Australian Capital Territory

Utilities (Variation of Terms) Approval 2007   (No 3)

Notifiable Instrument NI2007- 200

made under the

Utilities Act 2000, s 91 (Notification and application of terms etc)

1	Name of instrument
This instrument is the Utilities (Variation of Terms) Approval 2007 (No 3).
2	Commencement 
This instrument commences on the day after notification.
3	Approval of variation of Standard Customer Contract for electricity connection and distribution
The ICRC approves the attached variation of the terms of ActewAGL Distribution’s standard customer contract for electricity connection and distribution.  

4	Public access to documents
A record of the Commission’s decision is available for inspection by members of the public between 9:00 am and 5:00 pm, Monday to Friday, at the Commission’s office at Level 2, 12 Moore Street, Canberra City, ACT. Copies can be made at the Commission’s office. Electronic copies are available on request. No charge will apply.

Paul Baxter
Senior Commissioner
for Independent Competition and Regulatory Commission
           11 July 2007 

ATTACHMENT
		Current Version		Proposed Changes	
Footnote	2.1	ActewAGL Distribution ABN 76 670 568 688 a partnership of ACTEW Distribution Limited ABN 83 073 025 224 and AGL Gas Company (ACT) Pty Limited ABN 24 008 552 663	2.1	ActewAGL Distribution ABN 76 670 568 688 a partnership of ACTEW Distribution Limited ABN 83 073 025 224 and Alinta GCA Pty Ltd ABN 24 008 552 663	

				Updated to reflect change in ownership details	
Codes	F.	There are references to a number of codes throughout this contract.  Contact NECA if you would like a copy of the National Electricity Code.  Contact the ICRC if you would like a copy of any of the other codes.	F.	There are references to a number of codes throughout this contract.  Contact AEMC if you would like a copy of the National Electricity Rules.  Contact the ICRC if you would like a copy of any of the other codes.	
				Updated to reflect changes to regulation of national electricity market	
Application for supply	3.1	(c) provide any of the other things referred to in clause 16 of the Consumer Protection Code or the Franchise Customer Electricity Metering Code, on request;	3.1	(c) provide any of the other things referred to in the Consumer Protection Code or the Electricity Metering Code, on request;	
Disconnection by us	11.1	(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of clause 17.4 of the Consumer Protection Code; or	11.1	(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of the Consumer Protection Code; or	
				Amended to reflect the change to the title of the relevant Code and to ensure that references are made just to the Code to avoid outdated clause references	

Schedule	ActewAGL (we, us, our)	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and AGL Gas Company Pty Limited, trading as ActewAGL Distribution.	ActewAGL (we, us, our)	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and Alinta GCA Pty Ltd, trading as ActewAGL Distribution.	
	Code Participant	has the meaning given in the National Electricity Code.  Code participants are people who are registered under the National Electricity Code in some capacity (eg as a contestable customer)	Code Participant	has the meaning given in the National Electricity Rules.  	
	contestable customer (or “non-franchise customer”)	means a customer who is not a franchise customer.  These are customers who have the right to choose their electricity supplier.	contestable customer (or “non-franchise customer”)	means a customer who is not a franchise customer.  	
	franchise customer	means a franchise customer for electricity supply as defined in the Utilities Act 2000. These are customers who do not yet have the right to choose their electricity supplier .	franchise customer	means a franchise customer for electricity supply as defined in the Utilities Act 2000.  	
	National Electricity Code	the code or rules governing the National Electricity Market.	National Electricity Rules	the rules governing the National Electricity Market.	
	NECA	National Electricity Code Administrator Limited CAN 073 942 775, which administers the National Electricity Code.	AEMC	Australian Energy Market Commission, which administers the National Electricity Rules.	
		a reference to a code named in this contract (other than the National Electricity Rules) is a reference to the code of that name under the Utilities Act 2000		a reference to a code named in this contract (other than the National Electricity Code) is a reference to the code of that name under the Utilities Act 2000	
				Updated to reflect changes to ownership details and regulation of national electricity market	

ActewAGL Distribution
Schedule of electricity network charges
2007-2008

The following charges will apply from 1 July 2007. Accounts issued on or after this date will be charged on a pro-rata basis.

