Australian Capital Territory

Utilities (Annual Licence Fees Determination) Notice 2003 (No 1)*

Notifiable Instrument	NI 2003 - 496

made under the

The Utilities Act 2000, s 45 (Determination of Fee)
The Independent Competition and Regulatory Commission (ICRC) has determined that the Annual Licence Fees for the year ending on 30 June 2004 for holding a utility licence, as defined under the Utilities Act (the Act), are as set out in the Schedule.

Table 1 sets out the expected costs in relation to the licensee of the performance by the ICRC and the Essential Services Consumer Council (ESCC) of functions under the Act and associated regulations, and of the costs of technical regulation incurred by ACT Planning and Land Authority (ACTPLA) under Part 5 of the Act. The Annual Licence Fee determined is the sum of 100% of these expected costs relating to the licensee in respect of the utility services as set out in Table 1. 

The ICRC’s functions under the Act in respect of utilities are funded solely from annual licence fees.  There is no budget allocation for technical regulation undertaken by ACTPLA or for the ESCC.  The ICRC has therefore determined that the ESCC’s and ACTPLA’s costs also be recovered through licence fees. 

Unless otherwise agreed in writing with the ICRC, determined fees that are over $10,000 are payable by the Licensee to the ICRC in three (3) instalments to be made on 2 January 2004, 31 March 2004 and 31 May 2004, being as nearly as practicable equal instalments. Any fees under $10,000 are payable by 2 January 2004.

Paul Baxter
Senior Commissioner
4 December 2003

Table 1. Expected costs relating to licensee ($)
	
Licensee	Utility Service	ACT Planning  Land Authority and Workcover	Essential Services Consumer Council	Independent Competition and Regulatory Commission	Total licence Fee 2003 - 2004	
ActewAGL Distribution (Electricity)	Electricity Distribution	 $             28,400 	 $          60,700 	 $            135,400 	 $                     224,500 	
	Electricity Connection Service	 $             14,200 	 $                  -   	 $              67,700 	 $                       81,900 	
ActewAGL Retail (Electricity)	Electricity Supply	 $                     -   	 $        224,300 	 $              28,200 	 $                     252,500 	
AGL South Australia Pty Ltd	Electricity Supply	 $                     -   	 $            1,600 	 $                3,300 	 $                         4,900 	
CitiPower Pty	Electricity Supply	 $                     -   	 $            1,500 	 $                3,400 	 $                         4,900 	
Country Energy (Electricity)	Electricity Supply	 $                     -   	 $            1,600 	 $                3,800 	 $                         5,400 	
ENERGEX Retail Pty Ltd (Electricity)	Electricity Supply	 $                     -   	 $            1,600 	 $                3,500 	 $                         5,100 	
EnergyAustralia	Electricity Supply	 $                     -   	 $            1,600 	 $                3,400 	 $                         5,000 	
Ergon Energy (Vic) Pty Ltd	Electricity Supply	 $                     -   	 $            1,500 	 $                3,200 	 $                         4,700 	
Ferrier Hodgson Electricity Pty Ltd	Electricity Supply	 $                     -   	 $            1,500 	 $                3,100 	 $                         4,600 	
Integral Energy Australia	Electricity Supply	 $                     -   	 $            1,500 	 $                3,200 	 $                         4,700 	
Origin Energy Electricity Ltd	Electricity Supply	 $                     -   	 $            1,500 	 $                3,200 	 $                         4,700 	
AGL Victoria Pty Ltd	Electricity Supply	 $                     -   	 $            1,500 	 $                3,100 	 $                         4,600 	
TXU Electricity Ltd	Electricity Supply	 $                     -   	 $            1,500 	 $                3,100 	 $                         4,600 	
Auspower	Electricity Supply	 $                     -   	 $            1,500 	 $                3,200 	 $                         4,700 	
East Australian Pipeline Ltd 	Gas Transmission	 $                  400 	 $                  -   	 $                5,500 	 $                         5,900 	
ActewAGL Distribution (Gas)	Gas Distribution	 $             79,700 	 $          34,200 	 $            105,600 	 $                     219,500 	
	Gas Connection Service	 $             39,900 	 $                  -   	 $              52,800 	 $                       92,700 	
ActewAGL Retail (Gas)	Gas Supply	 $                     -   	 $        133,900 	 $              29,800 	 $                     163,700 	
Country Energy (Gas)	Gas Supply	 $                     -   	 $            1,500 	 $                8,700 	 $                       10,200 	
ENERGEX Retail Pty Ltd (Gas)	Gas Supply	 $                     -   	 $            1,500 	 $                8,700 	 $                       10,200 	
ACTEW Corporation Ltd	Water Collection and Treatment	 $               7,100 	 $            2,600 	 $              13,200 	 $                       22,900 	
	Water Network	 $               7,100 	 $            2,600 	 $              13,200 	 $                       22,900 	
	Water Distribution	 $               7,100 	 $            2,600 	 $              13,200 	 $                       22,900 	
	Water Connection Service	 $               7,100 	 $                  -   	 $              13,200 	 $                       20,300 	
	Water Supply	 $                     -   	 $          30,900 	 $              28,400 	 $                       59,300 	
	Sewerage Network	 $             14,200 	 $            7,700 	 $              26,400 	 $                       48,300 	
	Sewerage Connection Service	 $             14,200 	 $                  -   	 $              26,400 	 $                       40,600 	
	Sewerage Service	 $                     -   	 $          30,900 	 $              28,400 	 $                       59,300 	
	Total	 $           219,400 	 $        551,800 	 $            644,300 	 $                  1,415,500 	

