NSW electricity distribution determination - public lighting confidentiality claims - request for submissions

On 31 May 2014, Ausgrid, Essential Energy, and Endeavour Energy (the NSW distribution businesses) submitted their regulatory proposals for the 2014–19 regulatory control period.

These proposals included confidentiality claims over elements of documents and financial models relating to public lighting services. Two categories of information were claimed as confidential: (1) customer information and (2) contract tender prices for materials (luminaries, brackets, supports) and services (labour).

Section 28ZB of the National Electricity Law (NEL) permits the AER to disclose information given to it in confidence if the disclosure would not cause detriment to the person who gave it, or the public benefit in disclosing the information outweighs that detriment. Section 28ZB outlines a process we must follow prior to making a decision to disclose any confidential information. We have commenced this process and are seeking the views of stakeholders about the potential disclosure of confidential public lighting information.

Invitation for submissions

The AER is inviting submissions on the confidentiality claims the NSW distribution businesses have made in relation to their public lighting proposals for 2014-19 regulatory control period.

Specifically submissions should:

1. clearly identify any information which stakeholders object to the AER disclosing
2. clearly identify any detriment disclosing the information is likely to cause; and/or 

3. comment on any public benefit that might support disclosure.

Submissions close 29 July 2014. They should be addressed to Mr John Skinner, Director AER Networks, and should be sent electronically to: NSWACTelectricityaer [dot] gov [dot] au (NSWACTelectricity[at]aer[dot]gov[dot]au).

The AER prefers that all submissions be sent in an electronic format in Microsoft Word or other text readable document form and publicly available, to facilitate an informed, transparent and robust consultation process.

Accordingly, submissions will be treated as public documents and posted on the AER's website, unless prior arrangements are made with the AER to treat the submission, or portions of it, as confidential. Those wishing to submit confidential information are requested to:

• clearly identify the information that is the subject of the confidentiality claim; and
• provide a non-confidential version.

Links to the public versions of the documents the AER is seeking to publish, in full, are listed as related documents.