The AER has developed the Non-disclosure Guideline, to replace the 2023 draft Confidentiality Guideline, for stakeholder consultation.
The Non-disclosure Guideline reflects recent legislative and regulatory amendments and sets out our approach for assessing how network operators and other entities assisting with the delivery of the NSW Electricity Infrastructure Roadmap are to make claims for non-disclosure under the Electricity Infrastructure Investment Act 2020 (NSW) (EII Act).
The Non-disclosure Guideline aims to provide greater transparency around non-disclosure claims and act as an incentive for network operators to only make non-disclosure claims that are specific, well-reasoned and justified.
The scope of the Non-disclosure Guideline focuses on information we receive in relation to our role in making revenue determinations, including:
- non-contestable revenue determinations (including hybrid revenue determinations)
- contestable revenue determinations and contestable augmentation revenue determinations; and
- revenue adjustment decisions.
While we expect the Non-disclosure Guideline to primarily assist the undertaking of revenue determinations and adjustment decisions, where appropriate, we may apply the approach to assessing non-disclosure claims set out in the Guideline to other functions we perform under the EII Act.
