Australian Capital Territory
Utilities (Annual Licence Fees Determination) Notice 2007 (No 1)
Notifiable instrument NI2007–409
made under the  
Utilities Act 2000, s 52 (1)

1	Name of instrument
This instrument is the Utilities (Annual Licence Fees Determination) Notice 2007 (No 1).
2	Commencement 
This instrument commences on the day after notification. 
3	Determination of licence fees
The Independent Competition and Regulatory Commission (the Commission) has determined that the Annual Licence Fees payable by licensed utilities under the Utilities Act 2000 (the Act) for the year ending on 30 June 2008 are as set out in the attached schedule.
Table 1 sets out the costs expected to be incurred by the Commission, the Essential Services Consumer Council and the chief executive under part 5 (Technical regulation) of the Act, in the exercise of functions in the ACT or elsewhere in relation to utility services. The Annual Licence Fee determined for each utility is the amount considered by the Commission to be a reasonable contribution by that utility to the sum of these expected costs.
In determining the licence fee payable by each utility, the Commission had regard to:
•	the extent of costs in relation to each utility;
•	the annual licence fees payable by all utilities; and
•	the relative scope and nature of the services provided by all
utilities (as set out in Table 2).
Table 3 sets out the Annual Licence Fee payable by each utility.

Unless otherwise agreed in writing with the Commission, determined fees that are over $20,000 are payable by the Licensee to the ICRC in three (3) instalments to be made on 31 December 2007, 28 February 2008 and 28 April 2008 being as nearly as practicable equal instalments. Any fees that are $20,000 or less are payable by 31 December 2007. 
4	Public access to determination of annual licence fees
Copies of the Commission’s determination of annual licence fees are available for inspection by members of the public on the Commission’s Webpage (http://www.icrc.act.gov.au) and from the ICRC during ordinary office hours at Level 2, 12 Moore Street, Canberra City, ACT.

Paul Baxter
Senior Commissioner
for the Independent Competition and Regulatory Commission
30 November 2007

Table 1: Expected costs relating to licensees			
Licensee	Utility Service 	Technical Regulator (ACTPLA and Workcover)	Essential Services Consumer Commission	Independent Competition and Regulatory Commission 	Total 2007-08 Licence Fee	
ActewAGL Distribution (Electricity)	Electricity distribution	$181,200	$1,500	$110,000	$292,700	
 	Electricity connection service	$90,600	$0	$55,000	$145,600	
ActewAGL Retail (Electricity)	Electricity supply	$0	$345,000	$45,000	$390,000	
AGL Sales Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$5,250	$9,000	
AGL Sales (Queensland Electricity) Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$4,250	$8,000	
Aurora Energy Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
Country Energy (Electricity)	Electricity supply	$0	$5,000	$5,000	$10,000	
Dodo Power and Gas Pty Ltd (Electricity)*	Electricity supply	$0	$2,400	$1,425	$3,825	
Energy Australia (Electricity)	Electricity supply	$0	$20,000	$5,000	$25,000	
EnergyOne Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
Integral Energy Australia (Electricity)	Electricity supply	$0	$3,750	$10,000	$13,750	
Jackgreen International Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
Origin Energy Electricity Ltd (Electricity)	Electricity supply	$0	$3,750	$4,250	$8,000	
Powerdirect Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
Red Energy Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
SUN Retail Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$2,350	$6,100	
TRUenergy Pty Ltd (Electricity)	Electricity supply	$0	$6,000	$2,500	$8,500	
TRUenergy Yallourn Pty Ltd (Electricity)	Electricity supply	$0	$3,750	$4,750	$8,500	
East Australian Pipeline Limited (Gas)	Gas transmission	$12,000	$0	$500	$12,500	
ActewAGL Distribution (Gas)	Gas distribution	$173,200	$1,500	$110,000	$284,700	
 	Gas connection service	$78,600	$0	$55,000	$133,600	
ActewAGL Retail (Gas)	Gas supply	$0	$120,000	$48,000	$168,000	
Country Energy (Gas)	Gas supply	$0	$6,300	$4,750	$7,750	
Dodo Power and Gas Pty Ltd (Gas)*	Gas supply	$0	$1,775	$2,425	$4,200	
Energy Australia (Gas)	Gas supply	$0	$8,250	$5,750	$14,000	
Jackgreen International Pty Ltd	Gas supply	$0	$2,850	$3,750	$6,600	
SUN Retail Pty Ltd 	Gas supply	$0	$2,850	$3,750	$6,600	
TRUenergy Pty Ltd (Gas)	Gas supply	$0	$3,500	$4,100	$7,600	
ACTEW Corporation Ltd	Water collection and treatment	$45,400	$0	$20,500	$65,900	
 	Water network	$45,400	$1,500	$20,500	$67,400	
 	Water distribution	$45,400	$0	$20,500	$65,900	
 	Water connection service	$45,400	$0	$20,500	$65,900	
 	Water supply	$0	$59,945	$20,500	$80,445	
 	Sewerage network	$45,400	$1,500	$20,500	$67,400	
 	Sewerage connection service	$45,400	$0	$20,500	$65,900	
 	Sewerage service	$0	$1,500	$20,500	$22,000	
Total	 	$808,000	$629,320	$668,550	$2,105,870	
* Fee is for 9 months of the year only, as licence was issued in late September 2007.

