AER - Final Decision - AusNet Services Distribution Determination 2021-26 - Overview - April 2021
AER - Final Decision - AusNet Services Distribution Determination 2021-26 - Overview - April 2021
AER - Final Decision - AusNet Services Distribution Determination 2021-26 - Overview - April 2021
AusNet Services
Distribution Determination
2021 to 2026
Overview
April 2021
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AusNet Services owns and operates one of the five electricity distribution network
service providers in Victoria and services around 737 000 customers across the east of
Victoria, from the edge of Melbourne to the border with New South Wales.
On 31 January 2020, AusNet Services submitted its regulatory proposal for the
five year regulatory control period commencing 1 July 2021. On 3 December 2020,
AusNet Services submitted a revised proposal in response to the AER's draft decision
of 30 September 2020.
In its revised regulatory proposal, AusNet Services went beyond the requested
updates and proposed additional capex. Based on our rigorous assessment of the
capex categories that had revised forecasts beyond what we assessed in the draft
decision, we reduced AusNet Services’ revised capex forecast particularly for new
connections. We accepted the majority of proposed operating expenditure (opex) in
our draft decision and AusNet Services revised proposal raised bushfire liability
insurance premium forecast cost increases, an important issue. We worked
collaboratively to determine an efficient forecast insurance premium amount and have
included it in the total opex we approved.
We are satisfied that the amount of money we have allowed AusNet Services to
recover from consumers is no more than necessary to replace ageing infrastructure
and operate its network in a safe and reliable manner in the long term interest of
consumers.
AusNet Services can recover $3470.5 million ($ nominal) from its consumers over the
2021–26 regulatory control period. In real terms, this is 1.6 per cent higher than the
revenue allowed for in our 2016–20 final decision and leads to higher network charges
for AusNet Services’ consumers from the next regulatory control period.
The revenue we allow forms the distribution network component of retail electricity
bills, making up about 34 per cent of a standard residential bill (39 per cent for small
businesses).
We are mindful that estimated distribution network charges for AusNet Services’
consumers will increase while those for the other Victorian distribution businesses
decrease. This increase does not mean that AusNet Services’ consumers are paying
more than necessary, rather the differences between businesses do sometimes result
in differing outcomes at a point in time.
AusNet Services’ annual revenue requirement for the 2021–26 regulatory control
period reflects a real increase relative to its current regulatory control period (2016–
20). This increase is largely driven by increased regulatory depreciation being
recovered from consumers over 2021–26 regulatory control period because
AusNet Services spent money on capex in the current (2016-20) period which
increased its asset base. This asset base growth, one of the highest relative to the
other Victorian distribution businesses, is driven by the investments it made to address
bushfire risk. While AusNet Services’ asset base has grown, it still spent less than the
efficient and prudent level of total forecast capex approved in our 2016 final decision.
Money spent on capex is added to the asset base and recovered from consumers
through return of (depreciation) and on (cost of capital) capital.
While the current regulatory control period saw a high asset base growth impacting the
network charges in the next regulatory period, in this final decision AusNet Services’
forecast capex is 21.3 percent lower than what it spent over the current regulatory
period. This should result in its asset base stabilising over the 2021–26 period to one
of the lowest asset base growth levels relative to other Victorian distribution
businesses and thus benefit consumers in future periods through lower return of and
on, capital recovered through network charges. Customer Forum negotiation played a
significant part in this outcome. AusNet Services’ actual opex in the current regulatory
period is also below the amount we forecast in our 2016 final decision. Consumers
benefit from this lower revealed amount because it is used as the starting point to
forecast the efficient level of opex in the next regulatory period.
We note that $12 of the estimated $27 increase in the first year of the 2021–26
regulatory control period is due to AusNet Services’ Advanced Metering Infrastructure
(AMI) charges (metering charges). This first year (2021–22) increase is a result of us
applying the revenue recovery profile which was the outcome of the AER’s 2018 AMI
decision. AusNet Services’ profile differs from the other distributors and therefore they
do not have an increase in 2021–22. This first year increase occurs as
AusNet Services’ revenue recovery for metering services returns to trend after the
adjustments relating to the AER’s 2018 AMI decision. The 2018 AMI decision resulted
in a larger adjustment for AusNet Services than the other Victorian businesses, with a
revenue recovery profile being set for three years to account for this outcome, in
contrast to the one year adjustment for the other businesses.
Finally, our approach to estimating network charges uses the change of revenue we
allow divided by demand (energy consumption) forecast. This means a lower demand
forecast results in a higher price. AusNet Services submitted that for reasons including
energy efficiency improvements, growth in solar PV and changes in consumer
behaviour, its demand is forecast to decrease over the 2021–26 regulatory control
period. Whereas the other Victorian distribution businesses’ demand is forecast to
increase. Consumers have already seen changes from last years prices because new
distribution network charges were passed through to Victorian consumers for
six months on 1 January 2021 with the introduction of the National Energy Legislation
Amendment Act 2020 (Vic) (NELA Act).1 In making this final decision we updated a
range of components that were used to calculate the lower distribution network
charges that were passed on to consumers on 1 January 2021. In particular, we
updated the rate of return to reflect movements in interest rates and our revised
estimate of expected inflation. As a result of these updates, distribution network
charges starting 1 July 2021 will be 6.4 per cent higher than the distribution network
charges that were set on 1 January 2021, and 1.6 per cent higher than the distribution
network charges that were in place in 2020. We still need to consider other factors that
will impact the final distribution network charge that consumers and business pay –
these will be considered when we assess AusNet Services’ annual pricing proposal. 2
In making this final decision we have had regard to a range of sources including
AusNet Services' revised proposal, submissions received, as well as analysis
undertaken and published by us.
