5.1 Core eligibility requirements

There are a number of requirements that an ACP must meet to be eligible to create ESCs from the delivery of a RESA at a site (implementation). Your business processes and systems, including your record keeping arrangements must accommodate these requirements for you to successfully operate as an ACP.

The ESS Rule establishes core eligibility requirements to ensure that all implementations achieve energy savings that would not have occurred in the absence of the ESS.

Table 5.1 Core eligibility requirements to create ESCs

What

Requirement

Explanation and instructions

Legislative instrument

Additional information

Accreditation status

  • You can only create ESCs if you are an ACP.
  • You must be accredited as an ACP prior to the implementation date to be eligible to create ESCs from an implementation.

Act, Schedule 4A, cl 37

ESS Rule, cl 6.2(b)

Method Guides for each calculation method and ESS Rule for definition of implementation date for each calculation method

Energy Saver

You can only calculate energy savings and create ESCs from an implementation if you meet the definition of ‘energy saver’ under the ESS Rule at the implementation date. The energy saver is either:

  • the person defined as the energy saver in each of the relevant methods in the ESS Rule (original energy saver), or
  • the person nominated by the original energy saver (nominated energy saver)
    • see below for requirements for nominated energy savers.

  • The original energy saver is generally the person who will benefit from the energy savings that will occur as a result of the implementation.
  • The original energy saver is defined in the ESS Rule for each method and can be:
  • the person (or business) who pays for the electricity bill,
  • the owner of the property where the implementation occurs,
  • an occupant (or tenant) of the property where the implementation occurs,
  • the person or business that pays for the upgrade and will benefit from the energy savings from the Implementation, or
  • the person who removes or sells an energy consuming appliance.

ESS Rule, cl 5.2 & 6.2(a)

Method Guides for each calculation method for definition of energy saver.

Nominated Energy Saver

To create ESCs, for each implementation the nominated energy saver must:

  • be nominated by the original energy saver on or before the implementation date, and
  • be accredited as an ACP on a date prior to the implementation date (and before the nomination is made)
  • The nomination is taken to occur on the date that the nomination form is signed by the original energy saver or such later date specified in the nomination form.

ESS Rule,

cl 6.2

Templates to carry out your operations.

Nominated Energy Saver – form and manner of nomination

You must

  • obtain a nomination in a form and manner approved by the Scheme Administrator, and
  • obtain each nomination in accordance with customer engagement processes outlined in the Minimum Requirements
  • The nomination form template on the ESS website sets out the form and manner of nomination approved by the Scheme Administrator.
  • Important! The nomination form is a legal document. Any changes to the details recorded on the form after it is first signed by the energy saver must be initialled and dated by all signatories.
  • If changes are made to the nomination form without the written consent of the signatories, IPART and/or IPART’s auditors may consider the nomination form invalid. This may result in ESCs being deemed to have been improperly created.
  • Penalties and/or imprisonment may apply for knowingly providing false or misleading information to the Scheme Administrator.
  • Auditors may require other information, in addition to the minimum requirements to provide assurance where there are discrepancies between the nomination form and implementation details submitted for the purpose of applying to create ESCs.
  • You should have a documented procedure to demonstrate that you can obtain a nomination from the original energy saver in a form and manner approved by the Scheme Administrator.

ESS Rule, cl 5.2(b)

Accreditation Notice, cl 13

Act, Schedule 4A, cl 61

Regulation, cl 47 & 56

Nomination form template can be accessed from Templates to carry out your operations.

ESS Notice 01/2013 – Minimum Requirements of Conduct for customer engagement processes.