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

In these regulations—

Act means the National Electricity (South Australia)

Act 1996;

appointing authority, in relation to a scheme entity, means—

the Minister; or

the Scheme Administrator; or

another person or body acting under regulation 9(5), that has appointed the scheme entity under regulation 9;

authorised fund expenditures means a matter specified in a particular paragraph under regulation 21(8);

capacity commitment means—

an indication by a recognised electricity entity in an NOI to provide long duration dispatchable electricity capacity at a specified level over a commitment period; or

a commitment by a long duration capacity provider to provide long duration dispatchable electricity capacity at a specified level under a FERM contract;

contribution determination means a contribution determination made under regulation 27 (including as varied under regulation 28);

contribution notice means a contribution notice under regulation 29;

deemed FERM contract means a contract to which regulation 26 applies;

existing designated electricity entity means a person—

who is registered by AEMO as a Generator or Integrated Resource

Provider; or

who falls within another category of Registered participants brought within the ambit of this definition by a determination made by the

Minister;

FERM contract means a contract under

Part 5 for the provision of long duration dispatchable electricity capacity (including a deemed FERM contract);

FERM Scheme Amount means—

an amount payable by a TNSP under a contribution notice or initial contribution notice; or

an amount to be returned to a TNSP under a contribution notice;

Financial Vehicle means a person or body appointed to carry out scheme financial functions;

Firm Energy Target—see regulation 7;

Fund means the Fund established under

Part 4;

initial contribution notice means an initial contribution notice under regulation 30;

long duration capacity provider means a person—

who is—

an existing designated electricity entity capable of providing long duration dispatchable electricity capacity; or

a new designated electricity entity expected to be capable of providing long duration dispatchable electricity capacity; and

who is recognised by the Minister from time to time as being an entity suitable to be a participant in the scheme after taking into account any criteria specified in the Minister's guidelines;

long duration dispatchable electricity capacity means dispatchable electricity capacity with a minimum of 8 hours of continuous rated output;

Minister's guidelines means the guidelines made by the Minister under regulation 8;

NER means the National Electricity

Rules;

new designated electricity entity means a person—

who is required or intends to be registered by AEMO as a Generator or Integrated Resource Provider (other than, for the purposes of this paragraph, an existing designated electricity entity); or

who is recognised by the Minister as being equivalent to a new designated electricity entity on account of the substantial replacement of existing assets;

NOI means a notice of intention under regulation 22;

OEM functions means functions under Part 8AA of the National Electricity (South Australia)

Law as applying in this jurisdiction;

recognised electricity entity means an existing designated electricity entity that falls within the definition of long duration capacity provider;

regulated entity means a Market Participant or other person to whom the scheme applies but does not include a scheme entity;

relevant day, in relation to a transitional FERM contract or a deemed FERM contract—see regulation 25 or

26;

the scheme means the scheme established by these regulations (other than Part 10) in relation to the provision of long duration dispatchable electricity capacity;

scheme administration functions—see regulation 10;

Scheme Administrator means a person or body appointed to carry out scheme administration functions;

scheme entity means a person or body appointed under regulation 9 (including a person or body appointed under regulation 9(5));

scheme financial functions—see regulation 12;

scheme functions means—

any scheme administration functions; or

any scheme regulation functions; or

any scheme financial functions;

scheme regulation functions—see regulation 11;

Scheme Regulator means a person or body appointed to carry out scheme regulation functions;

Scheme Regulator's guidelines means the guidelines made by the Scheme Regulator under regulation 37;

scheme regulatory year means a regulatory year in respect of which a TNSP proposes—

to recover a FERM Scheme Amount from its Transmission Customers;

or

to return a FERM Scheme Amount to its Transmission

Customers;

TNSP means a transmission network service provider who owns, controls or operates a transmission system within the

State;

transitional FERM contract means a contract entered into under regulation 25;

transition period means the period commencing on the commencement of these regulations and ending on 31 December

2026.

A reference in these regulations to a scheme entity performing a particular function will be taken to include a reference to any scheme entity that has been appointed to perform that function.

A reference in these regulations to the performance of a function includes a reference to the exercise of a power or the discharge of a duty related to that function.

A reference in these regulations to a Market Customer is a reference to a Market Customer who operates within the South Australian region of the NEM.

Words and expressions used in the National Electricity (South Australia) Law or the NER and in these regulations have the same respective meanings in these regulations as they have in that Law or the NER.