A key development of the 2021–26 determination has been the positive shift by the
distributors in relation to improved consumer engagement.
1
The intention of the NELA was to change the timing of the regulatory control period for electricity distribution
networks from a calendar year basis to a financial year basis, to align with other NEM states. We separately
assessed the total allowed revenue for AusNet Services for the six month period from 1 January 2021 to 30 June
2021. See our final decision of 28 October 2020 at https://www.aer.gov.au/networks-pipelines/determinations-
access-arrangements/ausnet-services-determination-2021-26/aer-position#step-72919.
2
See Pricing proposals & tariffs webpage on the AER’s website: https://www.aer.gov.au/networks-
pipelines/determinations-access-arrangements/pricing-proposals-tariffs.
3
AER, Draft decision, AusNet Services distribution determination 2021–26, Overview, September 2020, Table 7, p.
46.
We recognise that consumer engagement can take many different approaches and to
assist in the final decision we have continued to refer to the framework as outlined in
the draft decision, which provides a benchmark for the discussion. We acknowledge
that each distributor approached engagement differently and AusNet Services
demonstrated this innovation through the New Reg trial. This engagement drove
greater levels of involvement by consumers, and sought their feedback and influence
at a greater level of detail, over a broad range of topics. One notable innovation arising
from negotiations with the Customer Forum is the Customer Service Incentive
Scheme, which provides an incentive for AusNet Services to continue to monitor and
improve the customer experience.
Ensuring consumers pay no more than necessary for safe and reliable
services
Ensuring consumers pay no more than necessary for safe and reliable electricity is a
cornerstone of the regulatory determination process. We must assess whether a
business’ proposal is a reasonable and realistic forecast of how much money it needs
for the safe and reliable operation of the network. It also involves encouraging
distributors to explore how they can provide better services at lower cost through a
range of incentive schemes.
Our final decision finds AusNet Services' opex acceptable but the reproposed capex
which is higher than our draft decision, not acceptable.
4
CF final engagement report; AusNet Services RRP, Appendix #A – Customer Forum Memo – December 2020,
p.1-3.
AusNet Services' initial capex proposal was 19 per cent below its current regulatory
period capex and we accepted it subject to adjustments to address changes in
economic conditions, reclassification of some expenditures and corrections. Our top
down and bottom up assessments found the initially proposed capex largely
acceptable with the exception of adjustments for real cost escalation and connections
to better account for COVID-19 effects.
AusNet Services' acknowledged us accepting its initial capex proposal but redeveloped
a few capex category level forecasts leading to a total capex amount that was
5 per cent higher than our draft decision.
We carefully assessed the proposed capex changes and found that they are mostly
acceptable except for how AusNet Services developed its net connections capex
amount. Our analysis resulted in a $48 million increase in capital contributions leading
to a corresponding decrease in the net connections capex that is included in our total
capex forecast. We also reduced AusNet Services' rapid earth fault current limiter
(REFCL) compliance related capex by $4 million as some of the program could
prudently be deferred to beyond the 2021–26 regulatory control period.
Our final decision accepts AusNet Services' updated revised total opex proposal of
$1238.7 million ($2020–21). This is because it is not materially different to our
alternative opex estimate of $1226.8 million ($2020–21). We acknowledge there is
some uncertainty with future insurance premium forecasts, but believe businesses
should be incentivised through our framework to achieve efficient outcomes and lower
prices for consumers in subsequent periods by including these costs in the total opex
forecast. AusNet provided a higher updated revised proposal with a step change of
$45.1 million ($2020–21) for these future premium increases. We considered this was
reasonable and have accepted it as a part of its total opex proposal. As a result we
have not accepted the proposed insurance premium event nominated cost pass
through for the 2021–26 regulatory control period.
5
See https://www.aer.gov.au/communication/aer-makes-determination-on-cpus-application-for-a-jurisdictional-
scheme.
Facilitating the transition of the energy system is a key theme for this Victorian
regulatory determination process. Mechanisms such as expenditure to physically
accommodate greater solar exports, tariff price signals and demand management
initiatives can help. We consider the transition of the energy system so important that
we have made incentivising networks to become platforms for energy services a
strategic objective in our regulation of networks.
Cost reflective network tariffs also have an important part to play in the energy
transition by incentivising the location and use of DER to optimise benefits to
consumers and networks.
We engaged rigorously with the electric vehicle (EV) sector and heard many different
perspectives. We encourage electric vehicle charging station and energy storage
proponents to engage with the Victorian distributors on tariff trials. We see trials as a
valuable way of proving out new and innovative service models to inform future
network tariffs.
Our view is that it is important that EV charging stations face cost reflective network
tariffs to minimise new network investment that increases costs for all consumers.
Consistent with our view, charging stations which install load limiting devices can
6
See https://www.aemc.gov.au/rule-changes/access-pricing-and-incentive-arrangements-distributed-energy-
resources.
