The AER is required to make an access arrangement final decision to approve or not approve the access arrangement proposal for the RBP within six months of receipt of the access arrangement proposal. This period can be extended by the AER but must be completed within an absolute overall time limit of 13 months.
The AER is required to follow a prescribed decision making process under the National Gas Rules (NGR) when reviewing the access arrangement for the RBP.
Indicative dates for key milestones in the decision making process
||16 November 2011
|Forum on proposal in Brisbane
||30 November 2011
|Submissions on proposal
||19 December 2011
|Release of draft decision
|Forum on draft decision in Brisbane
|Revised proposal to be submitted
|Submissions on draft decision
|Release of final decision
Note: The AER has engaged consultants to assist it in its review of different aspects of the access arrangement proposal for the RBP including demand forecasts, operating expenditure and capital expenditure.
Stop the clock
The AER has decided under rule 11 of the NGR that the period of 30 days for submissions on the access arrangement proposal is not counted towards the decision making time for the full access arrangement final decision.
Process for nomination of an averaging period
The AER will notify APTPPL at least 20 business days in advance of the release of its draft decision on the revisions to the RBP access arrangement of the date on which that draft decision is expected to be released and the date on which the final decision is expected to be released.
Not later than 5 business days following the AER’s notification, APTPPL undertakes to advise the AER of its nominated averaging period. The APTPPL averaging period will be for a period commencing after the expected release date of the draft decision and ending not later than 15 business days before the expected release of the final decision. The advice will specify the term of the averaging period which must be at least 10 and not more than 40 business days.
There is an absolute overall time limit of 13 months between submission of a full access arrangement proposal and the date the AER makes a final decision on the proposal.