Issue 66

There is currently an issue present with Dual Function Meters. The issue occurs when the Meter has a fault, but there are different Import and Export Suppliers. Under the existing rules, the Import Supplier has the right to appoint the Meter Operating Agent (MOA) for the Meter. The Export Supplier is expected to appoint the same MOA. Both Suppliers are jointly and severely liable for the Meter if it becomes faulty.

Due to the lack of any explicit contractual situations, the Export Supplier may be unable to make contact with the MOA appointed by the Import Supplier. This means the Export Supplier cannot direct the MOA to rectify the fault. If the Export Supplier identifies a fault, but cannot contact the MOA, the fault may be left unresolved. In theory, the Export Supplier could request the Import Supplier to direct the MOA to resolve the fault. However, this may be prevented by limited communications between Suppliers and a lack of clarity over responsibility.

As both the Import and Export Supplier are jointly and severely liable, it isn’t clear which Supplier is responsible in the event of a fault. This lack of enforced responsibility, could lead to the Supplier not engaging to rectify the fault

There are two key discussion questions to explore are:

• Who should be responsible when there are shared MOA arrangements?
• What are the most appropriate communications means to resolve potential issues?