Australian Capital Territory
Utilities (Annual Licence Fees Determination) Notice 2005 (No 1)
Notifiable instrument NI2005–372
made under the  
Utilities Act 2000, s 52 (1)

1	Name of instrument
This instrument is the Utilities (Annual Licence Fees Determination) Notice 2005 (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 2006 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 $10,000 are payable by the Licensee to the ICRC in three (3) instalments to be made on 21 November 2005, 20 January 2006 and 20 March 2006 being as nearly as practicable equal instalments. Any fees under $10,000 are payable by 21 November 2005. 
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 7, Eclipse House, 197 London Circuit, Civic ACT.

Paul Baxter
Senior Commissioner
for the Independent Competition and Regulatory Commission
12 October 2005

Table 1: Expected costs relating to licences			
Licensee	Utility Service 	Technical Regulator (ACTPLA and Workcover)	Essential Services Consumer Commission	Independent Competition and Regulatory Commission 	Total 2005-06 Licence Fee	
ActewAGL Distribution	Electricity distribution	 $       47,900 	 $      81,000 	 $        159,100 	 $       288,000 	
 	Electricity connection service	 $       23,900 	 $             -   	 $         77,000 	 $       100,900 	
ActewAGL Retail	Electricity supply	 $              -   	 $    243,700 	 $         15,800 	 $       259,500 	
AGL Electricity Ltd	Electricity supply	 $              -   	 $        1,600 	 $           4,600 	 $          6,200 	
AGL Victoria 	Electricity supply	 $              -   	 $        1,600 	 $           3,400 	 $          5,000 	
Aurora Energy	Electricity supply	 $              -   	 $        1,600 	 $           3,400 	 $          5,000 	
Country Energy	Electricity supply	 $              -   	 $        2,200 	 $           4,000 	 $          6,200 	
Energex  	Electricity supply	 $              -   	 $        1,800 	 $           3,200 	 $          5,000 	
Energy Australia	Electricity supply	 $              -   	 $        3,400 	 $           2,800 	 $          6,200 	
EnergyOne Pty Ltd	Electricity supply	 $              -   	 $        1,600 	 $           3,400 	 $          5,000 	
Ergon Energy Pty Ltd	Electricity supply	 $              -   	 $        1,700 	 $           3,300 	 $          5,000 	
Integral Energy Australia	Electricity supply	 $              -   	 $        1,700 	 $           3,300 	 $          5,000 	
Origin Energy Electricity Ltd	Electricity supply	 $              -   	 $        1,700 	 $           3,300 	 $          5,000 	
TRUenergy Yallourn Pty Ltd 	Electricity supply	 $              -   	 $        1,600 	 $           3,400 	 $          5,000 	
Powerdirect	Electricity supply	 $              -   	 $        1,600 	 $           3,400 	 $          5,000 	
East Australian Pipeline Ltd 	Gas transmission	 $         3,400 	 $             -   	 $           2,500 	 $          5,900 	
ActewAGL Distribution	Gas distribution	 $       59,000 	 $      39,500 	 $        108,300 	 $       206,800 	
 	Gas connection service	 $       29,500 	 $             -   	 $         51,800 	 $        81,300 	
ActewAGL Retail	Gas supply	 $         5,400 	 $    135,200 	 $         20,000 	 $       160,600 	
ENERGEX Gas Retail	Gas supply	 $              -   	 $        1,800 	 $           7,700 	 $          9,500 	
Country Energy	Gas supply	 $              -   	 $        2,000 	 $           7,500 	 $          9,500 	
TRUenergy Pty Ltd	Gas supply	 $              -   	 $        1,500 	 $           6,300 	 $          7,800 	
Energy Australia	Gas supply	 $              -   	 $        3,900 	 $           5,600 	 $          9,500 	
Actew Corporation 	Water collection and treatment	 $       12,400 	 $        2,700 	 $         17,000 	 $        32,100 	
 	Water network	 $       12,200 	 $        3,100 	 $         13,900 	 $        29,200 	
 	Water distribution	 $       12,200 	 $        3,100 	 $         13,900 	 $        29,200 	
 	Water connection service	 $       12,200 	 $             -   	 $         13,900 	 $        26,100 	
 	Water supply	 $              -   	 $      38,000 	 $         29,800 	 $        67,800 	
 	Sewerage network	 $       24,300 	 $        9,500 	 $         27,700 	 $        61,500 	
 	Sewerage connection service	 $       24,300 	 $             -   	 $         27,700 	 $        52,000 	
 	Sewerage service	 $              -   	 $      38,000 	 $         29,700 	 $        67,700 	
Total	 	 $     266,700 	 $    625,100 	 $        676,700 	 $    1,568,500 	

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	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 2005-06	
ActewAGL Distribution (Electricity)	 $   388,900 	
ActewAGL Retail (Electricity)	 $   259,500 	
AGL Electricity Ltd (Electricity)	 $      6,200 	
AGL Victoria Pty Ltd (Electricity)	 $      5,000 	
Aurora Energy Pty Ltd (Electricity)	 $      5,000 	
Country Energy (Electricity)	 $      6,200 	
Energex Retail Pty Ltd (Electricity)	 $      5,000 	
Energy Australia (Electricity)	 $      6,200 	
EnergyOne Pty Ltd (Electricity)	 $      5,000 	
Ergon Energy Pty Ltd (Electricity)	 $      5,000 	
Integral Energy Australia (Electricity)	 $      5,000 	
Origin Energy Electricity Ltd (Electricity)	 $      5,000 	
TRUenergy Yallourn Pty Ltd (Electricity)	 $      5,000 	
Powerdirect Pty Ltd (Electricity)	 $      5,000 	
East Australian Pipeline Limited (Gas)	 $      5,900 	
ActewAGL Distribution (Gas)	 $   288,100 	
ActewAGL Retail (Gas)	 $   160,600 	
ENERGEX Retail Pty Ltd (Gas)	 $      9,500 	
Country Energy (Gas)	 $      9,500 	
TRUenergy Pty Ltd (Gas)	 $      7,800 	
Energy Australia (Gas)	 $      9,500 	
ACTEW Corporation Ltd	 $   365,600 	
Total 	 $1,568,500