ensure that long range planning allows operational compliance with the voltage and reactive guidelines.
5.00 DISTRIBUTION AND RETAIL SALES CODE.
5.1.1 This Code is effective on a date to be determined by ERA.
5.2.1 The purpose of this Code is to regulate the following activities so that they are undertaken in a safe, efficient and reliable manner-
(a)
distribution of electricity by a licensee to its consumers;
(b)
connection of a consumer's electrical installation to the distribution system;
(c)
connection of embedded generating units to the distribution system;
(d)
connection of the distribution system to the transmission grid;
(e)
retail sales of electricity to consumers.
5.3.1 Each licensee and retail seller of electricity shall comply with this Code under its respective licence.
5.3.2 An embedded operator holding a generation licence, shall comply with this Code under its licence.
5.3.3 A person exempted from holding a generation licence or a retail sales licence shall comply with this Code if a condition of the exemption requires that person to do so.
5.3.4 Each consumer shall comply with this Code in relation to distribution or retail sales of electricity to electrical installations of the consumers.
5.3.5 Each owner or other person responsible for a supply address shall comply with this Code.
5.3.6 An agreement for the distribution of electricity between an embedded generator or licensee or an agreement for the sale of electricity between an embedded generator and a retail seller shall include as a term of the agreement an obligation that the embedded generator must comply with this Code.
5.4.1 Notwithstanding clause 5.3, a consumer is deemed to comply with this Code unless such consumer is expressly informed by the licensee of non-compliance or otherwise becomes aware of the non- compliance.
5.4.2 Where a breach of this Code by a licensee is found to be caused by a consumer not complying with this Code, the licensee is deemed to have complied with this Code unless the licensee does not act in accordance with Part 16 to seek the consumer's compliance.
5.5 Tenant's obligations.
5.5.1 Where a residential consumer has been notified of non-compliance in accordance with clause 16.2 and is unable to remedy the non- compliance as he or she is not the owner of the supply address, the consumer shall use his or her best endeavour to have the owner or other person responsible for the supply address fulfil the obligation.
5.5.2 Upon request, the consumer shall provide the licensee with evidence that he or she has notified the owner, or other person responsible of the non-compliance and of the requirement to comply with this Code.
5.6 Owner of a supply address' obligation.
5.6.1 Where a consumer's compliance with this Code is dependent on contribution by the owner or other person responsible for the supply address, the owner or that other responsible person is obliged to use his or her best endeavour to make it possible for the consumer's compliance.
5.7 Variation by written agreement.
5.7.1 A licensee or a consumer may seek a written agreement with the other party to expressly vary their respective rights and obligations under this Code.
5.7.2 If such agreement is sought, the consumer and the licensee shall negotiate in good faith.
5.7.3 An agreement entered into pursuant to this clause shall not reduce the rights or increase the obligations of a consumer without giving benefits of equal value, whether financial or otherwise.
5.7.4 The agreed variation in rights and obligations shall in no way inflict on safety regulations that apply to the installations.
5.8.1 ERA may review this Code on its own initiative or in response to a proposal by a licensee, consumer organisation or other interested party, with a view to identifying whether it would, if amended, better facilitate the achievement of the objectives specified in the Act.
5.8.2 Before conducting a review, unless ERA is satisfied on reasonable grounds that an amendment is urgently required, ERA shall ensure that-
(a)
all licensees, retail sellers, consumer organisations and other interested parties are given reasonable time, not less than thirty days to make representations to ERA concerning the proposed amendments; and
(b)
those representations are taken into account.
5.8.3 ERA shall notify all licensees, consumer organisations and other interested parties of any amendment ERA makes to this Code in accordance with this clause.
5.8.4 A licensee shall inform its consumers of any amendment to this Code which require any action to be taken by the consumers.
6.1 Good asset management.
6.1.1 A licensee shall use its best endeavour to-
(a)
assess and record the characteristics, location condition and performance of its distribution system;
(b)
keep its distribution installations well maintained to provide for a safe and reliable operation of the distribution system in compliance with safety regulations and other relevant regulations;
(c)
develop and implement plans for the construction, maintenance, operation, refurbishment and repair of its distribution system to economically-
(i)
meet reasonable consumer expectations of distribution services;
(ii)
comply with the laws and other performance obligations which apply to the provision of distribution services; and
(iii)
develop, test or stimulate and implement contingency plans to deal with events which have a low probability of occurring, but are realistic and would have a sustainable impact on consumers.
6.2.1 Clause 6.1.1 defines elements of good asset management which are designed to encourage innovation in the provision of distribution services and avoid a prescription of licensees' practices in detail. That notwithstanding, ERA may review a licensee's practices if there is a substantial decline in the quality or reliability of supply, or evidence of a significant risk that such a decline may occur in the future when compared to the licensee's historical performance and its performance targets.
6.3 Consumer's installation and equipment.
6.3.1 A consumer shall use its best endeavours to ensure that-
(a)
the consumer's electrical installation and any equipment within it-
(i)
complies with this Code;
(ii)
is maintained in a safe condition; and
(b)
protection equipment in the consumer's electrical installation is in compliance with safety regulations or requirements of the licensee within the framework of such standards.
6.3.2 A consumer shall use its best endeavours-
(a)
to ensure that the distribution system and the reliability and quality of supply to other consumers are not adversely affected by the consumer's actions or equipment; and
(b)
not to allow a supply of electricity to its electrical installation to be used other than at the consumer's premises nor supply electricity to any other person.
6.4 Licensee's equipment on consumer's premises.
(a)
not interfere, or allow interference, with any licensee's equipment installed in or on the consumer's premises; and
(b)
allow its licensee to provide and maintain on the consumer's premises any reasonable or agreed facility required to protect any equipment of the licensee.