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	Conveyance of electricity from the point of connection of an electricity distributor’s network to an electricity transmission network, to the point of connection to the customer’s electricity installation.  Electricity distribution includes the control of the conveyance of electricity. 	
6(b)
Electricity connection services	Construction and/or installation of the service line interface between the electricity distribution network and the point of supply to customers’ premises including metering services. 	
6(c)
Electricity supply	Sale and supply of electricity from an electricity distribution network to customers’ premises. 	
9(b)
Gas distribution	Transportation of gas from the point of connection of a gas distributor’s network to a gas transmission network, to the point of connection to the customer’s gas installation. Gas distribution includes the control of the transportation of gas.	
9(c)
Gas connection services	Construction and/or installation of the service line interface between a gas distribution network and the point of supply to the customer’s premises including metering services.	
9(d)
Gas supply	Sale and supply of gas from a gas distribution network to customers’ premises. 	
11(a)
Water collection and treatment	Collection of water in a dam and treatment of the untreated water in a treatment plant.	
11(b)
Water network	Operation and maintenance of a water network for the supply of potable water to customers’ premises. 	
11(c)
Water distribution	Conveyance of water from a water treatment plant, through a water network to the point of connection to the customer’s pipework. Water distribution includes the control of the conveyance of water.	
11(d)
Water connection services	Identification of a tie point on the water main and in some cases construction and/or installation of a tie which will provide the interface between the water utility’s water main and the customer’s pipework. Connection services include metering services. 	
11(e)
Water supply	Sale and supply of potable water from a water network to customers’ premises. 	
13(a)
Sewerage network	Operation and maintenance of a sewerage network for the conveyance of waste water to a sewage treatment plant.	
13(b)
Sewerage connection services	Identification of a tie point on the sewer main and in some cases construction and/or installation of a tie which will provide the interface between the sewerage utility’s sewer main and the customer’s pipework. 	
13(c)
Sewerage service	Conveyance of sewage from the point of connection of the customer’s pipework with the sewerage network to a treatment plant for sewage treatment and disposal.	

Table 3: Annual Licence Fees

Licensee	 Annual Licence Fee ($)	
ActewAGL Distribution (Electricity)	$306,400	
ActewAGL Retail (Electricity)	$252,500	
AGL South Australia Pty Ltd	$4,900	
CitiPower Pty	$4,900	
Country Energy (Electricity)	$5,400	
ENERGEX Retail Pty Ltd (Electricity)	$5,100	
EnergyAustralia	$5,000	
Ergon Energy (Vic) Pty Ltd	$4,700	
Ferrier Hodgson Electricity Pty Ltd	$4,600	
Integral Energy Australia	$4,700	
Origin Energy Electricity Ltd	$4,700	
AGL Victoria Pty Ltd	$4,600	
TXU Electricity Ltd	$4,600	
Auspower/ Yallourn	$4,700	
East Australian Pipeline Ltd 	$5,900	
ActewAGL Distribution (Gas)	$312,200	
ActewAGL Retail (Gas)	$163,700	
Country Energy (Gas)	$10,200	
ENERGEX Retail Pty Ltd (Gas)	$10,200	
ACTEW Corporation Ltd	$296,500