7
This included retailers and jurisdictional government entities
Note .................................................................................................................. 9
Contents .....................................................................................................1-10
1.2 Key differences between our final decision and AusNet Services’
revised proposal ..................................................................................1-14
Our final decision for AusNet Services determines the total revenue it can recover from
consumers for the provision of common distribution services (standard control services
(SCS)). This forms the basis of AusNet Services' distribution tariffs for the 2021–26
regulatory control period. AusNet Services' Tariff Structure Statement (TSS) sets out
the tariff structure through which it will recover its regulated revenue for SCS from
consumers.
AusNet Services also provides alternative control services (ACS), the costs of which
are recovered only from users of those services. These costs are considered
separately to our building block determination. 8 Our final decision sets out the prices
AusNet Services is allowed to charge consumers for the provision of ACS: ancillary
network services, public lighting and total revenue for metering. AusNet Services has
not proposed to provide any services on a negotiated basis in the 2021–26 regulatory
control period. 9
The total revenue allowance in this 2021–26 final decision is 1.6 per cent higher than
the revenue provided for in our 2016–20 final decision in real terms. Although real
revenues fall throughout the 2021–26 regulatory control period, they do not fall at such
a pace that prevents an overall increase in real revenues when comparing across the
two periods as a whole. Figure 1 shows real revenue stays flat from 2020 levels to the
first year of the next regulatory control period. After that, AusNet Services' revenue
allowance falls in real terms by 1.7 per cent per year.
8
We discuss alternative control services in Attachment 16 to this final decision.
9
Our distribution determination for AusNet Services includes an approved negotiating framework and negotiated
distribution service criteria, as required by the NER. Because AusNet Services has not included any negotiated
services in its proposal, these elements of our determination will be inactive for the 2021–26 regulatory control
period.
Figure 2 highlights the key drivers of the change in AusNet Services' allowed revenue
from the 2016–20 regulatory control period compared to what we expect in the 2021–
26 regulatory control period. It illustrates that the largest driver of change is the return
of capital building block which increases revenues by $305.1 million in the 2021–26
regulatory control period compared to the 2016–20 period. Because AusNet Services
added new equipment to its network over the last five years, its regulatory asset base
(RAB) is increasing and so has its depreciation. AusNet Services' increase in
depreciation is also affected by lower expected inflation over the 2021–26 regulatory
control period and also the accelerated depreciation of certain assets. 10 The return on
capital is the next most significant driver. The nominal rate of return has decreased
from around 6.31 per cent in the 2016–20 regulatory control period to 4.83 per cent for
the 2021–26 period. As a result, the total cost of capital had reduced by $237.1
million. 11 In 2019, we reviewed how we calculate the cost of corporate tax and made
changes to our approach to align with the latest rulings of the Australian Tax Office.
This means we expect the cost of corporate tax for AusNet Services will be lower than
it was in the past. As a result, Figure 2 also shows a decrease in the cost of corporate
tax building block of $148.3 million. 12 Revenue adjustments that are largely related to
our Capital expenditure sharing scheme (CESS) and Efficiency benefit sharing scheme
(EBSS) are also a significant driver of revenues and increases revenues by $174.8
million compared to the 2016–20 period. Forecast opex has reduced by $49.0 million
compared to the 2016–20 regulatory control period. 13
10
Please see section 2.3 for further details.
11
The rate of return is a nominal rate of return unless stated otherwise. The real rate of return has decreased by a
similar amount. Please see section 2.2 for further details.
12
Please see section 2.6 for further details.
13
Please see section 2.5 for further details. This comparison is based on converting 2016–20 forecast opex for
inflation to 2020–21 dollar terms using lagged CPI.
Figure 3 compares our final decision forecast RAB to AusNet Services' revised
proposed and actual RAB. AusNet Services proposed to reduce its capex going
forward which would have led to its RAB being stabilised. We reviewed this proposal
carefully and have mostly accepted its forecast spending subject to a few reductions.
AusNet Services' RAB is forecast to increase by around 2.8 per cent in real terms over
the 2021–26 regulatory control period. In the previous 2016–20 regulatory control
period, its RAB increased by 19.7 per cent in real terms. 14
14
Please see section 2.1 for further details.
We have largely accepted AusNet Services' revenue proposal and the difference is
due to our updating of the proposed building block amounts using more recent
information.
The biggest contributor to the difference between our final decision revenue and
AusNet Services' revised proposal is regulatory depreciation. Our estimate of the
regulatory depreciation of $850.4 million is $81.6 million ($ nominal) or 10.6 per cent
higher than AusNet Services' revised proposal estimate of $768.7 million ($ nominal).
The main driver of this difference is the lower expected inflation which resulted from
our inflation review. Our latest version of the Post-tax revenue model (PTRM)
(version 5) released in April 2021 amended the way we estimate inflation, in order to
improve our estimation in periods of economic instability or sustained periods of low or
high inflation. 15 Our final decision estimates expected inflation of 2.00 per cent, which
is lower than AusNet Services' estimate of expected inflation of 2.37 per cent.
15
AER, Final position paper - Regulatory treatment of inflation, December 2020, p. 6.