6.4.2 If official identification is produced by the licensee's officers or agents on request, a consumer shall provide the licensee's officers or agents at all times with a safe, convenient and unhindered access to their equipment on the consumer's premises for any purposes associated with the supply, metering or billing of electricity or the inspection or testing of the consumer's electrical installation.
6.4.3 Where necessary the consumer shall provide safety equipment and appropriate safety instructions to officers or agents of the licensee to ensure safe access to the consumer's premises.
6.4.4 A licensee shall, in cases other than emergencies, use its best endeavour to access a consumer's premises at a time which is reasonably convenient to both parties.
7.0 CONNECTION OF SUPPLY.
7.1 Supply and metering equipment.
7.1.1 A licensee shall, in accordance with the licensee's specifications to be approved by ERA-
(a)
provide, install and maintain, in a manner which is sensitive to the environment and the amenity of the area, equipment for the supply of electricity up to the point of supply; and
(b)
provide, install and maintain standard metering and necessary ancillary equipment, at a suitable location to be provided by the consumer.
7.2 Existing connections.
7.2.1 Subject to clause 6.3 and a consumer meeting the requirements in clause 7.1.1, a licensee shall use its best endeavours to connect the consumer at a supply address previously supplied by the licensee as soon as it is practically possible.
7.2.2 The consumer shall-
(a)
make application in writing and provide acceptable identification as required by the licensee;
(b)
agree to pay the licensee's connection fee, the standing service fee and the electricity usage charges in accordance with the licensee's charge rates to be approved by ERA;
(c)
provide contact details for billing purposes;
(d)
if the request is made in respect of a rental property, provide contact details for the property owner or the owner's agent;
(e)
if required by the licensee, satisfy the licensee that necessary safe, convenient and unhindered access to the supply address, the meter and the electrical installation is available;
(f)
if required by the licensee, provide the licensee with estimated electrical load information for the consumer's proposed use of the supply address;
(g)
if required in accordance with Part 14.0 of this Code, provide a security deposit, or enter into a payment arrangement; and
(h)
not have an outstanding debt relating to a previous supply address (other than a debt the subject of a bona fide dispute, or for which repayment arrangements have been made).
7.2.3 The licensee shall connect the consumer's supply address only if the consumer's electrical facilities are in compliance with the applicable requirements for wiring.
7.2.4 Where augmentation of a licensee's network is required in order for the licensee to supply a consumer the licensee and the consumer's respective rights and obligations shall be determined in accordance with the licensee's applicable standards approved by ERA.
7.3.1 A licensee shall use its best endeavour to make supply available at a new supply address on the date agreed with the consumer, or where no date is agreed upon with the consumer, as soon as practically possible, provided that-
(a)
adequate supply is available at the required voltage at the boundary of a new supply address;
(b)
the consumer's electrical installation and any equipment within it-
(i)
complies with this Code or other applicable standards; and
(ii)
is installed properly and is in a safe condition;
(c)
the consumer satisfies the requirements in clause 7.3.2; and
(d)
conditions pertaining to way-leaves have been satisfied.
(a)
ensure that a Completion of Wiring Certificate from an electrician has been provided to the licensee;
(b)
if required by the licensee, satisfy the licensee that necessary safe, convenient and unhindered access to the supply address, the meter and the electrical installation is available;
(c)
if required by the licensee, provide the licensee with estimated electrical load information for the consumer's proposed use of the supply address;
(d)
agree to pay the licensee's connection fee, the standing service fee, and electricity usage charges, in accordance with the licensee's charge rates as approved by ERA;
(e)
provide contact details for billing purposes;
(f)
if required in accordance with Part 14.0 of this Code, provide a security deposit, or enter into a payment arrangement; and
(g)
not have an outstanding debt relating to a previous supply address (other than a debt the subject of a bona fide dispute, or for which repayment arrangements have been made).
7.4 Temporary connections.
7.4.1 Clause 7.3 applies to temporary connections. Costs related to supply, mounting, stripping and maintenance shall be provided before a temporary connection is established.
7.5.1 A consumer shall not-
(a)
allow electricity supplied by a licensee to the consumer's supply address to be used at another supply address;
(b)
take at the consumer's supply address, electricity supplied to another supply address;
(c)
supply electricity to any other person, except in accordance with a licence issued by ERA or an exemption granted under the Act;
(d)
tamper with, or permit tampering with, the meter or associated equipment;
(e)
bypass, or allow electricity supplied to the supply address to bypass the meter;
(f)
allow electricity supplied under a residential tariff to be used for non-residential purposes; or
(g)
allow electricity supplied under a specific purpose tariff to be used for another purpose.
7.6.1 Where a consumer has obtained supply otherwise than as permitted by this Code, the licensee may-
(a)
estimate the usage for which the consumer has not paid;
(b)
take debt recovery action for the unpaid amount; or
(c)
take action in accordance with Part 15.0 to disconnect supply to the consumer's premises.
7.6.2 Where a consumer's action in obtaining supply otherwise than as permitted by this Code results in damage to the licensee's equipment, the consumer may be liable for repair or replacement costs and the licensee may take action to recover such costs.
8.1.1 A licensee shall use its best endeavours to provide electricity supply in accordance with this Part of this Code.
8.2.1 The System Operator is responsible for the frequency of each licensee's distribution system, having an obligation under this Code to use reasonable endeavours to maintain system frequency at 50 Hz, subject to the allowable variations specified under this Code.
8.2.2 A licensee has no obligation in respect of the frequency of its distribution system beyond complying with the System Operator's instructions made pursuant to this Code.
8.3.1 Subject to clause 3.2.1, a licensee shall maintain a nominal voltage level at the point of supply to the consumer's electrical installation in accordance with the following standard nominal voltages-
(a)
240 V, (plus or minus 6%)
(b)
415 V, (plus or minus 6%)
(c)
11 kV, (plus or minus 10%)
(d)
33 kV, (plus or minus 10%)
8.3.2 Variations from the relevant standard nominal voltage listed in clause 8.3.1 may occur in accordance with the permitted percentages as indicated.