The charges contained in this schedule will be payable to ActewAGL Distribution:
•	for, or in connection with, the use of the electricity network
•	for the provision of metering equipment, meter reading and data forwarding
•	for miscellaneous services.

Prices include Goods and Services Tax of 10 percent where stated.

Use of network charges
Code	Description	2007-08 GST-exclusive rate	2007-08 GST-inclusive rate	
010	Residential Standard Network 			
	The Residential Standard Network charge shall be:			
	•	a network access charge per day	14.30	15.73	
	•	all consumption	4.20c per kWh	4.62c per kWh	
015	Residential TOU Network 			
	The Residential TOU Network charge shall be:			
	•	a network access charge per day	14.30c	15.73c	
	•	for energy at max times (as defined)	6.10c per kWh	6.71c per kWh	
	•	for energy at mid times (as defined)	4.00c per kWh	4.40c per kWh	
	•	for energy at economy times (as defined)	2.60c per kWh	2.86c per kWh	
	•	for energy at controlled economy times (as defined, recorded on the controlled load element)	2.60c per kWh	2.86c per kWh	
020	Residential 5000 Network 			
	The Residential 5000 Network charge shall be:			
	•	a network access charge per day	34.30c	37.73c	
	•	consumption for the first 60 kWh per day (pro-rata over billing period)	2.60c per kWh	2.86c per kWh	
	•	consumption above 60 kWh per day	4.20c per kWh	4.62c per kWh	
030	Residential with Heat Pump Network 			
	The Residential with Heat Pump Network charge shall be:			
	•	a network access charge per day	77.30c	85.03c	
	•	consumption for the first 165 kWh per day (pro-rata over billing period)	1.10c per kWh	1.21c per kWh	
	•	consumption above 165 kWh per day	4.20c per kWh	4.62c per kWh	
040	General Network 			
	The General Network charge shall be:			
	•	a network access charge per day	26.00c	28.60c	
	•	consumption for the first 330 kWh per day (pro-rata over billing period)	6.80c per kWh	7.48c per kWh	
	•	consumption above 330 kWh per day	8.60c per kWh	9.46c per kWh	
060	Off-Peak (1 / 2) Night Network  (obsolete)			
	The Off-Peak 1 / 2 Night Network charge shall be:			
	•	all consumption	0.42c per kWh	0.462c per kWh	
070	Off-Peak (3) Day & Night Network			
	The Off-Peak (3) Day & Night Network charge shall be:			
	•	all consumption	1.05c per kWh	1.155c per kWh	
080	Streetlighting Network			
	The Streetlighting Network charge shall be:			
	•	a network access charge per day per account	26.00c	28.60c	
	•	all consumption	4.00c per kWh	4.40c per kWh	
090	General TOU Network 			
	The General TOU Network charge shall be:			
	•	a network access charge per day	26.00c	28.60c	
	•	for energy at business times (as defined)	10.65c per kWh	11.715c per kWh	
	•	for energy at evening times (as defined)	5.70c per kWh	6.27c per kWh	
	•	for energy at off-peak times (as defined)	2.60c per kWh	2.86c per kWh	
Low voltage time of use demand network			
101	LV TOU kVA Demand Network			
	•	a network access charge per connection point per day	36.00c	39.60c	
	•	for maximum demand in a billing period, a charge per day of	32.00c per kVA	35.20c per kVA	
	•	for energy at business times (as defined)	2.65c per kWh	2.915c per kWh	
	•	for energy at evening times (as defined)	2.15c per kWh	2.365c per kWh	
	•	for energy at off-peak times (as defined)	1.25c per kWh	1.375c per kWh	
102	LV TOU kW Demand Network
(available to customers under 750MWh pa)			
	•	a network access charge per connection point per day	36.00c	39.60c	
	•	for maximum demand in a billing period, a charge per day of	54.00c per kW	59.40c per kW	
	•	for energy at business times (as defined)	2.65c per kWh	2.915c per kWh	
	•	for energy at evening times (as defined)	2.15c per kWh	2.365c per kWh	
	•	for energy at off-peak times (as defined)	1.25c per kWh	1.375c per kWh	
103	LV TOU Capacity Network
(required for low voltage customers with embedded generator)			
	•	a network access charge per connection point per day	36.00c	39.60c	
	•	for maximum demand in a billing period, a charge per day of	15.00c per kVA	16.50c per kVA	
