Diamond Offshore General Company LLC (Diamond) has repeatedly submitted inaccurate National Greenhouse and Energy Reporting (NGER) reports under the NGER Act.

Diamond has made calculation errors in their NGER reports which have resulted in instances of over and under reporting of emissions and energy, and incorrectly assessed and reported uncertainty under Chapter 8 of the NGER (Measurement) Determination 2008.

Diamond undertakes to:

1. conduct internal monthly reviews of data that forms the basis of Diamond’s reporting under the NGER Act
2. appoint an Advisor to:
   1. map and provide descriptions of all reportable emissions sources and points of energy production and consumption
      
   2. define information requirements for each facility under Diamond’s operational control
      
   3. analyse the energy and emissions data against facility and corporate group thresholds
      
   4. develop a Basis of Preparation and Annual Supplementary Document
      
   5. provide the above materials and recommendations for reporting to Diamond
3. appoint a Compliance Consultant to:
   1. conduct a yearly review of Diamond’s internal NGER reporting system
      
   2. immediately preceding an NGER report’s due date for submission, complete a compliance review of both the data and the report
      
   3. after any review conducted in the two above points, provide a summary of any items identified as areas to be improved and recommendations for compliant reporting
      
   4. complete bi-annual reviews of the Basis of Preparation to ensure that it continues to be fit for purpose
4. provide the agency with the Basis of Preparation and Annual Supplementary Document relevant to each NGER reporting period as attachments to the submitted report
5. prepare and implement additional training for staff involved in the collection and reporting of data under the NGER Act
6. provide progress reports every 6 months to the agency regarding items identified under the enforceable undertaking as areas to be improved and details of actions taken to resolve those items.
   

Peabody has a history of submitting inaccurate NGER reports. Its NGER reports have included calculation errors which resulted in instances of significant over- and under-reporting of emissions and energy, and incorrectly reported uncertainty.

Peabody undertakes to improve the quality of its NGER reports by:

1. engaging an external consultant to compile Peabody’s reports under section 19 of the NGER Act for the 2021–2022 and 2022–2023 reporting periods and ensure that these reports are produced using industry best practice reporting methodologies and comply with the NGER Act
   
2. developing and implementing an NGER reporting improvement plan
   
3. engaging an independent auditor to conduct an audit of all facilities included in its NGER reports.

More Green Energy Pty Ltd improperly created 5,090 small-scale technology certificates (STCs) from 44 installations of non-compliant solar photovoltaic (PV) panels.

More Green Energy Pty Ltd.'s compliance procedures did not identify that the solar PV panels were non-compliant at the time of STC creation.

More Green Energy Pty Ltd undertakes to:

1. implement a Compliance Program for two years and provide a copy to the Clean Energy Regulator within four months
2. validate solar PV panels using SPV before creating STCs where More Green Energy Pty Ltd purchases, installs or aggregates STCs for installations that contain solar PV panels owned by current approved manufactures listed on the Solar Panel Validation (SPV) Initiative
3. administer training to all directors, employees and contractors annually to ensure that up to date knowledge is maintained regarding responsibilities under all relevant laws
4. rectify the installation of the existing non-compliant solar PV panels and improper creation of STCs within twelve months
5. surrender 2,814 STCs registered from 24 installations containing non-compliant panels and replace all solar PV panels on these installations. More Green Energy Pty Ltd will not recreate, or facilitate the creation of STCs for these replacement installations
6. rectify 20 installations, pending registration in a manner which meets all regulatory requirements so that the Clean Energy Regulator may register STCs in accordance with the Act
   
7. not take steps to deregister as a company without the approval of the Clean Energy Regulator.

It is alleged Dr Green Sustainable Energy Pty Ltd breached s. 24B (1) of the Renewable Energy (Electricity) Act 2000 by providing false and misleading information to a second person, with the expectation that the second person would rely on that information to create certificates.

The second person did in fact rely on that false information, and, as a result, created certificates for 31 installations which they were not entitled to create.

Dr Green Sustainable Energy Pty Ltd undertakes to, on or before 30 April 2014, have an independent Clean Energy Council accredited installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.

In the event that one or more system owners or residents cannot be contacted or do not wish to allow a re-inspection, Dr Green Sustainable Energy Pty Ltd also undertakes to provide to the Clean Energy Regulator a statutory declaration, made by a Dr Green director, listing all such system owners and residents, with a declaration that all reasonable steps have been made to contact them and offer them a re-inspection.

Upon completion of the inspections, Dr Green Sustainable Energy Pty Ltd undertakes to provide the Clean Energy Regulator with a statutory declaration, made by the nominated CEC installer, that the PV installations and electrical work meet the requirements for the issue of certificates.

It is alleged that Zypcom International Pty Ltd t/a Nextgen Solutions breached subsection 24B (1) of the Renewable Energy (Electricity) Act 2000 by providing false and misleading information to a second person, with the expectation that the second person would rely on that information to create certificates.

The second person did in fact rely on that false information, and, as a result, created certificates for 13 installations which they were not entitled to create.

Zypcom International Pty Ltd t/a Nextgen Solutions undertakes to, on or before 27 September 2013, have an independent accredited Clean Energy Council installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.

Inspections must only be undertaken with the approval of the system owner or resident.

It is alleged that breached subsection 24A (1) of the Renewable Energy (Electricity) Act 2000 by submitting false and misleading information into the REC Registry to create certificates.

The submission of the false information resulted in the improper creation of certificates for 3 installations where there was no entitlement to create.