Based on evidence before us, we are not satisfied that AusNet Services' revised
proposed forecast capex of $1432.9 million ($2020–21) reasonably reflects prudent
and efficient costs. Our substitute capex forecast is $48.8 million ($2020–21) or
3.4 per cent lower, than the revised proposal. This leads to a lower forecast RAB than
AusNet Services' revised proposal.
Table 1 shows the estimated average annual impact of our final decision for the 2021–
26 regulatory control period on electricity bills for residential and small business
customers.
We estimate the expected impact on bills by varying the distribution charges in line
with our 2021–26 final decision, while holding all other components constant. This
approach isolates the effect of our final decision on distribution network tariffs from
other parts of the bill. However, this does not mean that other components will remain
unchanged across the regulatory control period. 16
Under the final decision we estimate that compared to 2020 charges, the distribution
network and metering charges ($ nominal) in AusNet Services' area:
• for an average residential consumer would:
o increase by $27 (1.6 per cent) in the first year of the 2021–26 regulatory
control period
o increase on average by $4 (0.2 per cent) for each of the remaining four
years of the 2021–26 regulatory control period.
• for an average small business consumer would:
o increase by $95 (1.2 per cent) in the first year of the 2021–26 regulatory
control period
o increase on average by $21 (0.3 per cent) for each of the remaining four
years of the 2021–26 regulatory control period.
16
It also assumes that actual energy consumption will equal the forecast adopted in our final decision. Since AusNet
Services operates under a revenue cap, changes in energy consumption will also affect annual electricity bills
across the 2021–26 regulatory control period.
Metering 12 0 0 0 0
Small business annual bill 7945b 8040 8066 8087 8106 8124
Metering 12 0 0 0 0
Metering 10 0 0 0 0
Small business annual bill 7945b 7922 7957 7988 8018 8046
Annual change (per cent)c –23 (–0.3%) 35 (0.4%) 31 (0.4%) 29 (0.4%) 28 (0.3%)
Metering 10 0 0 0 0
Source: AER analysis; Essential Services Commission, Victorian Default Offer to apply from 1 January 2020 – Final
decision, 18 November 2019, p. 76.
(a) Annual bill for 2020 is sourced from Essential Services Commission, Victorian Default Offer to apply from 1
January 2020 – Final decision and reflects the average consumption of 4000 kWh for residential customers
in Victoria. This is then indexed by CPI for the half year period from 1 January 2021 to 30 June 2021 to allow
comparison of the bill impact from 1 July 2021 onwards.
(b) Annual bill for 2020 is sourced from Essential Services Commission, Victorian Default Offer to apply from 1
January 2020 – Final decision and reflects the average consumption of 20000 kWh for small business
customers in Victoria. This is then indexed by CPI for the half year period from 1 January 2021 to 30 June
2021 to allow comparison of the bill impact from 1 July 2021 onwards.
(c) Annual change amounts and percentages are indicative. They are derived by varying the distribution
component of the 2020 bill amounts in proportion to yearly expected revenue divided by forecast energy as
provided by AusNet Services. Actual bill impacts will vary depending on electricity consumption and tariff class.
AusNet Services used a revenue per customer approach to measure bill impacts,
whereas our approach is different, leading to some differences in the forecast impacts.
The revenue per customer approach uses the change of revenue divided by customer
numbers. Our approach uses the change of revenue divided by energy consumption.
The concepts are closely related as forecast increases in customer numbers will also
1-17 Overview | Final decision – AusNet Services 2021–26
be reflected in greater forecast energy consumption. Forecast energy consumption,
however, can also change due to any changes in the average level of energy each
customers is forecast to consume. In this regard, using energy consumption is seen as
a way to capture more potential sources of bill changes from one year to the next. This
matter is discussed further in attachment 1.
Our calculated bill impact assessment for AusNet Services shows a $44 increase from
2020 to 2025–26. However, our similar bill impact assessments for each of the other
Victorian distributors show reductions. There are several factors for this difference
including:
• AusNet Services’ aggregate consumption profile is forecast to decrease over the
2021–26 regulatory control period, whereas for each of the other Victorian
distributors it is forecast to increase. In our approach, a lower energy throughput
results in a higher price path. AusNet Services’ Annual Revenue Requirement
(ARR) for the 2021–26 regulatory control period reflects a 1.4 per cent real
increase relative to the ARR for the 2016–20 regulatory control period whereas for
each of the other Victorian distributors, there is a period to period real reduction.
Figure 2 shows the relative change to each revenue building block between the
2016–20 and 2021–26 regulatory periods. On the other hand, AusNet Services’
RAB growth over the 2016–21 period of 23.3 per cent (Figure 3) is the second
highest among the Victorian distributors and this is a factor in AusNet Services
having a period-to-period reduction in return on capital which is (in percentage
terms) the second-lowest among the Victorian distributors. This relatively high
2016–21 RAB growth along with a large amount of accelerated depreciation in the
2021–26 regulatory control period also contributes to AusNet Services having the
highest period-to-period increase (in percentage terms) to regulatory depreciation
among the Victorian distributors. While higher depreciation increases revenue in
the period in which it occurs, all things being equal it reduces the forecast RAB
which leads to a lower return on capital (and therefore revenue) in future periods.
• AusNet Services’ forecast (revenue-capped) metering services per customer in
2025–26 are higher than those in 2020 whereas for each of the other Victorian
distributors, they are lower.
