AER – draft Revenue determination guideline for NSW non-contestable projects (tracked changes) – September 2025

On 2 September 2025, we published the draft amendments to the Revenue determination guideline for NSW non-contestable projects with an accompanying explanatory statement (draft Non-contestable Guideline).

In 2024 the NSW Government made changes to the Electricity Infrastructure Investment Regulation 2021 (NSW) (EII Regulation) to provide flexibility in the way NSW Roadmap infrastructure projects are able to be delivered. The changes allow the AER to make revenue determinations for network infrastructure projects that combine both contestable and non-contestable components. We refer to these as hybrid revenue determinations. 

The proposed draft amendments included a new chapter 7 in the Non-contestable Guideline that outlines how we intend to approach hybrid revenue determinations.  The draft amendments also included minor and administrative changes which incorporated changes to reflect up to date references to the regulatory framework.