The ERA’s compliance and enforcement functions include monitoring participants compliance with the Wholesale Electricity Market (WEM) Rules and the Gas Services information (GSI) Rules and investigating suspected breaches of these rules. The ERA also has responsibility for investigating suspected breaches of the Pilbara Networks Rules by the Pilbara independent system operator.
Participants may report suspected breaches of the WEM, GSI and Pilbara Networks Rules to the ERA. This includes self-reports of a participant’s own non-compliance (NOTE: From 1 October 2023 participants must self-report suspected breaches of the WEM Rules to the ERA). Suspected breaches reported to the ERA must be in writing and contain:
• The name of the participant and contact details for the person responsible for the notification.
• The name of the participant who is alleged to have breached the WEM, GSI or Pilbara Networks Rules or Procedures, as applicable.
• The specific clauses in the WEM, GSI or Pilbara Networks Rules or Procedures alleged to have been breached.
• The dates and times on which the suspected breach occurred.
• A description of the suspected breach may have taken place with any supporting information for the allegation.
If available, the notification should also include:
• If the breach is by the notifying participant, details explaining:
– The root cause of the breach
– Any mitigating circumstances
– Any proposed remedies
– Actions planned or implemented to prevent recurrence.
• Details of any known impact to the market or participants.
• Any other information considered relevant.
Notifications of suspected WEM, GSI or Pilbara Networks Rule breaches to the ERA can be lodged online here.
Notifications of five or more suspected breach matters may be submitted in a batch report by email to firstname.lastname@example.org
Confidential or personal information included in any notification to the ERA should be clearly marked so the ERA can ensure it is appropriately protected.