On 23 October 2023 the AER published a determination clause 5.16B of the Australian Electricity Rules.

• the grounds of dispute raised in paragraphs 1 – 5 do not provide a basis to require AVP and Transgrid to amend their VNI West RIT-T PACR.
  • As a result of Victorian Government Ministerial orders issued in February and May 2023, only one remaining option was available to VNI West that was commercially and technically feasible. As such:
    • We determined in relation to Grounds 1, 2, 3 and 4; that Australian Energy Market Operator Victoria Planning (AVP) and TransGrid had no other choice than to identify the preferred option in the PACR as it was the only credible option that met all necessary criteria. We also note that other options were raised and analysed at many other stages of the RIT-T process.
    • In relation to Ground 5, we determine AVP and TransGrid undertook necessary and additional consultation throughout the RIT-T process and they note the preferred option of the PACR was identified in response to stakeholder feedback on the Additional Consultation Report and as such we determine this meets the consultation requirements as set out in the NER.
• the grounds of dispute raised in paragraphs 6 – 9 do not relate to the application of the RIT-T, or fall under other categories of dispute which may be raised. Accordingly, the AER is required to reject these grounds of dispute on the basis that they are misconceived or lacking in substance.

Accordingly, AVP and TransGrid are not required to amend the VNI West RIT-T PACR.