In our price path calculation, for the 2020 base year revenue, we use the total allowed
revenue (TAR) and adjust for consumer price index (CPI). AusNet Services’ 2020 TAR
includes a B factor reduction to true-up recent over-recovery of revenue. This B factor
reduction for AusNet Services is the largest among the Victorian distributors. Similarly,
Jemena and Powercor also each include a (smaller) B factor reduction to 2020
revenue while conversely CitiPower and United Energy each include a B factor
addition. AusNet Services’ relatively lower base (2020) revenue therefore accentuates
the bill increase arising from our decision for the 2021–26 regulatory control period.
We use an incentive approach where, once regulated revenues are set for a five year
period, networks who keep actual costs below the regulatory forecast of costs retain
part of the benefit. This incentive framework is a foundation of the regulatory
framework, and is consistent with the National Electricity Objective (NEO). Service
providers have an incentive to become more efficient over time, as they retain part of
2-19 Overview | Final decision – AusNet Services 2021–26
the financial benefit from improved efficiency. Consumers also benefit when efficient
costs are revealed and a lower cost benchmark is set in subsequent regulatory
periods.
Our final decision on AusNet Services' distribution revenues for the 2021–26 regulatory
control period is set out in Table 2
Table 2 AER's final decision on AusNet Services' revenues for the 2021–
26 regulatory control period ($ million, nominal)
Cost of corporate income tax 0.0 0.0 0.0 0.0 0.0 0.0
Annual expected revenue (smoothed) 690.8 692.4 694.1 695.7 697.4 3470.5
As part of our decision on AusNet Services' revenue for 2021–26, we make a decision
on AusNet Services' opening RAB as at 1 July 2021. We use the RAB at the start of
Our final decision is to determine an opening RAB value of $4657.4 million ($ nominal)
as at 1 July 2021 for AusNet Services. This amount is $1.0 million (or less than
0.1 per cent) higher than AusNet Services' revised proposed opening RAB of
$4656.5 million ($ nominal) as at 1 July 2021. 17 While we largely accept the proposed
methodology for calculating the opening RAB, in AusNet Services' roll forward model
(RFM) we have amended inputs for the six month period of 1 January to 30 June 2021
(the six month 2021 period) for forecast depreciation, the nominal rate of return and
equity raising costs.
To determine the opening RAB as at 1 July 2021, we have rolled forward the RAB over
the 2016–20 regulatory control period and a further roll forward for the six month 2021
period 18 to arrive at a closing RAB value at 30 June 2021 in accordance with our RFM.
This roll forward includes an adjustment at the end of the 2016–20 regulatory control
period to account for the difference between actual 2015 capex and the estimate
approved in the 2016–20 determination. 19 All other end of period adjustments are
applied at 30 June 2021 to establish the opening RAB value at 1 July 2021. 20
Table 3 sets out the roll forward of the RAB to the end of the 2016–21 period.
Table 3 AER's final decision on AusNet Services' RAB for 2016–21 period
($ million, nominal)
Inflation indexation on opening RAB 52.0 36.9 73.7 84.5 68.6 54.5
17
AusNet Services, EDPR 2022–26 Revised Regulatory Proposal, December 2020, pp. 100–101.
18
The additional roll forward for six months is due to the decision by the Victorian government to change the timing of
the annual Victorian electricity network price changes to financial year basis from calendar year basis. This change
means the current regulatory control period of 2016–20 is extended by six months and the next regulatory control
period will commence on 1 July 2021.
19
The adjustment will be positive (negative) if actual capex is higher (lower) than the estimate approved at the 2016–
20 determination.
20
These end of period adjustments are applied at the end of the final year of the roll forward period which in this case
is 30 June 2021. For AusNet Services this includes adjustment for capitalised leases, and reallocation for
accelerated depreciation purposes associated with SCADA/Network and rapid earth fault current limiter (REFCL)
assets.
For this final decision, we determine a forecast closing RAB value at 30 June 2026 of
$5288.1 million ($ nominal) for AusNet Services. This is $145.6 million (or 2.7 per cent)
lower than AusNet Services' revised proposal of $5433.6 million ($ nominal). Our final
decision on the forecast closing RAB reflects the amended opening RAB as at
1 July 2021, and our final decisions on the expected inflation rate (attachment 3),
forecast depreciation (attachment 4) and forecast capex (attachment 5). 21 Table 4 sets
out our final decision on the forecast RAB values for AusNet Services over the 2021–
26 regulatory control period.
Table 4 AER's final decision on AusNet Services' RAB for the 2021–26
regulatory control period ($ million, nominal)
21
Capex enters the RAB net of forecast disposals. It includes equity raising costs (where relevant) and the half-year
WACC to account for the timing assumptions in the PTRM. Therefore, our final decision on the forecast RAB also
reflects our amendments to the rate of return for the 2021–26 regulatory control period (section 2.2 of the
Overview).
We are satisfied that the use of a forecast depreciation approach in combination with
the application of the CESS and our other ex post capex measures are consistent with
the capex incentive objective. 22 Further, this approach is consistent with our draft
decision, AusNet Services' revised proposal and our Framework and approach. 23
Figure 6 shows the key drivers of the change in AusNet Services' RAB over the 2021–
26 regulatory control period for this final decision. Overall, the closing RAB at the end
of the 2021–26 regulatory control period is forecast to be 13.5 per cent higher than the
opening RAB at the start of that period, in nominal terms. The approved forecast net
capex increases the RAB by 31.8 per cent, while expected inflation increases it by
10.6 per cent. Forecast depreciation, on the other hand, reduces the RAB by
28.9 per cent.
