Australian Capital Territory

Utilities (Annual Licence Fees Determination 2014-15) Notice 2014 

Notifiable Instrument NI2014-469

made under the
Utilities Act 2000, s 52 (Public notice of licence decisions) (see also s 45 (Determination of fee) and s 53 (Public access to licences etc))

1	Name of instrument
This instrument is the Utilities (Annual Licence Fees Determination 2014-15) Notice 2014.
2	Commencement
This instrument commences on the day after it is notified.
3	Revocation of 2013-14 Annual Licence Fee Determination
This instrument revokes the Utilities (Annual Licence Fees Determination) Notice 2013 (NI2013-433).
4	Determination of licence fees
The Independent Competition and Regulatory Commission (the Commission) gives notice that the Commission has determined the annual licence fees payable by licensed utilities under the Utilities Act 2000 for the year ending on 30 June 2015, as set out in the attached schedule (tables 1 to 3). 

Tables 1 sets out the licence fees for 2014-15 payable by East Australian Pipeline Limited (licensed to supply gas transmission services) and ACTEW Corporation Limited (licensed to supply water and sewerage services).

Table 2 sets out the total estimated regulatory costs for the three ACT government regulators, namely the Commission, the ACT Civil and Administrative Tribunal, and the Environment and Planning Directorate. 

Table 3 sets out the derivation of the licence fees payable including the adjustment for differences between the total estimated regulatory costs for 2013-14 and the total actual regulatory costs for 2013-14.

In determining the licence fee payable by each utility, the Commission had regard to:
•	what it considered the utilities should make as a reasonable contribution towards the costs incurred or expected to be incurred by the three regulators; 
•	the amount of the fee and the way it is worked out; and
•	the relative scope and nature of the services provided by all utilities.

Unless otherwise agreed in writing with the Commission, determined fees, shown in table 1, are payable by the licensee to the Commission in three (3) equal instalments to be paid by: 
•	30 November 2014
•	31 January 2015
•	31 March 2015 

5	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 (www.icrc.act.gov.au);
•	at the Commission’s offices (located at Level 8, 221 London Circuit, Canberra City, ACT) during ordinary office hours; and
•	on the ACT Legislation Register (www.legislation.act.gov.au).

A person may inspect a determination without charge, and may make a copy of all or any part of the document. No charge will apply.

Malcolm Gray
Senior Commissioner
Independent Competition and Regulatory Commission
24 September 2014

This is page 1 (only page) of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2014, NI2014-469

SCHEDULE

Table 1:	Licence fees payable for 2014-151
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited	32,340	
ACTEW Corporation Ltd	796,357	
Total	828,697	
Note:
1 licence fees determined for 2014-15 are based on estimated regulatory costs to be incurred during 2014-15 by the three ACT government regulators (the Commission, the ACT Civil and Administrative Tribunal, and the Environment and Planning Directorate). The fees also take account of any under or over recovery resulting from the difference in costs between those estimated for 2013-14 and the actual costs incurred by the regulators for that year.

Table 2:	Total estimated regulatory costs for each government regulator for 2014-15
Licensee	Utility service component provided	EPD ($)	ACAT ($)	ICRC ($)	Totals ($)	
East Australian Pipeline Limited	Gas transmission	38,160	0	2,500	40,660	
ACTEW Corporation Ltd	Water and sewerage services	560,056	74,506	132,500	767,062	
Total	 	598,216	74,506	135,000	807,722	

Table 3:	Derivation of licence fees payable for gas transmission, and water and sewerage utility services for 2014-15
Licensee	Total estimated regulatory costs for 2013-14	Total actual regulatory costs for 2013-14	Over (+) or under (-) recovery for 2013-14	Total estimated regulatory costs for 2014-15	Licence fees determined for 2014-15 ($)	
East Australian Pipeline Limited	38,660	30,340	8,320	40,660	32,340	
ACTEW Corporation Ltd	704,313	733,608	-29,295	767,062	796,357	
Total	742,973	763,948	-20,975	807,722	828,697