The AER has released its final Non-disclosure Guideline, to replace the 2023 draft Confidentiality Guideline. The Non-disclosure Guideline sets out how network operators and NSW Roadmap entities are to make claims for non-disclosure over information provided to the AER in connection with the AER's functions under the Electricity Infrastructure Investment Act 2020 (NSW).
As an independent regulator we are committed to making well-informed and accountable decisions that are in the long-term interests of energy consumers. We consider transparency and meaningful consultation with affected stakeholders essential to achieve good regulatory decisions. Consistent with this approach, the Non-disclosure Guideline reinforces that disclosure is the default position and that non-disclosure claims should only be made where necessary and supported by clear, specific and well-justified reasons. It also emphasises the importance of early and meaningful pre-lodgement discussions, which play a key role in helping network operators submit compliant revenue proposals.
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.