	•	for the maximum demand over the previous 12-month period, a capacity charge per day of	15.00c per kVA	16.50c per kVA	
	•	for energy at business times (as defined)	2.65c per kWh	2.915c per kWh	
	•	for energy at evening times (as defined)	2.15c per kWh	2.365c per kWh	
	•	for energy at off-peak times (as defined)	1.25c per kWh	1.375c per kWh	
High voltage time of use demand network with ActewAGL low voltage network			
111	HV TOU Demand Network			
	The HV TOU Demand Network charge for a customer with a low voltage network owned and maintained by ActewAGL shall be:			
	•	a network access charge per connection point per day	$12.00	$13.20	
	•	for maximum demand in a billing period, a charge per day of	13.00c per kVA	14.30c per kVA	
	•	for the maximum demand over the previous 12-month period, a capacity charge per day of  	13.00c per kVA	14.30c per kVA	
	•	for energy at business times (as defined)	2.35c per kWh	2.585c per kWh	
	•	for energy at evening times (as defined)	2.00c per kWh	2.20c per kWh	
	•	for energy at off-peak times (as defined)	1.20c per kWh	1.32c per kWh	
112	HV TOU Demand Network – Customer HV			
	The HV TOU Demand Network charge for a customer with a low voltage network owned and maintained by ActewAGL, where the customer owns and is responsible for their high voltage assets (including transformers and switch gear), shall be:			
	•	a network access charge per connection point per day	$12.00	$13.20	
	•	for maximum demand in a billing period, a charge per day of	12.00c per kVA	13.20c per kVA	
	•	for the maximum demand over the previous 12-month period, a capacity charge per day of	12.00c per kVA	13.20c per kVA	
	•	for energy at business times (as defined)	2.35c per kWh	2.585c per kWh	
	•	for energy at evening  times (as defined)	2.00c per kWh	2.20c per kWh	
	•	for energy at off-peak times (as defined)	1.20c per kWh	1.32c per kWh	
High voltage time of use demand network without ActewAGL low voltage network 			
121	HV TOU Demand Network – Customer LV			
	The HV TOU Demand Network charge for a customer that owns and is responsible for their own low voltage network shall be:			
	•	a network access charge per connection point per day	$12.00	$13.20	
	•	for maximum demand in a billing period, a charge per day of	13.00c per kVA	14.30c per kVA	
	•	for the maximum demand over the previous 12-month period, a capacity charge per day of	13.00c per kVA	14.30c per kVA	
	•	for energy at business times (as defined)	2.10c per kWh	2.31c per kWh	
	•	for energy at evening  times (as defined)	1.80c per kWh	1.98c per kWh	
	•	for energy at off-peak times (as defined)	1.10c per kWh	1.21c per kWh	
122	HV TOU Demand Network – Customer HV and LV			
	The HV TOU Demand Network charge for a customer that owns and is responsible for their own low voltage network, where the customer owns and is responsible for their high voltage assets (including transformers and switch gear), shall be:			
	•	a network access charge per connection point per day	$12.00	$13.20	
	•	for maximum demand in a billing period, a charge per day of	12.00c per kVA	13.20c per kVA	
	•	for the maximum demand over the previous 12-month period, a capacity charge per day of	12.00c per kVA	13.20c per kVA	
	•	for energy at business times (as defined)	2.10c per kWh	2.31c per kWh	
	•	for energy at evening  times (as defined)	1.80c per kWh	1.98c per kWh	
	•	for energy at off-peak times (as defined)	1.10c per kWh	1.21c per kWh	
135	Small Unmetered Loads Network			
	The Small Unmetered Loads Network charge shall be:			
	•	a network access charge per NMI per day	
26.00c	
28.60c	
	•	all consumption	8.50c per kWh	9.35c per kWh	
141	Internal Network			
	The Internal Network charge shall be:			
	•	a network access charge per day per account	4.00c	4.40c	
	•	all consumption	0.56c per kWh	0.616c per kWh	

Use of network charge
The local distributor charges for the use of the transmission and distribution networks. Because both networks are natural monopolies, the local distributor operates in a completely open and transparent way with respect to these charges.