8.3.3 A licensee shall use its best endeavours to minimise the frequency of voltage variations as allowed under clause 8.3.1 for periods of less than one minute.
8.4.1 A licensee may send, in accordance with the established standard, signals for the following-
(a)
ripple control systems;
(b)
medium-frequency power line carrier systems; or
(c)
radio-frequency power-line carrier systems.
8.5.1 A consumer shall ensure that its demand for reactive power does not exceed the maximum level allowed by applying the power factor limits specified in the connection agreement to the consumer's maximum demand for apparent power or active power.
8.5.2 If the consumer's network tariff includes a charge for the maximum demand for apparent or active power, then for the purposes of this clause, the consumer's maximum demand for apparent or active power is to be taken to be the maximum demand for which it was most recently billed.
8.5.3 Notwithstanding clause 8.5.2, a consumer shall use its best endeavours to keep the power factor of its electrical installation within the relevant range set out in the connection agreement when the consumer's demand for active or apparent power is more than 50% of its maximum demand.
8.6.1 A licensee shall ensure that the harmonic levels in the voltage at point of common coupling nearest to a consumer's point of supply comply with the levels specified within the appropriate standard.
8.6.2 Subject to clause 8.5.1, a licensee shall comply with the IEEE Standard 519-1992 "Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems".
8.6.3 A consumer shall keep harmonic currents below the limits specified and otherwise comply at its nearest point of common coupling with the IEEE Standard 519-1992.
8.7 Inductive interference.
8.7.1 A licensee shall ensure that inductive interference caused by its distribution system is within acceptable limits of good utility practice.
8.7.2 Any third party constructing facilities in the vicinity of an existing right-of-way of the licensee shall ensure that its facilities are not subject to excessive interference from the licensee, and shall itself be held responsible for any costs that might be incurred for rectifying such problems should they arise.
8.8 Negative sequence voltage.
8.8.1 Subject to clause 8.10 a licensee shall maintain the negative sequence voltage at the point of common coupling to a consumer's three phase electrical installation or a level less than 1%.
8.8.2 The negative sequence voltage may vary above 1% of an applicable voltage level, but not beyond 2% for a total of 5 minutes in every 30 minute period for consumers with a load exceeding IMW.
8.9.1 A consumer shall ensure that the current in each phase of a three phase electrical installation does not deviate from the average of the three phase currents-
(a)
by more than 5% for a standard nominal voltage up to 1kV; and
(b)
by more than 2% for a standard nominal voltage above 1kV.
8.9.2 Notwithstanding clause 8.10.1, deviations are permissible for periods of less than 2 minutes-
(a)
up to 10% for a standard nominal voltage up to 1kV; and
(b)
up to 4% for a standard nominal voltage above 1kV.
8.10 Voltage fluctuations.
8.10.1 A licensee shall maintain voltage fluctuations at the point of common coupling of a level which maintains the integrity of service to all affected consumers.
8.10.2 Subject to clause 8.10.1, a consumer shall ensure that its equipment does not cause voltage fluctuations at the point of common coupling that creates unacceptable deviations from nominal service voltage for adjacent consumers.
8.10.3 If two or more consumers' electrical installations are connected at the same point of common coupling, the maximum permissible contribution to voltage fluctuations allowable from each consumer shall be in proportion to their respective maximum demand, unless otherwise agreed.
8.11 Monitoring quality of supply.
8.11.1 Each licensee shall monitor quality of supply in accordance with good asset management principles specified under this Code.
8.12 Consumer's Right to Information.
8.12.1 Where a consumer requests, the licensee shall provide within 10 business days, an explanation for any change in the quality of its electricity supply outside the allowed limits specified under this Code.
9.1.1 ERA may in each licensee's licence determine requirements for reliability of supply.
9.1.2 As a minimum, these targets may include- (a) the total time consumers may experience loss of supply;
(b)
the frequency with which supply to consumers may be interrupted, including momentary interruptions; and
(c)
the duration of interruptions, excluding momentary interruptions, for consumers on average, and to a substantial majority of consumers.
9.1.3 Where groups of consumers are expected to receive substantially different levels of service, separate requirements may be set. 9.2 Minimum standard of reliability.
9.2.1 A licensee shall use its best endeavours to ensure that the duration of interruptions to the supply of electricity to consumers' electrical installations is held at a minimum, taking into account the relationship between costs and reliability of supply.
9.3 Right to interrupt supply.
9.3.1 Notwithstanding clause 9.2, a licensee may interrupt supply at any time for the following reasons-
(a)
planned maintenance repair, or augmentation of the distribution system;
(b)
unplanned maintenance or repair of the distribution system in circumstances where, in the opinion of the licensee, the consumer's electrical installation or the distribution system poses an immediate threat of injury or material damage to any person, property or to the distribution system;
(c)
the need to shed energy because the total demand for electricity at the relevant time exceeds the total supply available;
(d)
as required by the System Operator;
(e)
the installation of a new supply to another consumer;
(f)
in the case of an emergency; or
(g)
to restore supply to a consumer.
9.4 Unplanned interruptions.
9.4.1 In the case of an unplanned interruption or an emergency, the licensee shall-
(a)
within 30 minutes of being advised of the interruption or emergency, or as soon as is practicable, provide by way of a 24 hour telephone service, information on the nature of the interruption and an estimate of the time when supply shall be restored or when reliable information on restoration of supply shall be available;
(b)
provide options for consumers who call the service to be directly connected to a telephone operator if required; and
(c)
use its best endeavours to restore the consumer's supply as soon as possible, making allowance for reasonable priorities.
9.4.2 Wherever reasonable and practicable, a licensee shall provide prior information to consumers who may be interrupted by load shedding.