22
Our ex post capex measures are set out in the capex incentive guideline, AER, Capital expenditure incentive
guideline for electricity network service providers, November 2013, pp. 13–19 and 20–21. The guideline also sets
out how all our capex incentive measures are consistent with the capex incentive objective.
23
AER, Draft decision: AusNet Services distribution determination 2021 to 2026, Attachment 2 – Regulatory Asset
Base, September 2020, p. 20; AusNet Services, EDPR 2022–26 Revised Regulatory Proposal, 3 December 2020,
pp. 149–151; AER, Final framework and approach for AusNet Services, CitiPower, Jemena, Powercor and United
Energy – Regulatory control period commencing 1 January 2021, January 2019, pp. 83–85.
Further detail on our final decision regarding the RAB is set out in attachment 2.
The allowed rate of return provides the business with a return on capital to service the
interest on its loans and give a return on equity to investors. An accurate estimate of
the rate of return is necessary to promote efficient prices in the long-term interests of
consumers.
We are required by the NEL to apply a rate of return instrument—the current 2018
Rate of Return Instrument (2018 Instrument)—to estimate an allowed rate of return. 24
The Victorian Government moved the Victorian distributors from a calendar year
regulatory control period to a financial year regulatory control period. 25 This entailed a
six month extension to the current regulatory control period (2016–20) through to June
2021, then a five year regulatory control period starting on 1 July 2021. 26 Our 2018
Instrument was applied from 1 January 2021—that is, to the six month extension
period as well as the following five financial years which form the 2021–26 regulatory
control period. Some amendments to the 2018 Instrument were needed to
accommodate the additional six month period. The Victorian government enabled
these amendments through the NELA Act. 27 Therefore, we apply modified
2018 Instruments to both periods. 28 29
24
NEL, Part 3, division 1B. AER, Rate of return instrument, December 2018, available at
https://www.aer.gov.au/networks-pipelines/guidelinesschemes-models-reviews/rate-of-return-guideline-2018/final-
decision
25
National Energy Legislation Amendment Act 2020 (Vic). Available at: https://www.legislation.vic.gov.au/as-
made/acts/national-energy-legislation-amendment-act-2020
26
The six month extension period was also labelled as the 'mini-year' when we consulted on the modifications to the
2018 Rate of Return Instrument.
27
National Energy Legislation Amendment Act 2020.
28
National Energy Legislation Amendment Act 2020.
29
For the six month extension period instrument see: AER, Modified rate of return instrument for the Victorian
electricity distribution networks during the extension period of 1 January 2021 to 30 June 2021, 27 October 2020;
For the instrument to apply to the 2021–26 regulatory control period, see the Order in Council made on 27 October
2020 under section 16VE of the NEVA (Attachment A - Modified rate of return instrument for the regulatory control
period commencing on 1 July 2021 for the Victorian DNSPs).
Our calculated rate of return (in Table 5) will apply to the first year of the 2021–26
regulatory control period. A different rate of return will apply for the remaining
regulatory years of the period. This is because we will update the return on debt
component of the rate of return each year in accordance with a modified 2018
Instrument, which uses a 10-year trailing average portfolio return on debt that is
rolled-forward each year.
Market risk
6.1% 6.1% 6.1%
premium
Return on equity
4.59% 4.59% 5.12% Constant (%)
(nominal post–tax)
Return on debt
4.66%b 4.66% 4.64%d Updated annually
(nominal pre–tax)
Source: AER analysis; AusNet Services, Electricity distribution price review 2022-26, Revised regulatory proposal,
December 2020, pp. 124–125.
a,b
Calculated using a placeholder averaging period.
c,
Calculated using an averaging period of 18 January 2021 to 31 March 2021.
d
Final decision return on debt is calculated using the proposed and accepted debt averaging period.
Our final decision is also to accept AusNet Services' proposed risk free rate averaging
period 31 and debt averaging periods because they comply with conditions in a modified
2018 Instrument. 32 These were submitted with its initial regulatory proposal and we
specify the debt averaging periods in confidential appendix A to attachment 3.
30
AusNet Services, Electricity Distribution Price Review 2022–26 Part III, January 2020, pp. 212-214; AusNet
Services, Electricity distribution price review 2022–26, Revised regulatory proposal, December 2020, pp. 124–125.
31
This is also known as the return on equity averaging period.
32
For the financial year regulatory control period instrument, see the Order in Council made on 27 October 2020
under section 16VE of the NEVA (Attachment A - Modified rate of return instrument for the regulatory control
period commencing on 1 July 2021 for the Victorian DNSPs).; see also AER, Final decision, AusNet Services
distribution determination 2021 to 2026, Attachment 3—Rate of return confidential appendix A: Equity and debt
averaging periods, April 2021
In addition to providing for the required rate of return on debt and equity, we provide an
allowance for the transaction costs associated with raising debt and equity. We include
debt raising costs in the opex forecast because these are regular and ongoing costs.
We include equity raising costs in the capex forecast because these costs are only
incurred once and would be associated with funding the particular capital investments.
