Australian Capital Territory

Utilities (Annual Licence Fees Determination 2013-14) Notice 2013 

Notifiable Instrument NI2013-433

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 2013-14) Notice 2013.
2	Commencement
This instrument commences on the day after it is notified.
3	Revocation of 2012-13 Annual Licence Fee Determination
This instrument revokes the Utilities (Annual Licence Fees Determination) Notice 2012 (NI2012-561).
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 2014, as set out in the attached schedule (tables 1 to 3). 

Tables 1 sets out the licence fees for 2013-14 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 agencies, namely the Commission, the ACT Civil and Administrative Tribunal, and the Environment and Sustainable Development Directorate. 

Table 3 sets out the derivation of the licence fees payable including the adjustment for differences between the total estimated regulatory costs for 2012-13 and the total actual regulatory costs for 2012-13.

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 agencies; 
•	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 2013
•	31 January 2014
•	31 March 2014 

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
26 September 2013

This is page 1 (only page) of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2013, NI2013-

SCHEDULE

Table 1:	Licence fees payable for 2013-141
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited	24,042	
ACTEW Corporation Ltd	611,947	
Total	635,989	
Note:
1 licence fees determined for 2013-14 are based on estimated regulatory costs to be incurred during 2013-14 by the three ACT government agencies (the Commission, the ACT Civil and Administrative Tribunal, and the Environment and Sustainable Development Directorate. The fees also take account of any under or over recovery resulting from the difference in costs between those estimated for 2012-13 and the actual costs incurred by the agencies for that year.

Table 2:	Total estimated regulatory costs for each government entity for 2013-14
Licensee	Utility service component provided	ESDD ($)	ACAT ($)	ICRC ($)	Totals ($)	
East Australian Pipeline Limited	Gas transmission	37,160	0	1,500	38,660	
ACTEW Corporation Ltd	Water and sewerage services	505,056	67,017	132,240	704,313	
Total	 	542,216	67,017	133,740	742,973	
Notes:
1 Environment and Sustainable Development Directorate.
2 ACT Civil and Administrative Tribunal.
3 Independent Competition and Regulatory Commission.

Table 3:	Derivation of licence fees payable for gas transmission, and water and sewerage utility services for 2013-
Licensee	Total estimated regulatory costs for 2012-13	Total actual regulatory costs for 2012-13	Over (+) or under (-) recovery for 2012-13	Total estimated regulatory costs for 2013-14	Licence fees determined for 2013-14 ($)	
East Australian Pipeline Limited	52,089	37,471	14,618	38,660	24,042	
ACTEW Corporation Ltd	853,250	760,884	92,366	704,313	611,947	
Total	905,339	798,355	106,984	742,973	635,989