Part 3 - Approval and Registration of deemed profiles
54. allocation agent to approve and register deemed profiles
54.1 The allocation agent must establish a register which records static deemed profiles and dynamic deemed profiles approved under these rules and which may be used by retailers for the purpose of providing consumption information to the allocation agent in relation to consumer installations in allocations groups 3 and 5 respectively.
54.2 The allocation agent must not publish the gas quantities making up a registered deemed profile on the register established under rule 54.1 except where it has received notice from the industry body to do so.
55. Registration of static deemed profiles
55.1 For the purposes of these rules, a static deemed profile is a pre-determined estimate of daily gas quantities which is used to define the daily profile of consumption during a consumption period for the consumer installation or class of consumer installations to which it applies.
55.2 In order to register a static deemed profile for a consumer installation or class of consumer installations, the retailer must request that the allocation agent approve the static deemed profile and provide the following information to the allocation agent:
55.2.1 12 consecutive months of historic consumption information for that consumer installation or class of consumer installations and estimates of future variations in that information; or
55.2.2 In the absence of 12 consecutive months of historic consumption information –
- sample historic consumption information for that consumer installation or class of consumer installations, consumer installation operating information, 12-months of historic actual monthly consumption information, and estimated future variations; or
- an estimated consumption profile based on consumer installation operating information, 12-months of historic consumption information for that consumer installation or class of consumer installations, and estimated future variations; or
- an estimated consumption profile based on a daily consumption profile for a similar type of consumer installation and available historic actual monthly consumption information; or
- an estimated consumption profile based on consumer installation operating information or a daily consumption profile for a similar type of consumer installation; and
- any other information that the allocation agent reasonably requests.
55.3 The allocation agent must consider the information provided under rule 55.2 and determine whether the static deemed profile will be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it will apply.
55.4 As soon as practicable, and no later than 20 business days, after receiving a request for approval, the allocation agent must make its determination under rule 55.3 and notify the retailer of its determination. The allocation agent must either accept or reject the registration of the static deemed profile.
56. Registration of dynamic deemed profiles
56.1 For the purposes of these rules, a dynamic deemed profile is a consumption profile that changes in accordance with information obtained from TOU meters installed at one or more sample consumer installations that are representative of the daily consumption profile of the consumer installation or class of consumer installations to which it is applied.
56.2 In order to register a dynamic deemed profile for a consumer installation or class of consumer installations, the retailer must request that the allocation agent approve the dynamic deemed profile and provide the following information to the allocation agent:
56.2.1 Consumption information obtained during the consumption period from a TOU meter installed at the sample consumer installation or consumer installations, as the case may be, that will provide the basis of the dynamic deemed profile; and
56.2.2 Sufficient detail of the consumer installations or class of consumer installations to which the dynamic deemed profile will apply to enable the allocation agent to verify that the dynamic deemed profile is appropriate for that consumer installation or class of consumer installations; and
56.2.3 Any other information reasonably requested by the allocation agent.
56.3 The allocation agent must consider the information provided under rule 56.2 and determine whether the dynamic deemed profile will be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it will apply.
56.4 As soon as practicable, and no later than 20 business days, after receiving a request for approval, the allocation agent must make its determination under rule 56.3 and notify the retailer in writing of its determination. The allocation agent must either accept or reject the registration of the dynamic deemed profile.
57. Notification of change or error
57.1 A retailer with a registered deemed profile under these rules must notify the allocation agent of any error or change in any circumstances material to the registration or continuing registration of its deemed profile as soon as practicable after it has become aware of that error or change.
58. allocation agent review of registered deemed profiles
58.1 The allocation agent may review a registered deemed profile at its discretion.
58.2 Where the allocation agent intends to carry out a review under rule 58.1, it must notify the retailer with the registered deemed profile of the review.
58.3 In order to enable the allocation agent to carry out a review under rule 58.1, the retailer must provide the information referred to in rule 55.2 or rule 56.2, as applicable, within 10 business days of receiving notice of the review.
