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. 

Interested stakeholder are invited to email submissions on the draft Non-contestable Guideline by 14 April 2026 with the subject title of ‘Non-contestable Guideline 2026 review – submission’. 

Email your submissions to rezaer [dot] gov [dot] au (rez[at]aer[dot]gov[dot]au). Alternatively, submissions may be sent to:

Mr Scott Haig 
Acting General Manager, 
Renewable Energy Zones Branch, Networks Regulation 
Australian Energy Regulator 
GPO Box 3131 
CANBERRA ACT 2601 

We prefer all submissions to be publicly available to facilitate an informed and transparent consultation process. We will treat submissions as public documents unless otherwise requested. We will publish all non-confidential submissions on the AER's website. For further information on the AER's use and disclosure of information provided to it, see the ACCC/AER Information Policy.

We request parties wishing to submit confidential information: 

• clearly identify the information that is the subject of the confidentiality claim
• provide a non-confidential version of the submission in a form suitable for publication.