We note AusNet Services has proposed to use our approach to estimate equity raising
costs. 33 We have updated our estimate for this regulatory control period based on the
benchmark approach using updated inputs. This results in zero equity raising costs.
Our final decision is to accept the method used in AusNet Services' revised proposal
which uses an annual rate of 7.93 basis points per annum. 34 We have considered this
annual rate and found our alternative benchmark estimate (8.00 basis points) is similar
to AusNet Services' proposal.
Imputation credits
Inflation
We estimate an expected inflation of 2.0 per cent based on the approach adopted in
our final position paper from our 2020 inflation review. 37 38 AusNet Services supported
the new approach to estimating expected inflation. 39
We applied placeholder averaging periods in our final decision for the six month
extension period of 1 January 2021 to 30 June 2021. 40 This was because of the
unanticipated delay in the passing of the NELA Act, and to facilitate our pricing process
– the nominated (and accepted) averaging periods would not have finished in time to
33
AusNet Services, Electricity distribution price review 2021–26, Revised regulatory proposal, December 2020, p.
126.
34
AusNet Electricity Services Pty Ltd, Electricity distribution price review 2022–26, Revised regulatory proposal,
December 2020, p. 126; AusNet Electricity Services Pty Ltd, AusNet Services - Revised Regulatory Proposal -
PTRM Model (2022-26) – March 2021, March 2021.
35
For the modified application of the 2018 instrument to the regulatory control period 2021–26,, see the Order in
Council made on 27 October 2020 under section 16VE of the NEVA (Attachment A - Modified rate of return
instrument for the regulatory control period commencing on 1 July 2021 for the Victorian DNSPs).
36
AusNet Services, Electricity distribution price review 2022-26, Revised regulatory proposal, December 2020, p.
125.
37
AER, Final position, Regulatory treatment of inflation, December 2020.
38
See our latest version of the PTRM (version 5) released in April 2021; AER, Final position, Regulatory treatment of
inflation, December 2020.
39
AusNet Services, Electricity distribution price review 2022-26, Revised regulatory proposal, December 2020, p.
127.
40
For example, see: AER, Final decision AusNet Services six-month extension – variation decision, October 2020,
pp. 11–12.
We have calculated the updated rate of return for the extension period based on the
nominated and accepted averaging periods, and in accordance with the modified
six-month instrument and the Order in Council. We determine that the difference with
the placeholder rate of return will be recovered through the C-factor as noted in our
control mechanisms attachment.
41
NER, cll. 6.12.1, 6.4.3.
42
AusNet Services, EDPR 2022–26 Revised Proposal – PTRM Model (2022–26), updated 24 March 2021.
The difference between our final decision and the revised proposal regulatory
depreciation allowance is largely due to the following determinations on related parts of
our decision:
• expected inflation over the 2021–26 regulatory control period (attachment 3)
• forecast capex (attachment 5) including its effect on the projected RAB over the
2021–26 regulatory control period. 44
Further detail on our final decision regarding depreciation is set out in attachment 4.
Our final decision is to not accept AusNet Services' revised proposal of $1432.9 million
(excluding disposals) and substitute our final decision forecast of $1384.1 million.
Although we largely accepted AusNet Services' initial proposal which was 19 per cent
below its current regulatory period capex, we adjusted for several COVID-19 related
factors and in its revised proposal AusNet Services included additional capex for
connections and REFCL that was not a part of its initial proposal or our draft decision
assessment.
43
AusNet Services made this update to reflect actual 2019 capex, which became available after the draft decision.
44
Capex enters the RAB net of forecast disposals and capital contributions. It includes equity raising costs (where
relevant) and the half-year WACC to account for the timing assumptions in the PTRM. Our final decision on the
RAB (Attachment 2) also reflects our updates to the WACC for the 2021–26 regulatory control period.
Our final decision is to accept AusNet Services' total opex forecast of $1238.7 million,
including debt raising costs, for the 2021–26 regulatory control period. This is because
our alternative estimate of $1226.8 million is not materially different than
AusNet Services' updated revised proposal total opex forecast. Therefore we consider
that AusNet Services' total opex forecast reasonably reflects the opex criteria. 45
Figure 7 shows AusNet Services' opex forecast for the next five years, which is
increasing by $109.2 million or 9.7 per cent relative to its actual (and estimated) opex
in the current regulatory control period.
45
NER, cl.6.5.6(c).
300.0
250.0
200.0
150.0
100.0
50.0
0.0
Source: AusNet Services, 2021–26 Regulatory proposal – Supporting document – Workbook 1 – Regulatory
determination, January 2020; AusNet Services, 2021–26 Regulatory proposal – Supporting document IR089
- insurance opex model, 30 March 2021; AER, Final Decision – AusNet Services distribution determination
2021–26 – Opex model, April 2021; AER, Draft Decision –AusNet Services distribution determination 2021–
26 –Opex model, September 2020; AER analysis.
Note: Operating expenditure for 2020 is an estimate.
We applied (as did AusNet Services) our top down base-step-trend approach to
forecast increasing opex for the 2021–26 regulatory control period. This consists of:
• Starting with reported opex in 2018 as the opex base, which is lower than the
forecast we set for the current regulatory control period, and we consider is
reasonable as it is not materially inefficient.
