Potentia Energy Retail Pty Ltd (formerly Enel Energy Australia Pty Ltd) was granted an electricity retail licence on 24 November 2021.
This licence was last varied on 7 January 2025.
The licence can be accessed via the resources tab.
In September 2021, we began a process of updating the Compliance and Performance Reporting Guideline for energy businesses. The updates strengthen protection for consumers and we sought feedback on our draft decisions and updates. Our consultation period closed in October 2021 and we published our final decision in February 2022.
The guideline describes the information energy retailers and distributors need to report to us on how they are performing and whether they are complying with their obligations. When an energy business does not comply with an obligation in the guideline, they must report this breach to us and start corrective actions.
This update follows our 2020 review of the guideline.
The below table summarises how reporting entities must comply with their reporting obligations from 1 March 2022 to 30 June 2022, under the commission’s transitional period between version 6 and version 7 of the guideline:
| Scenario | Which timeframes apply? | Additional notes |
|---|---|---|
| A breach is reportable only under version 7 (and was not reportable under version 6). | Timeframes under version 7 apply. | Retailers may choose not to report these types of breaches until 1 July 2022. |
| A breach is reportable only under version 6 (not reportable under version 7). | No longer required to be reported. | |
|
A breach is reportable under both versions 6 and 7: |
A licensee may choose the timeframe that is most generous to the licensee. |
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A licensee may choose to report as a type 2 under version 6 until 30 June 2022. | |
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A licensee may choose to report as a type 2 under version 7. | |
| Breach reporting using pre-1 March 2022 clause references and numbering. | This is acceptable until 1 July 2022. |
We have updated the Compliance and Performance Reporting Guideline to reflect these reforms.
We have reviewed the:
We received 14 submissions on the consultation paper through Engage Victoria. These submissions came from energy retailers, distributors and consumer representative groups.
In general, stakeholders’ main areas of feedback were around categorisation of type 2 reporting requirements, performance reporting obligations, ‘material adverse breaches’, our proposed transitional period, and wrongful disconnection reports. We will consider stakeholder feedback when forming our final decision.
Our review of payment difficulty framework focuses on evaluating the implementation of the framework in meeting its objectives, relying on direct customer experiences, and data and information relating to the implementation of the framework. We have released our findings from the review. We found that the payment difficulty framework helps Victorian energy consumers manage their energy costs but that retailers can do more.
The payment difficulty framework is a set of energy rules to better protect and support residential customers that are anticipating or facing payment difficulty. The framework was developed in 2017 in response to high numbers of residential customers being disconnected for non-payment.
Its objectives are that:
We also now have an increased awareness that the barriers to getting help are exacerbating the experience of vulnerability.
Our findings show that the framework delivers positive outcomes for customers when it is implemented effectively. However, we have identified areas where implementation could be improved for the mutual benefit of customers and retailers. We have identified particular areas as a priority for improvement (*).
Consider alternative approaches to support customers prior to disconnection, particularly for those who cannot pay for ongoing use.
This report sets out our findings into the review of the implementation of the payment difficulty framework since 2019. Appendices include call recordings study scope and methodology, additional consumer insights and early observations workshop report.
The 14-page executive summary comes directly from the findings report. It is summarises our approach to the review, our key findings and priority areas for improving the operation of the payment difficulty framework.
Accompanying our findings report is the call recordings study report. This report presents the results and findings of the call recordings study undertaken for the commission by ORIMA research. Included with this report is Appendix A: select retailer data (deidentified) and five case studies of customer journeys. These case studies describe the experience of the customers during the duration of the call recordings study period. They have been de-identified to protect the privacy of these customers and their retailers.
We began the first phase of our review in September 2021, by engaging on our proposed scope and approach for the review. In doing so we confirmed that the purpose of the review was to evaluate and assess the framework’s ability to meet its objectives.
We also committed to identifying options for improving the operation of the framework.
While undertaking the first phase of the review, we sought to understand:
To inform this findings report, we developed our analyses using a range of inputs, data and feedback as follows:
We also committed to not revisiting the policy rationale behind the framework, which was substantively consulted on in 2017. The review would also not consider reforms to associated government programs and policy.
In the second phase of the review, we explored priority areas further with our stakeholders to identify and consider practical solutions to better support the implementation of the framework.
In July and August 2022, we facilitated a better practice program consisting of three virtual workshops with retailers and community service organisations, to discuss and share practical actions and ideas that can be implemented by retailers to support customers under the framework. Each workshop focused on areas for improvement identified in the findings report.
The notes from each workshop are available here and under the Review documents and submissions tab.
From September to December 2021, we ran a program of engagement activities designed to inform the review of the implementation of the payment difficulty framework.
