PLUS ES - Trial Waiver

To facilitate its innovative metering solution for pole mounted kerbside EV chargers, PLUS ES is seeking a waiver from two clauses in the National Electricity Rules (NER):  

• clause 7.3.1(b)(2) (relating to the Australian Energy Market Operator ’s Metrology Procedure Part A). 
• clause 7.8.3(a) (relating to compliance with the minimum services specification in the NER). 

Clause 7.3.1(b)(2) of the NER requires adherence to Metrology Procedure Part A, however PLUS ES only requires a waiver from clause 3.1(a)(i) of this procedure as the proposed meters do not meet Australian Standards 60252.11. The proposed meter exceeds the standard for some elements and does not for others. Where these standards are not met, PLUS ES has specified how these will be managed as part of this trial. Similarly, where the minimum service specification differs to the current requirements (clause 7.8.3(a) of the NER), PLUS ES has outlined its assessment against these requirements and, if appropriate, any solutions. These are specified further in PLUS ES’ trial waiver application. 

To ensure trial learnings, the AER has imposed conditions on the trial waiver to PLUS ES as part of the trial waiver. These are detailed in the final waiver decision document. The conditions address: 

The AER has imposed a number of conditions on PLUS ES as part of the trial waiver, including:

• Comply with the remaining parts of the Metrology Procedure: Where compliance with a procedure or guideline is a rule requirement, the AER is able to waive compliance with that requirement and require compliance with the remainder of the guideline or procedure as a condition of granting the trial waiver. As such, compliance with the remaining sections are a requirement of the trial waiver. 
• Meter installation date: As the main benefit of the trial relates to learnings for AEMO, including in its review of Metrology Procedures to be completed by 30 June 2026. We have included a deadline for meter installation to ensure the trial meters are installed in time to provide AEMO any data and relevant learnings. We have also included an expectation for an interim target of installations to be met. 
• Meter replacements: There may be instances where trial meters need to be replaced during this trial, in these cases the meters will be replaced with either current market compliant or trial meters.
• Reporting Requirements: We have engaged closely with AEMO to ensure a range of learnings and data points are provided to inform its development of procedures and guidelines. 
• NSW Reports: As a number of the meters are being delivered through a NSW Government grants program, with its own reporting requirements, the AER will receive these reports which will inform our consideration of Electric Vehicle Charging Infrastructure policy more broadly.

This final decision document also outlines some expectations which, while not legally binding, include issues we consider important to highlight, such as adhering to jurisdictional requirements, advising consumers about the complaints process and an interim metering target for 31 December 2025. 

We note there is a broader consideration in the industry around the role of DNSPs and their related entities in the EV charging space, and the effectiveness of ring-fencing as a regulatory tool in this respect. A number of stakeholders raised concerns in this respect when we consulted on this trial waiver application. This trial is not authorising the installation of chargers or meters, as PLUS ES is already permitted to undertake these activities. Instead, this trial is authorising the installation of a new kind of within-charger smart meter that removes the need to install a separate meter. 

If evidence of ring-fencing breaches is identified during the trial duration, the AER retains the right under cl. 8.18.2(i) of the National Electricity Rules and our Trial Projects Guidelines to terminate a trial waiver for breaches of other obligations under the national energy laws, rules or regulations. 

While unrelated to this trial waiver, we have the opportunity to explore the role of DNSPs and their related entities in EV charging, and other emerging issues, through future reviews of our distribution ring-fencing guidelines, individual ring-fencing waiver applications and our ring-fencing compliance role. This includes the opportunity to explore facilities access agreements as required. We welcome engagement from stakeholders in these relevant, but separate, processes.