On 3 May 2012, the Australian Competition Tribunal released its decision on the appeal by SP AusNet against the AER's determination on smart meter budget and forecast charges for the period 2012 to 2015.

The Tribunal found that the AER had not erred in reaching this conclusion. However, the Tribunal set aside the AER's decision and requires the AER to amend its decision by considering the costs and delays if SP AusNet were to change to a different technology.

The AER's amended decision must also include additional expenditure relating to foreign exchange contracts and project management costs. Australian Competition Tribunal decision

On 5 June 2012, SP AusNet provided a submission reconsidering its choice of communications technology, following a request from the AER.

On 13 August 2012, the AER provided SP AusNet with its preliminary view on what amendments should be made to its 2012-15 determination to address the Tribunal’s views, taking into account SP AusNet’s submission.

On 14 September 2012, SP AusNet provided a submission in response to the AER’s preliminary view, which included a report from DNV KEMA. Please note that SP AusNet has only allowed the AER to publish certain parts of the report from DNV KEMA, on which its response relies.

The AER intends to finalise the amendments to its 2012-15 determination in December 2012.

Submissions closed 30 October 2012.  The AER did not receive any submissions from stakeholders. However, SP AusNet lodged two late submissions in January 2013.

On 11 February 2013, the AER made its final decision on the amendments to its 2011 Final Determination on SP AusNet's smart meter allowance for 2012 to 2015. This decision affects the metering charges payable by Victorian consumers using less than 160MWh of electricity per annum for 2014 and 2015.

In March 2013, SP AusNet sought review in the Australian Competition Tribunal and the Federal Court of the AER's revised AMI Final determination for 2012-15.

On 1 August 2013, the Tribunal dismissed SP AusNet's appeal, affirming the AER’s decision to reject significant price increases sought by SP AusNet due to its choice of communications technology.

The Federal Court has not yet made judgment.