Today, the Australian Energy Regulator (AER) has published its final Non-disclosure Guideline – Electricity Infrastructure Investment Act 2020 (NSW) (Non-disclosure Guideline).
We consulted on the revised guideline to support transparency, provide greater clarity regarding the treatment of non-disclosure claims, and support consistent and efficient assessment under the EII framework.
The Non-disclosure Guideline sets out:
- How network operators and NSW Roadmap entities can make claims for non-disclosure over information provided to the AER under the Electricity Infrastructure Investment Act 2020 (NSW) (EII Act).
- The AER’s approach to assessing non-disclosure claims and the processes that apply where the AER considers a claim is not substantiated.
- Guidance on how the AER will apply the relevant factors in deciding whether it is appropriate not to publish information.
The Non-disclosure Guideline replaces the earlier draft Confidentiality Guideline – Electricity Infrastructure Investment Act 2020 (2023 draft Confidentiality Guideline) published by the AER in 2023. The revised guideline intends to support meaningful stakeholder engagement while minimising the risk of inadvertent disclosure of information.
Next steps
References to the 2023 draft Confidentiality Guideline in other AER guidelines made under the EII Act and Electricity Infrastructure Investment Regulation 2021 (NSW) should be read as references to this final Non-disclosure Guideline. The AER intends to update these references in the relevant guidelines as soon as practicable.
Network operators and NSW Roadmap entities should review the final Non-disclosure Guideline and consider how it applies to future revenue proposals, submissions and non-disclosure claims made to the AER under the EII framework.
Network operators should continue to refer to the NER Confidentiality Guideline when making confidentiality claims in relation to information submitted to the AER under the National Electricity Rules.
Background
On 12 November 2021, the AER was appointed as a Regulator under the EII Act, which has enabled the NSW Electricity Infrastructure Roadmap.
We provide information to stakeholders on how we carry out our role through the Guidelines we develop under the EII Regulations, and we develop and amend these Guidelines from time to time as required.