Energy Regulation
- Energy
- Energy regulation
- Hydrogen
- Offshore wind
- Oil & Gas
- Batteries & Storage
- Renewable energy zones
Rapid regulatory change
The energy sector is rapidly transforming, as Australia transitions to a lower emissions system as part of delivering net zero commitments. 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, the National Electricity Rules and the Pilbara Networks 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 and storage, 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 and energy market matters. This extensive experience gives us deep knowledge of the regulatory landscape, market practice and emerging compliance risks – expertise that is critical to the successful and timely delivery of energy generation and storage projects, and network infrastructure. We also 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 insights enable us to cut through to the key issues early, especially for complex investigations, and guide you to the best possible regulatory outcomes.
Our overall energy experience
Electricity Market participants
- Advised various participants in the National Electricity Market (NEM) and the WA markets of the South West Interconnected System and North West Interconnected System (the WA markets) on regulatory requirements across the full supply chain, including generation, storage, transmission and retail regulation. Specifically, we have advised these clients in relation to their market participation, licensing and registration; network connections; and the regulatory aspects of both their major project development and delivery, and their transactions involving energy assets.
- Advised both public and private sector clients on regulatory determinations, regulatory asset-based funding models, government support / revenue agreements, regulatory ring-fencing, and contestability frameworks for connections and network augmentation.
- Supported our clients in their preparations for significant policy reform and for increased regulator scrutiny in the energy sector.
Bespoke regulatory regimes
In addition to our years of experience in advising market participants on the rules governing the NEM and WA markets, we have also assisted our clients to navigate the bespoke jurisdictional regulatory regimes emerging across these markets, which aim to accelerate investment in and delivery of major renewables projects and transmission infrastructure. These include the regulatory frameworks and procurement processes governing the Capacity Investment Scheme, NSW Long-term Energy Service Agreements, renewable energy zones and other major network infrastructure projects.
Regulator investigations
Acting for numerous energy participants regarding confidential investigations by the Australian Competition and Consumer Commission, the Australian Energy Regulator, the Energy Security Corporation 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; and
- 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 Energy 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 market participants on the implementation of proposed policy reforms and rule changes to energy legislation in the NEM and WA markets.
WA markets
South West Interconnected System (SWIS) – advising SWIS participants on certain regulatory requirements under the Wholesale Electricity Market rules and the impact of reforms on project documents.
North West Interconnected System (NWIS) – advising a key industry participant on the development of the NWIS Pilbara Networks Rules and access regime.