Energy Regulation

Rapid regulatory change

The energy sector is rapidly transforming as Australia transitions to a lower emissions system. More than ever, it is crucial to understand how the evolving regulatory framework affects your business, particularly as regulators take a more active role in their compliance and enforcement activities.

How we can help

Unparalleled knowledge of energy regulation and policy

We have a unique understanding of gas and electricity regulation, having advised governments and energy market bodies on the development of numerous regulatory frameworks, most notably the National Electricity Law and the National Electricity Rules. Our expertise extends to related areas such as energy data, cybersecurity and critical infrastructure regulation.

Combining regulatory and commercial expertise

Our regulatory experience extends across the energy supply chain, from generation, transmission and distribution, to retail operations. We advise a broad range of energy clients, including industry, investors, government, regulators and energy market bodies, on regulatory matters. This broad experience gives us deep knowledge of the regulatory landscape, market practice and emerging compliance risks. We regularly advise our industry clients on how to develop robust frameworks to ensure regulatory compliance.

Regulatory investigations specialists

We are experienced in advising clients on regulatory investigations and litigation, including those involving the Australian Energy Regulator, the Australian Competition and Consumer Commission, the Essential Services Commission and fair trading bodies. Our deep regulatory insights enable us to cut through to the key issues early, especially in complex investigations, and guide you towards the best possible regulatory outcomes.

Our overall energy experience

National Electricity Market (NEM) participants

Advised various NEM participants on regulatory requirements across the full supply chain, including generation, transmission and retail regulation.  As well as, assisting clients to prepare for significant policy reform and increased regulator scrutiny in the energy sector.

Regulator investigations

Acting for numerous energy participants in relation to confidential investigations by the ACCC, AER, ESC and Consumer Affairs relating to:

  • bidding practices;
  • alleged misleading pricing statements;
  • alleged breaches of licence conditions;
  • compliance with consumer protections such as those relating to hardship processes, life support and exit fees;
  • compliance with dispatch instructions and generator performance standards.

Compliance reviews or audits

Conducting compliance reviews or audits for numerous retailers to ensure that internal processes, systems and procedures comply with the National Electricity Customer Framework and the Energy Retail Code of Practice. This includes compliance processes relating to marketing and sales, life support and hardship customers.

Rule changes

Advising rule making bodies and NEM participants on the implementation of proposed policy reforms and rule changes to energy legislation in the NEM.

South West Interconnected System (SWIS); North West Interconnected System (NWIS)

SWIS – advising the SWIS participants on the regulatory requirements under the WEM rules and on the impact of proposed reforms

NWIS – advising key industry participant on the development of the NWIS Pilbara Network Rules and light handed access regime; including to securing certain exemptions.