9.5 Planned interruptions.
9.5.1 In the case a planned interruption, a licensee shall provide affected consumers with at least two or more business days notice of the interruption. Such a notice may be advertised in a paper of wide circulation in the area where the interruption is planned. The notice shall-
(a)
specify the expected date, time and interruption duration; and
(b)
provide a 24 hour telephone number for inquiries.
9.5.2 The licensee shall use its best endeavours to restore the consumer's supply as quickly as possible.
10.1 Licensee's obligations.
(a)
ensure that its distribution system is safe and meets the requirements of any regulation made under the Act and applicable codes;
(b)
at the request of a consumer, provide to the consumer advice-
(i)
on the facilities required to protect the licensee's equipment; and
(ii)
on the consumer's use of supply so that it does not interfere with the licensee's distribution system or with supply to any other electrical installation.
10.2 Consumer's obligations.
10.2.1 Subject to clause 10.2.2, a consumer shall-
(a)
maintain the electrical installation at the consumer's supply address in a safe condition;
(b)
provide and maintain at the consumer's supply address, a facility to protect the licensee's equipment which meets the licensee requirements prescribed by ERA;
(c)
ensure that all the consumer's electrical installations and changes of such are made by certified electricians;
(d)
provide safe, convenient and unhindered access to the supply address to enable work to be carried out;
(e)
keep all vegetation at the supply address clear from all low voltage service lines at the supply address and all vegetation on the supply address clear of any private electric line on neighbouring property; and
(f)
keep all structures and vehicles clear of all electric lines at or over the supply address.
10.2.2 A consumer shall not-
(a)
allow a person, other than a person who is (to the best of the consumer's knowledge) an electrician in possession of a valid Installation Permit, to perform any wiring work on an electrical installation;
(b)
use the electricity supply in a manner that the consumer ought reasonably to be aware may-
(i)
interfere with the licensee's distribution system or with supply to any other electrical installation; or
(ii)
cause damage or interference to any third party; or
(c)
interfere, or knowingly allow interference, with the licensee's distribution system or any metering equipment at the supply address, except as may be permitted by law.
11.0 EMBEDDED GENERATION.
11.1 Agreement to connect.
11.1.1 A licensee shall ensure that its distribution system is able to receive a supply of electricity from an embedded generating unit connected to its distribution system, in accordance with an agreement with the embedded generator on the terms and conditions of dispatch, connection and disconnection.
11.1.2 If such an agreement is sought by an embedded generator, the licensee and embedded generator shall negotiate in good faith.
11.1.3 Notwithstanding 11.1.1, if two or more embedded generating units are connected in parallel, their obligations under clauses 11.5,11.6, 11.7 and 11.8 of this Code apply to the point of common coupling and the maximum permissible contribution of each embedded generating unit shall be in proportion to their capacity, unless otherwise agreed.
11.2.1 An embedded generator shall ensure that the embedded generating unit is capable of continuous uninterrupted operation at the system frequency of 50 Hz and permitted variations in accordance with clause 8.2.1.
11.3 Co-ordination and compliance of embedded generating units.
(a)
An embedded generator shall ensure that-
(b)
the embedded generating unit, and any equipment within it that is connected to a distribution system-
(i)
complies with this Code;
(ii)
is maintained in a safe condition; and
(c)
protection equipment is at all times effectively co-ordinated with the electrical characteristics of the distribution system.
11.4 Minimum requirements for embedded generating units (synchronous type).
11.4.1 An embedded generating unit that exports more than 1MW to the licensee shall have-
(a)
an excitation control system including a voltage regulator; and
(b)
a governor system responsive to system frequency changes.
11.4.2 An embedded generator shall ensure that each of its embedded generating units that exports more than 1MW to the licensee complies with this Code's requirements with regard to-
(a)
response to disturbances;
(b)
safe shutdown without external electricity supply;
(c)
restart following loss of external electricity supply; and
(d)
frequency responsiveness and governor stability.
11.5 Negative sequence voltage.
11.5.1 An embedded generator shall ensure that an embedded generating unit's contribution to the negative sequence voltage at the point of connection between the embedded generating unit and the distribution system is less than 1%.
11.6.1 An embedded generator shall ensure that an embedded generating unit's contribution to the harmonic distortion levels in the supply voltage at the point of connection between the embedded generating unit and the distribution system is within the limits specified.
11.4.2 An embedded generator shall comply with the recommended practices and requirements for harmonic control in electrical power systems and the current harmonic limits.
11.7 Inductive interference.
11.7.1 An embedded generator shall ensure that inductive interference caused by its embedded generating unit is within acceptable limits of good utility practice.
11.8.1 An embedded generator shall design and operate its embedded generating unit so that it does not cause fault levels in the distribution system to exceed the levels specified by the licensee.
12.1.1 A licensee shall issue a bill to a consumer at least every three months.
12.1.2 A licensee shall issue a bill to the consumer at the agreed address-
(a)
where the consumer or his or her agent has made a written request to the licensee to do so; or
(b)
where a person authorised to act on behalf of the consumer has made a written request.
12.2.1 The licensee shall separately itemise the following charges on any bill issued-
(a)
the standing service fee;
(b)
an electricity usage charge;
(c)
the capacity charge, where applicable; and
(d)
any other charge in connection with the supply of electricity, such as a reconnection fee or a charge for service provided, either at the request of the consumer or due to the failure of a consumer to perform an obligation.
12.2.2 Where a licensee provides goods or services additional to those specified in clause 12.2.1, the licensee may bill those goods, or services separately. Where a licensee opts not to bill separately, the licensee shall-
(a)
include the charges for such goods and services as separate items in its bills;
(b)
apply payments received from a consumer as directed by the consumer; and
(c)
where a consumer does not direct how the payment is to be allocated, apply the payment to the items referred to under clause 12.2.1 before applying any portion of it to the additional goods or services.