The use of network charges are published from time to time and all retailers pay identical rates.

The transmission use of system component is paid to the operator of the transmission system. It covers the use of the network from the generator to the distributor’s bulk supply point. As a local distributor ActewAGL pays this amount to Transgrid.

The distribution use of system component covers the use of the distributor’s network from the bulk supply point to the customer’s point of connection.

These charges are subject to independent regulation. They are determined, as far as possible, to be cost reflective. They may include charges imposed by federal, state or territory governments. Current charges contain an amount of 0.2¢ per kilowatt hour for low voltage consumers and 0.19¢ per kilowatt hour for high voltage consumers (exclusive of GST) to recover the cost of the ACT government’s utilities network facilities tax. ActewAGL has established a number of different network rates.

Separate charges for the provision of metering equipment, meter reading and data forwarding will apply.

Application of rates
The network charge applicable to each installation shall be in accordance with the following classification of premises, places and purposes:

The Residential Standard Network charge shall be applicable to installations at private dwellings, excluding serviced apartments, but including:
•	living quarters for members and staff of religious orders
•	living quarters on farms
•	charitable homes
•	retirement villages
•	residential sections of nursing homes and hospitals
•	residential sections of boarding schools and educational institutions
•	churches, buildings or premises which are used principally for public worship
•	approved caravan sites.

Serviced apartments are premises which from time to time are available for hire for accommodation for periods that may be less than one month and where service available to the apartments includes provision and laundering of bed linen.

In respect of multiple dwellings of three or more dwelling units, the Residential Standard Network charge will be applicable only where each dwelling unit is separately metered and the account is in the name of the occupant.

When a portion of a premises is used principally for domestic purposes, loads not exceeding five kilowatts, which are used for other than domestic purposes may be supplied at the Residential Standard Network charge. For this purpose, the loading of equipment shall be taken to be:
•	for permanently connected equipment, the actual rating of the equipment;
•	for light fittings, 60 watts per light fitting;
•	for plug sockets:
•	sockets rated 10 amperes or 10 amperes per phase: 500 watts or 500 watts per phase
•	sockets rated other than 10 amperes: the wattage rating shall be taken as 50 times the current rating of the socket.

The Residential TOU Network charge is available only to customers eligible for the Residential Standard Network charge with a meter able to be read as a time-of-use meter. Customers are ineligible to apply for this charge if they have been on this charge in the previous 12 months and have since been supplied energy at the Residential Standard Network charge, the Residential 5000 Network charge or the Residential with Heat Pump Network charge to that premises.

The Residential 5000 Network charge is available only to customers eligible for the Residential Standard Network charge. Customers are ineligible to apply for this charge if they have been on this charge in the previous 12 months and have since been supplied energy at the Residential Standard Network charge, the Residential TOU Network charge or the Residential with Heat Pump Network charge to that premises.

The Residential with Heat Pump Network charge is available only to customers eligible for the Residential Standard Network charge and who have installed a fixed operational electric appliance which incorporates a mechanical refrigeration unit and a fan or fans, arranged so that the evaporator and the condenser can be switched to heat or cool air blown through the appliance (heat pump). Customers are ineligible to apply for this charge if they have been on this charge in the previous 12 months and have since been supplied energy at the Residential Standard Network charge, the Residential TOU Network charge or Residential 5000 Network charge to that premises.

The General Network charge is available to customers where no other defined charge, except for an off-peak network charge, is utilised, and shall include:
•	installations on farms which are not living quarters and have loads exceeding five kilowatts (as defined above)
•	nursing homes and hospitals, excluding residential sections
•	boarding schools and educational institutions, excluding residential sections
•	motels, hotels, serviced apartments and any form of accommodation used to house temporary residents for periods of less than one month at caravan parks or other temporary accommodation sites
•	shops, offices, warehouses, factories, professional rooms
•	social or sporting club facilities not used for domestic accommodation.

Off-peak charges are available only to customers utilising a controlled load element, taking all other energy at Residential Standard Network or General Network rates. These charges are not available where the customer’s meter is read as an interval meter. The off-peak charges are applicable to permanent heat (or cold) storage installations of a design and rating acceptable to ActewAGL, which absorb their major energy during restricted times, but which may be boosted at the principal charge at other times.

