Energy Security Board Consultation on ACCC Recommendations 1 and 41

Publication date: Thursday, 14th February 2019.

The Energy Security Board (ESB) was tasked by COAG Energy Council with providing advice on Recommendations 1 and 41 of the Australian Competition and Consumer Commission (ACCC) Retail Electricity Pricing Inquiry – Final Report (June 2018). Two consultation papers have been prepared by the ESB to inform its advice to the COAG Energy Council.

Recommendation 1: The National Electricity Law (NEL) should be amended to prevent any acquisition or other arrangement (other than investment in new capacity) that would result in a market participant owning, or controlling dispatch of, more than 20 per cent of generation capacity in any NEM region or across the NEM as a whole. The provision should be designed to prevent market participants circumventing the 20 per cent cap, including by way of ownership structure or contractual arrangements.

Recommendation 41: The AER’s wholesale market monitoring functions should be expanded and appropriately funded to include monitoring, analysing and reporting on the contract market. This should include analysing the data reported to the OTC repository (Recommendation 6), ASX data and data gathered directly from retailers and generators (including through the use of compulsory information gathering powers).


The ESB invites comments from interested parties on the issues and questions set out in these papers by 8 March 2019.

Feedback received will inform the ESB’s advice to COAG Energy Council.

Submission close date

8 March 2019

Lodgement details

Email to:

Naming of submission document

[Company name] Response to ACCC Recommendation 1 [and/or] 41 consultation paper.

Late submissions

Late submissions will not be accepted.


Submissions will be published on the COAG Energy Council’s website, following a review for claims of confidentiality.