12.2.3 A licensee shall include the following particulars on each bill in a consumer's billing cycle-
(a)
the dates of the previous and current meter readings or estimates;
(b)
the previous and the current meter readings or estimates;
(c)
consumption, or estimated consumption, in kWhs;
(d)
the relevant tariff or tariffs;
(f)
the meter number or numbers;
(i)
where and how the bill is to be paid;
(j)
the telephone number for billing and payment inquiries;
(k)
a 24 hour contact telephone number for faults and emergencies;
(l)
the consumer's supply address and any relevant mailing address;
(m)
the consumer's name and account number;
(n)
the amount of arrears or credit;
(o)
the amount of any other charge (as specified in clause 12.2.1) and details of the service provided.
12.2.4 Where a consumer requests and the data is available, a licensee shall provide to the consumer free of charge the consumer's historical billing data for the previous three years. Where the consumer requests for historical billing data beyond the previous three years, the licensee
may impose a charge for providing the data, determined by reference to its Approved Statement of Charges.
12.3 The basis of a bill.
(a)
base a consumer's bill on a reading of the meter at the consumer's supply address; and
(b)
read the meter at a consumer's supply address at least once in any 6 months; or
(c)
for un-metered supply, base a consumer's bill on tariffs as approved by ERA.
12.3.2 Where a licensee is unable to base a bill on a reading of the meter at a consumer's supply address because-
(a)
access is denied as a result of action by the consumer, a third party, weather conditions or an industrial dispute;
(b)
access is denied for safety reasons;
(c)
the meter or ancillary equipment has recorded usage incorrectly; or
(d)
the meter has been tampered with, the licensee may provide the consumer with an estimated bill based on the consumer's reading of the meter or the consumer's prior billing history or where the consumer does not have a prior billing history, either average usage of electricity at the relevant tariff or average usage at the supply address, whichever is the lower.
12.3.3 Where, because of circumstances referred to in clause 12.3.2, a licensee has provided a consumer with an estimated bill and the licensee is subsequently able to read the meter, the licensee shall adjust the estimated bill in accordance with the meter reading.
12.3.4 Where a consumer denies access to a licensee for the purposes of reading a meter as the consumer's supply address and subsequently requests the licensee to replace an estimated bill with a bill based on a reading of the meter, provided the consumer allows access to the meter, the licensee shall comply with the request and may impose a charge for doing so, determined by reference to its approved statement of charges.
12.4.1 Subject to clause 12.3.2, where a licensee undercharges a consumer as a result of the licensee's error, the licensee may recover from the consumer the amount undercharged.
12.4.2 Where a licensee proposes to exercise its right under clause 12.4.1 to recover an amount undercharged as a result of its error, the licensee shall-
(a)
limit the amount to be recovered to the amount undercharged in the 12 months prior to the consumer's last bill;
(b)
list the amount to be recovered as a separate item in a special bill or in the next bill in the consumer's billing cycle together with an explanation of the amount;
(c)
not charge the consumer interest on the amount; and
(d)
if the consumer requests it, allow the consumer time to pay the amount undercharged in agreed instalments, up to a period equal to the period in which the undercharging occurred, to a maximum period of 12 months.
12.4.3 Where a licensee undercharges a consumer as a result of the consumer's fraud or use of electricity otherwise than in accordance with this Code, the licensee may take action in accordance with clause 7.6 of this Code.
12.5.1 Where a consumer is overcharged as a result of an error by a licensee, the licensee shall rectify the anomaly at the next billing.
12.5.2 No interest shall accrue to a credit or refund referred to in clause 12.5.1.
12.6 Period outside usual billing cycle.
12.6.1 Where a consumer's bill covers a period other than the consumer's usual billing cycle, the licensee shall adjust the standing service fee and the kWh usage calculation for step tariffs on a pro-rata basis.
12.7.1 Where a consumer's tariff is changed or a consumer's tariff rate changes during a billing period, the licensee shall calculate the consumer's bill on the basis of pro-rata application of each tariff to its respective period.
13.1.1 A consumer shall pay a bill by the pay-by date specified in the bill.
13.2.1 A licensee shall offer the following payment methods and may, at its discretion, offer additional methods-
(a)
a consumer may pay in person at a network of agencies or payment outlets providing an adequate level of consumer access; or
(b)
by any other payment arrangement as agreed.
13.3 Payment difficulties.
13.3.1 Where a residential consumer indicates to a licensee that the consumer is experiencing difficulties in paying a bill or requires assistance, the licensee may offer an instalment plan option.
13.4.1 A licensee shall review a consumer's bill at the consumer's request.
13.4.2 Where a licensee is reviewing a bill, the consumer shall pay-
(a)
that portion of the bill under review that the consumer and the licensee agree is not in dispute; or
(b)
an amount equal to the average amount of the consumer's bills in the previous 12 months; and
13.4.3 Where, after conducting a review of the bill or check reading and examination of a meter, a licensee is satisfied that it is-
(a)
correct, the consumer may request the licensee to conduct a meter test. The consumer may require the text to be conducted by a third, competent neutral party to be present. If the meter is found to be accurate, the consumer shall pay the cost of the test and the amount of the bill;
(b)
incorrect, the licensee shall make a correction in accordance with clause 12.4 or 12.5.
13.5 Shortened collection cycle.
13.5.1 Where a licensee issues a consumer who is on a monthly billing cycle with two disconnection warnings, the licensee may place the consumer on a shortened collection cycle.
13.6 Vacating a supply address.
13.6.1 A consumer shall give the licensee at least 3 business days notice of the date on which the consumer intends to vacate the consumer's address and a forwarding address to which a final bill may be sent.
13.6.2 Where a consumer gives notice in accordance with clause 13.6.1, the consumer shall remain responsible for paying for electricity supplied to the supply address and otherwise remain responsible for fulfilling the consumer's obligations under this Code at the supply address to the date notified under clause 13.6.1.