Table 2: Scope and nature of services provided by licensee
Section of the Act/
Utility Service	Scope and nature of services	
6(a)
Electricity distribution	Distribution of electricity through an electricity network. 	
6(b)
Electricity connection
services
	
Connection of premises to an electricity distribution network; or variation of the capacity of the connection between premises and an electricity distribution network.	
6(c)
Electricity supply	Supply of electricity from an electricity network to premises for consumption. 	
9(a)
Gas transmission	Transmission of gas through a gas transmission network. 
	
9(b)
Gas distribution	Distribution of gas through a gas distribution network. 
	
9(c)
Gas connection services	Connection of premises to a gas distribution network; or
variation of the capacity of the connection between premises and a gas distribution network.	
9(d)
Gas supply	Supply gas through a gas distribution network to premises for consumption.  	
11(a)
Water collection and
treatment	Collection or treatment of water, or both, for distribution through a water network. 	
11(b)
Water network	Making a water network available for the provision of water connection services.	
11(c)
Water distribution	Distribution of water through a water network.	
11(d)
Water connection
Services	Connection of premises to a water network; or variation of the capacity of the connection between premises and a water network.	
11(e)
Water supply	Supply of water from a water network to premises for consumption. 	
13(a)
Sewerage network	Making a sewerage network available for the provision of sewerage connection services.	
13(b)
Sewerage connection
Services	Connection of premises to a sewerage network; or variation of the capacity of the connection between premises and a sewerage network.	
13(c)
Sewerage service	Conveyance, collection, treatment and disposal of sewage by a person from the premises of another person.	

Table 3: Annual licence fees		
Licensee	Total licence fee 2007-08	
ActewAGL Distribution (Electricity)	$438,300	
ActewAGL Retail (Electricity)	$390,000	
AGL Sales Pty Ltd (Electricity)	$9,000	
AGL Sales (Queensland Electricity) Pty Ltd (Electricity) 	$8,000	
Aurora Energy Pty Ltd (Electricity)	$6,100	
Country Energy (Electricity)	$10,000	
Dodo Power and Gas Pty Ltd (Electricity)	$3,825	
Energy Australia (Electricity)	$25,000	
EnergyOne Pty Ltd (Electricity)	$6,100	
Integral Energy Australia (Electricity)	$13,750	
Jackgreen International Pty Ltd (Electricity)	$6,100	
Origin Energy Electricity Ltd (Electricity)	$8,000	
Powerdirect Pty Ltd (Electricity)	$6,100	
Red Energy Pty Ltd (Electricity)	$6,100	
SUN Retail Pty Ltd (Electricity)	$6,100	
TRUenergy Pty Ltd (Electricity)	$8,500	
TRUenergy Yallourn Pty Ltd (Electricity)	$8,500	
East Australian Pipeline Limited (Gas)	$12,500	
ActewAGL Distribution (Gas)	$418,300	
ActewAGL Retail (Gas)	$168,000	
Country Energy (Gas)	$7,750	
Dodo Power and Gas Pty Ltd (Gas)	$4,200	
Energy Australia (Gas)	$14,000	
Jackgreen International Pty Ltd (Gas)	$6,600	
SUN Retail Pty Ltd (Gas)	$6,600	
TRUenergy Pty Ltd (Gas)	$7,600	
ACTEW Corporation Ltd	$500,845	
Total 	$2,105,870