On 31 May 2014, Ausgrid, Endeavour Energy and Essential 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:
- customer information
- contract tender prices and other input assumptions for materials (such as luminaries, brackets, supports) and services (labour).
The AER issued initial disclosure notices in relation to this information in July and August 2014 and called for public submissions. Essential Energy subsequently withdrew its confidentiality claim.
We have taken all submissions and other representations into account. Following a lengthy consultation process we have made changes to the approach set out in our initial disclosure notices.
On 21 January 2015 the AER authorised a limited form of disclosure and issued further disclosure notices on Ausgrid, Endeavour Energy and their public lighting suppliers.
Disclosure of these documents will only be made to public lighting consultants who have been engaged by Regional Organisation of Councils (ROCs) or by councils directly to review a public lighting proposal. Furthermore, disclosure will only take place in accordance with the process approved by the AER and subject to the acceptance of a confidentiality undertaking and conflict of interest declaration.
The decision to disclose the information was made under section 28ZB of the NEL. Section 28ZB of the NER permits the AER to disclose information given 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.
Documents outlining the process for disclosure and the confidentiality undertaking and conflict of interest declaration which consultants will be required to sign before receiving the information are featured as related documents.