Clone of Wholesale Electricity Market (WEM) Public Registers

The ESM Rules require the ERA to keep public registers of ESM Rules' breaches:

• Breaches (clause 2.13.49):
  • where a civil penalty was issued that was not set aside by the Electricity Review Board
  • that the ERA reasonably considers would be expected to be disclosed on the public register
• Investigations (clause 2.13.49A):
  • commenced
  • closed, where the ERA determined that no breach had occurred
  • closed or suspended under clause 2.13.33 of the ESM Rules

The contents of the public register of breaches meet the requirements of ESM Rule clause 2.13.50.

The contents of the public register of investigations meet the requirements of ESM Rule clause 2.13.49A. No information can be included that could identify a Rule Participant. The ERA can only publish limited information about its investigations and will not publish the relevant ESM Rules allegedly breached, the particulars of alleged breaches or any other identifiable information as inclusion of the clause number in the Rules may, in some cases, identify the entity being investigated. Similarly, the occasional removal of clause number where the entity can be identified would also point strongly to the entity being investigated.

For further information on how the ERA maintains these public registers, please refer to the ERA’s Monitoring Protocol on our WEM Procedures webpage.