The Off-Peak (1 / 2) Night Network charge is obsolete. It shall be available only to existing installations receiving this service. It shall provide operation for a minimum of six hours and a maximum of eight hours within any one day, between 2200 hours (10.00pm) and 0700 hours (7.00am).

The Off-Peak (3) Day & Night Network charge shall provide operation for a total of 13 hours in any one day. The said 13 hours shall be comprised of eight hours between 2200 hours (10.00pm) and 0700 hours (7.00am) and five hours between 0900 hours (9.00am) and 1700 hours (5.00pm).

ActewAGL will nominate the actual settings on the time switch.

The Off Peak (3) Day & Night Network charge is applicable to:
•	water heating storage units for which a test certificate has been issued indicating compliance with Australian Standard 1056 and having lower or upper and lower elements but with any upper element connected to the principal charge (rated delivery shall be not less than 160 litres)
•	water heating storage units where electricity is used to supplement other forms of energy (for example, solar hot water)
•	storage space heating or cooling including under-floor, concrete-slab heating systems
•	swimming or spa pool heating, and associated auxiliaries, but not to spa baths.

The Streetlighting Network charge shall be applicable to the night-time lighting of streets and public ways and places.

Time of use, time of use demand network and time of use capacity charges. The customer must make available all necessary equipment together with adequate accommodation for the installation and proper maintenance of the installation, all to the satisfaction of ActewAGL.

The low voltage time of use capacity charge is to be applied to all non-residential customers with a generator, other than a stand-by generator, connected on the customer’s side of the meter.  The charge is available to all low voltage customers.  

The high voltage time of use demand charges may be available to customers connected at a nominal voltage not less than 11,000 volts.

The Small Unmetered Loads Network charge shall be applicable to eligible installations less than 1,000 Watts, as determined by ActewAGL, including:
•	telephone boxes
•	telecommunication devices
•	other, as determined by the National Metrology Coordinator.

Consumption charges are calculated based on the assessed rating of the load and the charge period. 

Streetlighting is excluded. Please refer to the Streetlighting Network charge above.

Internal Network charges are available only to ActewAGL sites.

Time periods
•	Business times are defined as from 0700 hours (7.00am) to 1700 hours (5.00pm) on working weekdays.
•	Evening times are defined as from 1700 hours (5.00pm) to 2200 hours (10.00pm) on working weekdays.
•	Off-Peak times are defined as all other times.

Working weekdays are Monday to Friday excluding declared public holidays in the Australian Capital Territory.

•	Max times are defined as from 0700 hours (7.00am) to 0900 hours (9.00am) and from 1700 hours (5.00pm) to 2000 hours (8.00pm) every day.
•	Mid times are defined as from 0900 hours (9.00am) to 1700 hours (5.00pm) and from 2000 hours (8.00pm) to 2200 hours (10.00pm) every day.
•	Economy times are defined as all other times.
•	Controlled economy times are the same rules and times as defined for the Off-Peak (3) Day & Night Network charge, unless the premises has been entitled to the Off-Peak (1 / 2) Night Network charge when the times relating to that charge may apply.

Standard time zone
No change is made for Daylight Savings Time. All times referred to are in Australian Eastern Standard Time.

Network access charges
Network access charges shall be applied per connection point (unless otherwise specified) and applied daily. The network access charge excludes metering charges.

Maximum demand charges
Maximum demand charges shall be applied per connection point (unless otherwise specified) and calculated on the basis of a daily rate for the maximum demand in a billing period. The maximum demand is the highest demand calculated over a 30-minute clocked interval during the billing period.

Capacity charges
Capacity charges shall be applied on the same basis as maximum demand charges and calculated on the basis of a daily rate for the maximum demand recorded over the previous 12-month period. The maximum demand is the highest demand calculated over a 30-minute clocked interval over the relevant period.