58.4 The allocation agent must consider the information provided under rule 58.3 and determine whether the registered deemed profile continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
58.5 As soon as practicable, and no later than 30 business days, after giving notice under rule 58.2, the allocation agent must make its determination under rule 58.4 and notify the retailer of its determination. The allocation agent must either:
58.5.1 Continue the registration of the registered deemed profile if it determines the profile continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies; or
58.5.2 Remove, in accordance with rule 62, the registered deemed profile from the register if it determines that the profile no longer continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
59. retailers may request review of their registered deemed profiles
59.1 Any retailer with a registered deemed profile (whether it is a static deemed profile or a dynamic deemed profile) may, by notice, request the allocation agent to review and:
59.1.1 Amend that registered deemed profile; or
59.1.2 Amend the characteristics of the consumer installation or class of consumer installations to which it applies.
59.2 In order to enable the allocation agent to carry out a review under rule 59.3, the retailer must provide the information referred to in rule 55.2 or rule 56.2, as applicable.
59.3 The allocation agent must consider the information provided under rule 59.2 and determine whether, if amended as requested by the retailer, the registered deemed profile is a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
59.4 As soon as practicable, and no later than 20 business days, after receiving a request under rule 59.1, the allocation agent must make its determination under rule 59.3 and notify the retailer of its determination. The allocation agent must either accept or reject the amendment to the registered deemed profile.
60. allocation participants may challenge registered deemed profiles
60.1 Any allocation participant may challenge, by notice to the allocation agent, the use by a retailer of a registered deemed profile in respect of a consumer installation or class of consumer installations.
60.2 The allocation participant must include in the notice given under rule 60.1 the reasons for the challenge and any information available to it relating to the challenge of the registered deemed profile.
60.3 The allocation agent must provide the allocation participant, whose registered deemed profile is being challenged, the opportunity to:
60.3.1 Respond to a notice given under rule 60.1; and
60.3.2 Provide reasons and information as to why the registered deemed profile continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
60.4 The allocation agent must consider the information provided under rules 60.2 and 60.3 and determine whether the registered deemed profile continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
60.5 The allocation agent must make its determination within 30 business days of receiving the notice under rule 60.1 and notify all affected allocation participants of its determination.
61. Guidelines for determinations on profiles
61.1 As soon as practicable after this rule comes into force, the industry body shall, after consultation with allocation participants, develop and publish guidelines to assist the determination of whether a static deemed profile or dynamic deemed profile is, or continues to be, a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies.
61.2 In making a determination under this Part 3 of the rules, the allocation agent must take into account any guidelines developed by the industry body under rule 61.1.
62. Removal of registered deemed profile from register
62.1 If the allocation agent determines under rule 58.5 or 60.4 that a registered deemed profile no longer continues to be a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies, the allocation agent must:
62.1.1 Remove the registered deemed profile from the register; and
62.1.2 Advise the retailer which registered the deemed profile of the date on which the deemed profile was removed from the register.
62.2 If a registered deemed profile has not been reviewed under rule 58 or 59 or challenged under rule 60 for a period of 5 years or longer, the allocation agent must:
62.2.1 Remove the registered deemed profile from the register; and
62.2.2 Advise the retailer which registered the deemed profile of the date on which the deemed profile was removed from the register.
63. Costs of deemed profile registration
63.1 The retailer which requests approval of a deemed profile under rules 55.2 or 56.2 must pay to the allocation agent the actual and reasonable costs of considering the request and, where applicable, registering the deemed profile.
63.2 In relation to meeting the costs of the allocation agent for reviewing a registered deemed profile under rule 58 or 59, the retailer whose registered deemed profile was reviewed must pay to the allocation agent the actual and reasonable costs of the review.
63.3 In relation to meeting the costs of the allocation agent for considering a challenge to the use of a registered deemed profile under rule 60 –
63.3.1 The allocation participant that made the challenge must pay to the allocation agent the actual and reasonable costs of the allocation agent if the allocation agent determines that the registered deemed profile is a reasonable representation of the actual consumption profile of the consumer installation or class of consumer installations to which it applies; and
63.3.2 The retailer whose registered deemed profile was challenged must pay to the allocation agent the actual and reasonable costs of the allocation agent if the allocation agent determines that the registered deemed profile should be removed from the register.
64. Referral to industry body
64.1 Where a retailer disputes a determination made by the allocation agent under this Part 3 of the rules, the retailer may by notice in writing refer the matter to the industry body for review.
64.2 As soon as practicable and no later than 20 business days after receiving notice under rule 64.1, the industry body must review the allocation agent's determination having regard to the requirements of rules 55 to 62, as applicable, and either:
64.2.1 confirm the allocation agent's determination; or
64.2.2 refer the matter back to the allocation agent for reconsideration.
64.3 To avoid doubt, rule 64.1 does not apply where the industry body has previously referred the matter back to the allocation agent for reconsideration.
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