Energy Networks Association Limited and Ors

On 26 November 2024, Energy Networks Association Limited trading as Energy Networks Australia and Electricity Generation and Retail Corporation trading as Synergy (together, the Applicants) lodged an application for authorisation to participate in 4 phases of activity required to establish, and give effect to, national energy Public Key Infrastructure (PKI) for the management of Consumer Energy Resources (CER):

Phase 1: Collaborative evaluation of PKI service providers’ responses to National Energy PKI Limited’s (NEPKI) request for tenders for the provision of PKI and related services which will be provided by NEPKI to PKI Consumers through PKI Consumer Agreements.

Phase 2: Entry by NEPKI into a PKI Service Deed with a selected PKI service provider for the design, build, and operation of PKI and related services to be supplied by NEPKI to PKI Consumers.

Phase 3: Delivery of the PKI Service Deed between NEPKI and the contracted PKI service provider, beginning with the design and build of the PKI and its associated items.

Phase 4: Operational “go live” delivery of PKI services by NEPKI to PKI Consumers and the associated usage of the PKI services by PKI Consumers for a term of up to 5 years.

Authorisation is sought until 30 June 2030.

The Applicants have also requested interim authorisation to carry out Phases 1, 2 and 3 of the Proposed Conduct while the ACCC considers the substantive application for authorisation.

On 27 February 2025, the ACCC issued a letter to the Applicants identifying concerns in relation to the Proposed Conduct.

On 16 April 2025, the Applicants provided a supplementary submission in response to the ACCC’s letter with proposed revisions to aspects of the Proposed Conduct such as the request for interim authorisation, NEPKI’s governance structure and further details of the future with and without the Proposed Conduct. The Applicants also indicated their intention to agree to an extension to the statutory deadline until 14 July 2025, which is reflected in the indicative timetable below.

On 19 May 2025, the ACCC issued a draft determination proposing to grant authorisation for 5 years with a condition.

On 19 May 2025, the ACCC also granted interim authorisation to enable the Applicants to carry out the initial 3 phases of activity, while the ACCC continues its assessment of the substantive application.

On 11 July 2025, the ACCC issued a final determination granting conditional authorisation until 30 June 2030.

The ACCC’s draft determination and interim decision, and its final determination, are available under the ‘Decisions’ heading below.