This submission is in response to the proposed rule change to refine the role and scope of the Australian Energy Market Operator (AEMO) in deciding whether to suspend a market participant from the energy market when they enter into external administration. To date, a market participant is suspended from the market by default when placed under administration. The proposed rule change argues there may be benefits to the market to allow a party under external administration to remain in the market. PIAC is supportive of providing AEMO with greater discretion and recommends that the Australian Energy Regulator (AER) review the Retailer of Last Resort (ROLR) process to ensure that the ROLR procedures can flexibly deal with a retailer operating under external administration. PIAC also recommends that retailers that are allowed to continue operating should still adhere to the provisions under the National Energy Customer Framework (NECF), and that the AER is able to issue infringement notices if a NECF provision is breached.