13.6.3 If a consumer does not give notice in accordance with clause 13.6.1, the consumer shall remain responsible for paying for the electricity supplied to the supply address and otherwise remain responsible for fulfilling the consumer's obligations under this Code at the supply address until 3 business days after the licensee has received notice to discontinue supply at the supply address, or until a new consumer commences to take supply at the supply address, whichever occurs first.
14.1.1 Subject to clauses 14.2 and 14.3, a licensee may require a consumer to provide a security deposit before connection to supply.
14.1.2 The amount of a security deposit shall be not greater than-
(a)
for a consumer who is on a quarterly billing cycle, 1.5 times the estimated quarterly bill; and
(b)
for a consumer who is on a monthly billing cycle, 3 times the estimated monthly bill.
The amount for security deposit shall be calculated with reference to a schedule of type of consumer and type of business.
14.1.3 A licensee may increase any consumer's security deposit when the existing deposit becomes insufficient to secure the consumer's current electricity usage.
14.1.4 If agreed between the licensee and the consumer, a bank guarantee may be accepted as an alternative to the security deposit arrangement.
14.2 Interest on security deposit.
14.2.1 Where a licensee receives a security deposit from a consumer, the licensee shall pay to the consumer interest on the deposit at a rate and on terms and conditions approved by ERA.
14.3 Use of security deposits.
14.3.1 A licensee may use a consumer's security deposit and interest which has accrued to it to offset any amount owed by a consumer to the licensee-
(a)
if the consumer refuses to take supply after work at installations to provide the consumer supply has been conducted;
(b)
if the consumer fails to pay a bill resulting in disconnection of the supply address;
(c)
if the consumer defaults on a final bill; or
(d)
at the request of a consumer who is vacating the supply address or requesting disconnection of supply to the supply address.
14.3.2 Where a licensee uses a security deposit in accordance with clause 14.3.1, the licensee shall provide the consumer an account of its use of the security deposit and pay the balance (if any) of the security deposit to the consumer within the current billing cycle.
15.0 DISCONNECTION OF SUPPLY.
15.1.1 A licensee may disconnect supply to a consumer's supply address if a consumer has not paid or adhered to the consumer's obligation to make payments in accordance with an agreed payment plan.
15.2.1 Notwithstanding any other clause in this Part, a licensee may disconnect or interrupt supply to a consumer's supply address in the case of an emergency.
15.2.2 Where a licensee exercises its disconnection right under clause 15.2.1, the licensee shall-
(a)
provide, by way of its 24 hour emergency line, information on the nature of the emergency and an estimate of the time when supply shall be reconnected; and
(b)
use its best endeavours to reconnect the consumer's supply address.
15.3.1 Notwithstanding any other clause in this Part and subject to clause 15.2.1, a licensee may disconnect or interrupt supply to a consumer's supply address for reasons of health or safety.
15.3.2 Except in the case of an emergency or where there is a need to reduce the risk of fire or where relevant regulations require it, a licensee shall not disconnect a consumer's supply address for a health or safety reason unless the licensee has-
(a)
given the consumer written notice of the problem;
(b)
allowed the consumer 5 business days to rectify the problem (the 5 days shall be counted from the date of receipt of the notice); and
(c)
at the expiration of 5 business days the consumer, by way of a written disconnection warning, another 5 business days' notice of its intention to disconnect the consumer (the days shall be counted from the date of receipt of the notice).
15.4 Planned maintenance.
15.4.1 Subject to clause 15.4.2 and 15.4.3 a licensee may disconnect or interrupt supply to a consumer's supply address for the purposes of carrying out the licensee's planned maintenance on, or augmentation to the licensee's system.
15.4.2 A licensee shall not exercise its right to disconnect under clause 15.4.1 unless the licensee has given the consumer not less than 2 business days' written notice of its intention to disconnect (the days shall be counted from the date of receipt of the notice).
15.4.3 A licensee shall use its best efforts to minimise interruptions to supply occasioned by the licensee's planned maintenance or augmentation and restore supply as soon as practicable.
15.5.1 Notwithstanding any other clause in this Part, a licensee may disconnect supply to a consumer's supply address immediately where the consumer has obtained the supply of electricity at the supply address otherwise than in accordance with this Code.
15.6 Disconnection not permitted.
15.6.1 A licensee shall not disconnect supply to a consumer's supply address-
(a)
where a consumer has made a complaint directly related to the reason for the prepared disconnection to ERA, the Tribunal or the Court or another external dispute resolution body and the complaint remains unresolved;
(b)
where the consumer has failed to pay an amount on a bill which does not relate to the standing service fee, the electricity usage charge, capacity charge, or charges for other services rendered by the licensee;
(c)
after 3p.m. on a weekday, or on a Friday, on a weekend, on a public holiday or on the day before a public holiday, except in the case of a planned interruption.
15.7 Consumer's right to request disconnection.
15.7.1 A licensee shall use its best endeavours to disconnect supply to a consumer's supply address and finalise the consumer's accounts in accordance with the consumer's request.
16.0 RECONNECTION AFTER DISCONNECTION.
16.1 Licensee and customer obligations.
16.1.1 Where a licensee exercises its right to disconnect supply to a consumer's supply address-
(a)
under clause 15.1, for non-payment of a bill and the consumer pays or agrees to accept an offer (made in accordance with clause 13.3) of an instalment plan, or other payment option;
(b)
under clause 15.2 because it is denied access to the meter and the customer provides access to the meter;
(c)
under clause 15.3, for a health or safety reason and the consumer has rectifies the problem;
(d)
under clause 15.5, for obtaining supply otherwise than in accordance with this Code and the consumer ceases to so obtain supply and pays or makes an arrangement to pay for the supply so obtained the licensee shall, subject to Part 7.0 of this Code, the consumer making a request for reconnection, and paying the licensee's reasonable fee, if any, as listed or its approved statement of charges, reconnect the consumer's supply.
