AER - draft Revenue determination guideline for NSW non-contestable projects (tracked changes) - March 2026

We are proposing to update our Non-contestable Guideline by introducing a new Chapter 8 to incorporate the Improving the cost recovery arrangements for transmission non-network options Rule (the ICRA Rule) into the NSW Electricity Infrastructure Investment (EII) framework. The new chapter outlines our approach to assessing and making determinations on payment methodologies and cost recovery for non‑network option (NNO) components of network infrastructure projects. 

These changes are intended to provide network operators and other stakeholders with guidance on: 

• The framework for applications and determinations on NNO components.
• Our requirements for the timing and contents of an application including:
  • eligibility and materiality thresholds
  • other relevant information.
• Our approach to consultation, including pre-application discussions.
• The factors we consider in assessing an application and our timeframes for making a determination. 

We are also proposing to make some additional minor and administrative amendments to the Non-contestable Guideline. 

The Non-contestable Guideline is currently in draft form, and we are seeking stakeholder feedback on the proposed amendments.