Energy (Miscellaneous Provisions) Act 2012
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Requirements on energy suppliers. |
11.— (1) This Chapter does not apply to small energy suppliers. | |
(2) Subject to section 12 (1), the Minister may require an energy supplier, or a particular class of energy supplier, to do all or any of the following— | ||
(a) ensure the offer and promotion to final customers of competitively priced energy services, | ||
(b) ensure the availability to and promotion to final customers of competitively priced energy audits, | ||
(c) ensure the availability to and promotion to final customers of competitively priced energy efficiency improvement measures, or | ||
(d) contribute to the Fund at a rate specified by the Minister. | ||
(3) (a) Subject to subsection (4), the Minister may issue a notice (“energy efficiency notice”) placing at least one of the requirements specified in subsection (2) on an energy supplier or on a particular class of energy supplier, as the case may be. | ||
(b) For the purposes of paragraph (a) the Minister shall determine which requirement specified in subsection (2) is to be placed on a particular energy supplier or class of supplier. | ||
(c) An energy efficiency notice may set the measures, standards, conditions, thresholds and targets to be achieved by the supplier in complying with the requirement. | ||
(d) An energy efficiency notice shall— | ||
(i) in the case of a particular energy supplier, be served in accordance with section 15 , and | ||
(ii) in the case of a class of energy supplier, be published in the Iris Oifigiúil and in at least 2 newspapers published in and circulating in the State. | ||
(4) An energy supplier or class of energy supplier participating in an approved voluntary agreement is exempted from complying with any requirement specified in an energy efficiency notice. An exemption ceases where the Minister revokes approval for the voluntary agreement or the voluntary agreement ceases to operate effectively or no longer exists. | ||
(5) Notwithstanding subsections (3) and (4), all energy suppliers shall promote energy end-use efficiency to the final customers, with an emphasis on information relevant to the form of energy provided by that energy supplier and how that energy is typically used. | ||
(6) The Minister shall monitor an energy supplier’s compliance with an energy efficiency notice. The energy supplier shall cooperate and provide the Minister with all information reasonably requested by him or her in this regard. | ||
(7) If, in the opinion of the Minister, an energy supplier has not satisfactorily complied with an energy efficiency notice, the Minister may issue a direction to the energy supplier concerned specifying the remedial action the energy supplier shall take and the timeframe for compliance with the direction. | ||
(8) Remedial action under subsection (7) may include similar, alternative or additional actions to be taken by the energy supplier concerned to comply with the requirement specified in the energy efficiency notice concerned or the placing of alternative or additional requirements from those specified in subsection (2) on the energy supplier concerned. | ||
(9) An energy supplier that is aggrieved by a direction issued under subsection (7) may, within the period of 30 days beginning on the day on which the direction is served on it, appeal to the High Court against the direction and, in determining the appeal, the judge may make any order he or she considers appropriate, including confirming the direction with or without modification, or cancelling the direction. | ||
(10) Where an energy supplier fails to comply in full with a direction issued by the Minister under subsection (7) within the period specified, or fails to cooperate with the Minister, or provide the Minister with all reasonable information requested by him or her, under subsection (6), the Minister may apply to the High Court for an order directing the energy supplier concerned to comply with the direction, to cooperate or to provide the information requested. | ||
(11) The Minister shall determine the minimum rate of an energy supplier’s contribution to the Fund. This determination shall take account of the estimated cost, in the opinion of the Minister, to the energy supplier concerned or to a particular class of energy supplier, of complying with a requirement under paragraph (a), (b) or (c) of subsection (2). The Minister shall invite submissions from the energy supplier concerned or, at his or her discretion, from the class of energy supplier concerned, before making a determination under this subsection. | ||
(12) An energy supplier in receipt of an energy efficiency notice, or addressed in such a notice, other than in relation to paragraph (d) of subsection (2), may itself offer, make available or promote energy services, energy audits, or energy efficiency improvement measures, as the case may be, or may make arrangements, with the prior consent of the Minister, with another person to do so on its behalf. Notwithstanding any such arrangements with another person, the energy supplier’s obligations under this section continue. |