In accordance with the Australian Competition Tribunal’s Orders of 5 April 2012 in Application by United Energy Distribution Pty Limited (No 2) [2012] ACompT 8, the AER is in the process of amending and remaking the distribution determinations for CitiPower, Powercor, Jemena Electricity Networks, SP AusNet and United Energy Distribution.
Merits review - Amending and remaking of the 2011–15 Victorian electricity distribution determinations—Australian Competition Tribunal Orders
Draft decision
Insurance pass through event definition
On 19 November 2010, SPI Electricity Pty Ltd (SP AusNet) applied to the Australian Competition Tribunal (Tribunal) for review of various parts of its 2011–15 distribution determination. One part of that review concerned the definition of the insurance pass through event that was included in SP AusNet’s 2011–15 distribution determination pursuant to clause 6.12.1(14) of the NER.
On 5 April 2012, the Tribunal ordered that the insurance pass through event decision be remitted to the AER to be remade.
In accordance with NER, the AER has made its draft decision remaking the decision regarding the definition of the insurance pass through event for SP AusNet.
AER draft decision - SP AusNet insurance pass through event - August 2012
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Merits review - AER’s 2011–15 Victorian electricity distribution determinations
On 5 April 2012, the Australian Competition Tribunal published its orders and reasons in the review of the 2011–15 distribution determinations for the Victorian electricity distribution network service providers (DNSPs), CitiPower, Powercor, Jemena Electricity Networks, SP AusNet and United Energy.
Each Victorian DNSP applied for a review on a number of aspects of the AER’s October 2010 distribution determinations. The Tribunal’s orders have allowed each Victorian DNSP to recover some additional revenues above those allowed by the AER during the 2011–15 regulatory control period.
A copy of the Tribunal’s Orders is available at: http://www.austlii.edu.au/au/cases/cth/ACompT/2012/8.html
Amended - 2011-15 determination
The AER has amended SP AusNet's 2011-15 distribution determination in accordance with the Tribunal’s orders of 5 April 2012. The amended 2011-15 distribution determination covers the regulatory control period from 1 January 2011 to 31 December 2015. It sets out the amount of revenue that SP AusNet may recover from providing regulated electricity distribution network services.
Submissions
Insurance pass through event definition
Submissions on the AER draft decision for SP AusNet’s insurance pass through event definition closed 3 October 2012.
AMCOR submission on SP AusNet's Insurance pass through event - AER draft decision - 2 October 2012
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SP AusNet response to AER draft decision re insurance pass through event definition - October 2012
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Final decision
Insurance pass through event
On 19 April 2013, in accordance with NER, the AER has made its final decision remaking the decision regarding the definition of the insurance pass through event for SP AusNet.
AER final decision - SP AusNet insurance pass through event - April 2013
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Amended - 2011-15 determination including revised insurance pass through event definition
On 20 December 2012 the Federal Court of Australia made orders that the Australian Energy Regulator was to index SPI Electricity Pty Ltd’s (SP AusNet) regulatory asset base (RAB) for inflation over a period of six and a half years from June 2004.
This amended determination dated August 2013 implements the Federal Court's directions and sets out the amount of revenue that SP AusNet may recover from providing regulated electricity distribution network services during the 2011-15 regulatory control period.
In addition, we have amended SP AusNet's insurance pass through event definition to implement our final decision of 19 April 2013 on that matter.