16.2.1 Where pursuant to clause 16.1 a licensee is under an obligation to reconnect a consumer and the consumer makes a request for reconnection,
the licensee shall make a reconnection as soon as possible, and not later than two business days from the request and receipt of the reconnection charge as listed in the licensee's approved statement of charges.
17.1.1 This shall be handled in accordance with standing written agreements or contracts with the respective local authorities.
18.0 PROVISION OF INFORMATION.
18.1 Consumer's obligations.
18.1.1 A consumer shall inform the licensee as soon as possible if there is any proposed change-
(a)
in responsibility for the payment of the licensee's bill;
(b)
to the consumer's contact details;
(c)
to the major electricity usage proposal of the consumer's supply;
(d)
affecting access to metering equipment; or
(e)
to wiring or plant or equipment which may affect the quality or safety of the supply of electricity to the consumer or to any other person.
18.2 Planning information.
18.2.1 A consumer shall, upon request from a licensee, generally or specifically provide details of loads connected or planned to be connected to the distribution system which are required for the purpose of the licensee's planning including-
(a)
the location of load in the distribution system;
(c)
existing load profile;
(d)
changes in load schedule;
(f)
forecast on development of loads;
(g)
anticipated new loads; and
(h)
anticipated redundant loads.
18.3. Licensee's obligation.
18.3.1 A licensee shall provide to a consumer information on-
(a)
the type and frequency of bills the consumer shall receive;
(b)
payment options available to the consumer;
(c)
how to make a complaint to, or inquiry of the licensee;
(d)
how to contact consumer organisations;
(e)
the licensee's guaranteed service level;
(f)
the licensee's 24 hour 7 days a week consumer contact line; and
(g)
the licensee's quality of supply obligations and the expected reliability and quality of supply.
18.3.2 When requested by a consumer, the licensee shall-
(a)
provide the consumer with reasonable information on-
(i)
the licensee's tariffs, including any alternative tariffs which may be available to the consumer;
(ii)
the licensee's requirements in relation to the consumer's proposed new electrical installation; or
(iii)
changes to the consumer's existing electrical installation, including advice about supply extensions;
(b)
provide this information free of charge within 10 business days of the consumer's request;
(c)
upon request, provide this information in writing; or
(d)
advise the consumer where he or she may obtain a copy of the relevant standards which are given force by the Act.
19.1 A licensee to whom confidential information is provided-
(a)
shall not disclose or give access to that confidential information to any person except as permitted or obliged under this Code or any other law;
(b)
shall only use or reproduce the confidential information for the purpose for which it was provided under this Code or any other law, or a purpose consented to by the discloser;
(c)
shall regard it as confidential information if it is-
(i)
information about any person's private conditions except for place of birth, date of birth, citizenship, civil status, occupation, place of residence and work; and
(ii)
information about technical arrangements and undertakings and conduct of business which for competitive reasons shall be of importance to keep secret.
19.1.1 Clause 19.1 does not prevent-
(a)
the disclosure, use or reproduction of information if the current information is at that time generally and publicly available other than as a result of a breach of confidence by the licensee or a related business associate;
(b)
the disclosure of information to-
(i)
an employee or officer of the licensee or a related business associate; or
(ii)
a legal or other professional adviser or other consultant of the licensee, which require the information for the purpose of tasks of advising the licensee or for the purpose of planning or augmenting the distribution system;
(c)
the disclosure, use or reproduction of information with the consent of the person the information is relating to;
(d)
the disclosure, use or reproduction of information to the extent required by law of-
(i)
any Government or government body, authority or agency, including ERA, having jurisdiction over a licensee or its related business associate;
(ii)
any stock exchange having jurisdiction over a licensee or its related business associate;
(e)
the disclosure, use or reproduction of information if required in connection with legal proceedings, arbitration, expert determination or other dispute resolution mechanism, or for the purpose of advising a person in relation thereto;
(f)
the disclosure, use or reproduction of information if required to protect the safety of personnel or property; or
(g)
the disclosure, use or reproduction of information as an identifiable component of an aggregate sum.
19.1.2 The obligation of confidentiality under clause 19.1.1 applies to recipients of such information disclosed for reasons specified under clause 19.1.2.
19.1.3 In the case of disclosure of information under clause 19.1.2, prior to making such disclosure, the licensee shall inform the recipient of the information about the confidentiality and shall take appropriate precautions to ensure that the recipient keeps the information confidential and does not use the information for any other purposes other than those specified under clause 19.1.2.
20.1 Licensee's obligation to remedy.
20.1.1 If a licensee breaches this Code such licensee shall remedy that breach as soon as possible.
20.1.2 If a licensee becomes aware of its failure to comply with any obligation of this Code which can reasonably be expected to have a material adverse impact on a consumer, such licensee shall-
(a)
notify each consumer likely to be adversely affected by the non- compliance within 5 business days;
(b)
undertake an investigation of the non-compliance as soon as practicable but in any event within 20 business days; and
(c)
advise the consumer of the steps it is taking to comply.
20.1.3 If a licensee becomes aware of a breach of this Code by a consumer, which is not of a trivial nature, the licensee shall notify the consumer in writing of-
(a)
details of the non-compliance and its implications, including any impact on the licensee and other consumers;
(b)
actions that the consumer must take to remedy the non- compliance;
(c)
a reasonable time period in which compliance shall be demonstrated;
(d)
any consequences of non-compliance; and
(e)
the licensee's procedure for handling complaints.
20.2 Consumer's obligation to remedy.
20.2.1 A consumer shall use its best endeavors to remedy any non- compliance with this Code within the time period specified in any notice of non-compliance sent by a licensee in accordance with clause 20.1.2.