Our stakeholder engagement focused on gathering views of the implementation of the framework – to identify aspects that are working well and areas for improvement.
| Date | Activity |
|---|---|
| 2 to 19 September 2021 | Launch of the review and engagement on review approach |
| 20 September to 30 November 2021 | Engagement on key review questions |
| 16 November 2021 | Early observation stakeholder workshop |
| November and December 2021 | Meetings with key stakeholders |
| November 2021 to April 2022 | Meetings and discussions with retailers about further data requests and call recording study |
| 7 April 2022 | Early findings stakeholder webinar |
We invited submissions on our proposed approach from 2 to 19 September 2021. Our engagement focused on the appropriateness of the scope and purpose of the review. We received 11 submissions from a variety of stakeholders including community representatives, energy retailers and energy consumers.
There was a general level of comfort across the submissions about the scope of the review and the appropriateness of our review questions. Many submissions emphasised the need to refer to both quantitative, as well as qualitative, data throughout the review and welcomed our proposed collaborative approach to stakeholder engagement.
We also received a number suggestions of areas or issues for us to consider such as:
After considering this early feedback, and given the level of comfort expressed in submissions, we did not change our proposed approach to the review or our key review questions.
Between 19 September and 30 November 2021, we invited your feedback on our key review questions. This second engagement process focused on understanding stakeholders’ observations and experiences of the implementation of the payment difficulty framework.
We ran a large stakeholder workshop which had approximately 90 key external stakeholders in attendance, and other individual meetings with stakeholders. Our early observations come from our preliminary analysis of quantitative data submitted by retailers, and consumer insights from various case studies, surveys and research. This document was used to inform a stakeholder workshop in November 2021. A report on the feedback we received during this workshop is provided as an appendix to our Findings report.
We received 15 submissions in response to our key review questions. These submissions were from customer advocacy groups, community organisations and the energy industry. Some of the themes that emerged from the feedback we received in response to our key engagement questions include:
On 7 April 2022, we held a webinar to present our early findings and seek participant views on priorities for focus in the next phase of the review. We had over 80 participants from government, the energy industry and the community sector. A video recording of the webinar is available on YouTube. We've also made available the slides and poll results.
All submissions received can be found under the Review documents and submissions tab.
As part of its Energy Fairness Plan commitments, the Victorian Government has reformed the enforcement framework that we operate under. To align with this new framework our existing energy codes will transition to ‘codes of practice’.
The new enforcement framework is being implemented via the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 (Compliance and Enforcement Act).
The Compliance and Enforcement Act commenced on 1 December 2021, and resulted in our existing energy codes being deemed as ‘codes of practice’. However, for the provisions of those instruments to be fully enforced through the new enforcement framework, we are undertaking a further step of reviewing each code.
We consulted on the proposed Energy Retail Code of Practice in September 2021. In December 2021 we published a final decision, along with an exposure draft Energy Retail Code of Practice. After receiving feedback on the exposure draft, we published the final Energy Retail Code of Practice in January 2022. The Energy Retail Code of Practice will take effect on 1 March 2022.
In response to stakeholder feedback, we provided a further opportunity to review the new Energy Retail Code of Practice before it commences. This was an opportunity for stakeholders to raise any drafting errors or concerns that they identified in this period. We foreshadowed publishing a final version of the Energy Retail Code of Practice by the end of January, ahead of commencement on 1 March 2022.
We have considered this feedback and in response have made further amendments to the Energy Retail Code of Practice. The feedback we received along with a marked up version of the final Energy Retail Code of Practice highlighting the changes made on the exposure draft can be found under the resources tab.
We received ten written submissions to our consultation paper and draft Energy Retail Code of Practice through the Engage Victoria website. These submissions came from energy retailers, the Australian Energy Council, and one confidential submission from a member of the public. In general, the main areas of feedback were around:
We have considered stakeholder feedback in forming our final decision. We have reviewed areas where our proposed drafting might have unintentionally represented a change in policy intent and made some minor changes to the final Energy Retail Code of Practice, to ensure that existing obligations are not substantively altered. We have also made some changes to correct minor typographical errors.
Besides these changes, the final Energy Retail Code of Practice is largely the same as the draft code we consulted on.
In September we also consulted on updating the Compliance and Performance Reporting Guideline. As part of the update of this guideline, we are proposing amendments that will reflect the proposed Energy Retail Code of Practice.
We held these two consultations at the same time to help stakeholders understand how the proposed reporting requirements and proposed Energy Retail Code of Practice align.
On 10 August 2021, Murra Warra II Project Co Pty Ltd (ACN 636 141 704) applied for a licence to generate electricity for supply or sale, and to sell electricity under section 18 of the Electricity Industry Act 2000 (Vic).
Consultation on the applications closed on 7 September 2021. We received no submissions.
We granted the licence on 16 September 2021. This licence was varied on 20 June 2023.