Loss factors
AL00	1.0497	for supply at low voltage
AH00	1.0293	for supply at high voltage

Residential Solar Generation
If a customer has a grid-connected, solar energy generation system, the following arrangements shall apply. The customer will pay the published network charge for the net amount of energy imported from ActewAGL’s network. In the event that the customer is a net exporter of energy over a billing period, then ActewAGL Distribution will not charge the customer for the energy exported. The customer will continue to pay the network access charge. This arrangement is available only to residential customers with less than 10 kilowatts installed capacity of solar generation.

Metering charges
Separate charges for the provision of metering equipment, meter reading and data forwarding will apply. ActewAGL will provide ACT metering services for customers using manually-read interval meters (MRIM or Type 5), accumulation and time-of-use meters (BASIC or Type 6) and un-metered connections (UMCP or Type 7). Charges for those services are listed below.

Code	Description	2007-08 GST-exclusive rate	2007-08 GST-inclusive rate	
MP1	Quarterly basic metering rate			
	The quarterly basic metering rate applies to accumulation and time-of-use meters read quarterly			
	•	a metering charge per day per National Metering Identifier (NMI)	9.70c	10.67c	
MP2	Monthly basic metering rate			
	The monthly basic metering rate applies to accumulation and time-of-use meters read monthly			
	•	a metering charge per day per NMI	17.00c	18.70c	
MP3	Time-of-use metering rate			
	The time-of-use metering rate applies to the General TOU Network charge for which time-of-use meters are read manually monthly			
	•	a metering charge per day per NMI	17.00c	18.70c	
MP4	Monthly manually-read interval metering rate 			
	This manually-read interval metering rate applies to all interval meters recording at either 15- or 30-minute intervals, read manually and processed monthly			
	•	a metering charge per day per meter	$1.64	$1.804	
MP5	Internal metering rate			
	The internal metering rate applies to the sites entitled to the Internal Network charge			
	•	a metering charge per day per NMI	5.00c	5.50c	
MP6	Quarterly manually-read interval metering rate 			
	This manually-read interval metering rate applies to all interval meters recording at either 15- or 30-minute intervals, read manually and processed quarterly.			
	•	a metering charge per day per meter	48.00c	52.80c	

Miscellaneous charges
The following charges are payable to ActewAGL for or in connection with the use of the electricity system. These charges apply to work on standard residential and similar installations carried out in normal business hours, unless otherwise stated. Charges for work of greater complexity or outside these hours will be determined individually.

After hours charges, where applicable, apply to services performed outside normal business hours. This applies to all services requested after 1400 hours (2:00pm) on working weekdays where the services are to be performed prior to normal business hours on the next working weekday.

Normal business hours:	0800 hours (8:00am) to 1600 hours (4:00pm) on working weekdays	
After hours:	All other times	

	

	
Code	Description	2007-08 GST-exclusive rate	2007-08 GST-inclusive rate	
For visit to re-energise or de-energise a site			
501	Business hours – re-energise a site	$43.64	$48.00	
502	After hours – re-energise a site	$94.55	$104.00	
503	Business hours – de-energise a site	$40.00	$44.00	
504	Meter test during business hours (deposit)	$54.55	$60.00	
505	De-energise a site for non-payment	$73.64	$81.00	
506	Special meter reading, for example, check read (second in a billing period)	$28.18	$31.00	
507	Install interval meter at customer’s request	$136.36	$150.00	
Temporary connections			
520	Overhead	$313.64	$345.00	
521	Standard underground	$454.55	$500.00	
522	Free-standing underground	$554.55	$610.00	
Services			
530	Overhead: remove, reposition or disconnect service, per site visit	$227.27	$250.00	
531	Underground: remove, reposition or disconnect service, per site visit	$545.45	$600.00	
Upgrade service from single to three phase at customer’s request where load does not justify three phase (Service and Installation Rules clause 3.10)			
532	Overhead	$290.91	$320.00	
533	Underground – service cable replacement not required	$290.91	$320.00	
534	Underground – service cable replacement required	$545.45	$600.00	
540	Installation defect (applied where a revisit to a site is necessitated by obstructed access or non-compliance with the Service and Installation Rules)	$150.00	$165.00	
550	Issue of copies of electrical drawings (per sheet or electronic equivalent) 	$11.82	$13.00	
560	De-energising wires (to allow safe approach, for example, for tree pruning, plant operation, oversize loads, construction activities) 	$363.64	$400.00