20.3 Disconnection of supply for non-compliance.
20.3.1 Subject to clause 20.1.3. a licensee may disconnect supply to a consumer's supply address if-
(a)
the consumer has not fulfilled an obligation to comply with this Code as notified under clause 20.1.3; and
(b)
the licensee has given the consumer a 5 days' written notice of disconnection (such notice to be in addition to the notice referred to in clause 20.1.2) and the consumer fails to comply with the notice; or
(c)
the consumer enters into an arrangement to comply but fails to comply with that arrangement.
20.3.2 A licensee shall not disconnect supply to a consumer's supply address under clause 20.3.1 if there is a dispute between the consumer and the licensee which has been notified by the consumer under Part 21, and is still being dealt with by the licensee under that Part, or is the subject of proceedings before ERA, the Tribunal, the Court, or any kind of arbitration.
21.0 COMPLAINTS AND DISPUTE RESOLUTION.
21.1.1 If a consumer, which means as end-user, or another licensee, has a complaint regarding the licensee's obligation under the Act, this Code or any other relevant law, code or standard or a licensee's acts or omissions, the consumer may contact its licensee to settle the complaint.
21.1.2 Where, after raising the complaint to the licensee the consumer is not satisfied with the licensee's response to the complaint, the consumer may refer the complaint to ERA.
21.1.3 ERA may delegate its competence relating to dispute resolution to local or centralised committees established pursuant to the Act or ERA may decide to conduct the dispute resolution itself depending on the gravity of the dispute.
21.2.1 Disputes resolved by committees as provided under clause 21.1.3 are appealable to ERA.
21.2.2 Disputes resolved by ERA are appealable to the Electricity Dispute Tribunal established under Part XIII of the Act.
21.2.3 ERA may determine that dispute resolution delegated to committees provided under clause 21.1.3 may not be appealed to ERA or the Electricity Dispute Tribunal if the disputed amount of money is limited and the dispute is of a non-principal nature.
21.2.4 ERA may issue guidelines on the enforcement of clause 21.2.3.
21.2.5 All disputes may, notwithstanding this Code, be referred to Court.
22.0 ADVICE ON THE USE OF ELECTRICITY.
22.1 Provision of advice.
22.2 A licensee shall provide to a consumer on request and free of charge-
(a)
advice on how a consumer may reduce the consumer's electricity costs;
(b)
advice on how, and at what estimated cost, a consumer may arrange for an energy audit of the consumer's supply address; and
(c)
advice on the typical running costs of major domestic appliances.
23.0 ACCESS TO SUPPLY ADDRESS.
23.1 Consumer's obligations.
23.1.1 A consumer shall allow a licensee and its equipment safe, convenient and unhindered access to the consumer's supply address for the following purposes-
(a)
to read the meter at the consumer's supply address;
(b)
to connect or disconnect supply;
(c)
to inspect or test the electrical installation at the consumer's supply address;
(d)
to undertake repairs, testing, or maintenance of the licensee's distribution system; and
(e)
to prune or clear vegetation from electric lines at the consumer's supply address.
23.2 Licensee's obligations.
23.2.1 Except in the case of an emergency, where the consumer is the person responsible for maintaining vegetation under the power-lines, a licensee intending to prune or clear vegetation from electric lines at a supply address, shall give the consumer at that supply address at least 5 business days notice of its intention.
23.2.2 A licensee's representative seeking access to a consumer's supply address shall carry, or wear in accordance with the licensee's requirements, official identification, and show that identification upon request by the consumer.
23.3.1 Where a consumer's supply address contains a hazard, the consumer shall provide the licensee seeking access to the supply address with protection against the hazard, including any necessary protective clothing.
24.0 METERING AND SETTLEMENT.
24.1.1 All electricity delivered or sold by a licensee or retail seller shall be charged for by meter measurements, unless a fixed monthly amount for electricity supply is determined. A licensee shall read the meters at least once every 6 months.
24.1.2 Each licensee shall provide, install, own and maintain all meters necessary for measurement of electricity delivered to its consumers. No licensee is allowed to put in and use any meter that is not reliable and does not conform with ERA's approved standards.
24.1.3 A licensee is responsible for all metered values from the metering points existing in its network.
24.1.4 A licensee is responsible for ensuring that energy consumption or energy flow at meeting points in its network is metered and read.
24.1.5 All meter points shall be read regularly.
24.2.2 Each licensee shall keep a record of all its meters, showing the consumer's address and date of the last test. All meter tests shall be properly referenced.
24.2.3 The record of each test made shall show the identifying number and constraints of the meter, the standard meter and other measuring devices used, the date and kind of test made, by whom made, the error or percentage of accuracy at each load tested, and sufficient data to permit verification of all calculations.
24.3 Meter tests on request by consumer.
24.3.1 Each licensee may, where a reasonable need has been made for testing at request of a consumer, arrange to test the accuracy of the meter serving that consumer. The licensee shall inform the consumer of the time and place of the test and permit the consumer or his or her authorised representative to be present if the consumer so desires. The consumer shall be properly informed of the results of any test on a meter that serves him or her.
24.3.2 A licensee may charge the consumer for coverage of the costs for tests on meters. The fee may be charged in advance.
24.3.3 If the meter is found to be more than nominally defective to the consumer's or the licensee's disadvantage, any fee charged for a meter test shall be refunded to the consumer.
24.3.4 "More than nominally defective" means a deviation of more than 2.0% from accurate registration.
25.1 Preparation and use of end-user agreements.
25.1.1 A licensee shall prepare and use model agreements in distribution and retail sale of electricity in their relation to their consumers within the framework of this Code. Such model agreements may vary between different types or classes of consumers, and is subject to approval by ERA.
25.1 Connection agreements.
25.1.1 Licensees shall negotiate and enter into agreements for the connection between the distribution system and embedded generation and the transmission grid. Such agreement shall be within the framework of this Code, and subject to approval by ERA.
…………………………………………………….. CHAIRPERSON ELETRICITY REGULATORY AUTHORITY.