying any principles, methodologies or approaches specified by the Scheme

Regulator's guidelines).

The extent to which the Scheme Regulator acts under subregulation (4) is at the discretion of the Scheme

Regulator having regard to the minimum prudent cash balance to be retained in the Fund and any other matter considered relevant by the Scheme

Regulator.

The Scheme Regulator may require a TNSP to provide information specified by the Scheme Regulator for the purposes of making a contribution determination.

A TNSP must comply with a request under subregulation (6) within a period specified by the

Scheme Regulator.

The Scheme Regulator must ensure that a contribution determination made under this regulation is published on a website determined by the Scheme

Regulator.