Today the Australian Energy Regulator (AER) released its final amendments to the Revenue Determination Guideline for NSW non-contestable projects.
The most significant amendment to the Guideline is to remove the requirement for the AER to make a draft decision covering all aspects of our revenue determination. The AER will instead issue a preliminary position paper that will focus on key issues for stakeholder consideration. This streamlined approach will allow for more efficient use of the 126 business days available for the AER to make a non-contestable revenue determination.
This update follows the draft amendments to the Guideline released on 7 May 2024 for consultation, and the public forum held on 21 May 2024. The final Guideline largely maintains the draft amendments, except for:
- minor changes related to the consultation period on the preliminary position paper,
- definition of concessional financing agreements, and
- clarification of pre-lodgement engagement and compliance check processes.
In finalising our Guideline, we have considered the issues raised by stakeholders at the public forum, and in their written submissions. The accompanying Explanatory Statement covers these issues and how we have addressed them in the final amendments to the Guideline.