• Escalating base opex to account for forecast changes in price growth, output
growth and productivity over the next regulatory control period, which we consider
is reasonable and consistent with our standard approach.
• Adding a number of step changes. The most significant step change proposed is
for increasing insurance premium costs over the 2021–26 regulatory control period.
Other increases include costs to meet new obligations such as those for REFCL
testing and maintenance and five minute meter requirements. We have assessed
these and consider they are prudent and efficient. These additions are a key driver
for forecast opex being higher than historical levels.
We have set out the reasons for our final decision on opex in more detail in
attachment 6. Our opex model, which calculates our alternative estimate of opex, is
available on our website.
We expect AusNet Services to incur a forecast tax loss over the 2021–26 regulatory
control period. 46 We have determined that a $328.6 million in tax losses as at
30 June 2026 will be carried forward to the 2026–31 regulatory control period where it
can be used to offset future tax liabilities. The forecast tax loss arises because of
AusNet Services’ forecast tax expenses will exceed its revenue for tax assessment
purposes over the 2021–26 regulatory control period. This is mostly due to the
implementation of our findings from the 2018 Review of the regulatory tax approach,
where the introduction of immediate expensing of capex and diminishing value method
of tax depreciation have resulted in a significant increase of forecast tax depreciation.
46
A forecast tax loss occurs when the forecast taxable income is lower than the forecast tax expense. In this event
no tax is payable. Any residual amount of tax loss will be carried forward over to future regulatory control periods to
offset future taxable income until the tax loss is fully exhausted.
47
All else equal, a lower immediately expensed capex amount will increase the cost of corporate income tax because
it reduces the tax expense.
48
Subject to minor input updates for equity raising costs, weighted average cost of capital and depreciation for the
2021 half year. These changes are minor and do not have a material impact on the TAB (less than $0.01 million).
49
Federal Court of Australia, Victoria Power Networks Pty Ltd v Commissioner of Taxation [2020] FCAFC 169, 21
October 2020.
Section 4 sets out our draft decision on the incentive schemes that apply to AusNet
Services over the next regulatory control period.
Stakeholder submissions on our draft decision supported the framework 54, as a tool in
our kit, along with the further development of our approach to consumer
engagement. 55 We also recognise there may be other elements of engagement which
50
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp 6-42.;
CCP17, Submission on the Victorian Electricity Distribution Regulatory Proposal 2021–26, June 2020, p.10.;
Department of Environment, Land, Water and Planning, Victorian Government submission on the electricity
distribution price review 2021–26, May 2020, p. 2;, EUAA, Submission on the Victorian EDPR Revised Proposal
and draft decision 2021–26, January 2021, p. 2.; ECA, Submission on the Victorian EDPR Revised Proposal and
draft decision 2021–26, January 2021, p. 6.;
51
See Table 7: AER, Draft decision, AusNet Services distribution determination 2021–26, Overview - September
2020, p. 45.
52
AER, Draft decision, AusNet Services distribution determination 2021–26, Overview - September 2020, p. 44.
53
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 7.;
VCO, Submission on the Victorian Electricity Distribution Regulatory Proposal 2021–26, June 2020, p. 12; VCO,
Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 12, 14.
54
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp. 6-42;
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp. 2, 3-
4.; ECA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 8.;
VCO, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 12
55
Op cit.
The NER outlines that we must have regard to consumer concerns, and be satisfied
that expenditure forecasts we approve reasonably reflect prudent and efficient costs.
One of the factors that we must have regard to is the extent to which the capex and
opex forecasts address consumer concerns identified throughout distributors’
engagement with its customers. 58 However, this must be balanced against other capex
and opex factors, including that we must have regard to distributors’ actual and
expected capex and opex in preceding regulatory periods 59, and whether the forecasts
are consistent with any relevant incentive schemes. 60 In undertaking our reviews, we
apply a number of bottom-up and top-down assessment techniques. Our technical
analysis makes use of a range of measures, none of which are used deterministically
in isolation. The quality of a distributor’s consumer engagement informs the nature of
our technical assessment but does not displace it.
AusNet Services' consumer engagement, through its participation in the New Reg trial,
informed our assessment and gave us more confidence in placing sufficient weight on
our top-down technical assessment.
56
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp. 6-42;
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp. 3-4.;
ECA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 9.;
CitiPower, Powercor and United Energy, Revised Regulatory Proposal – 2021–26 - December 2020, p. 26.; VCO,
Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp. 12-13.
57
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 1;
VCO, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p 14.
58
NER, cl. 6.5.7(e)(5A) and 6.5.6(e)(5A).
59
NER, cl. 6.5.7(e)(5) and 6.5.6(e)(5).
60
NER, cl. 6.5.7(e)(8) and 6.5.6(e)(8).
61
EUAA, Submission on the Victorian Electricity Distribution Regulatory Proposal 2021–26, June 2020, pp. 2,6.;
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 1.
The Customer Forum did engage with EUAA at a number of points in the process. 64 In
seeking to understand the perspectives of all AusNet Services customers through
direct engagement, input from customer advocates, as well as customer research, the
Customer Forum also engaged with the views of C&I customers. 65 Nevertheless, we
understand that the EUAA would have liked more and deeper engagement with the
Customer Forum after the initial negotiating positions were published. This feedback is
noted and is an issue that the AER will consider in the New Reg evaluation and in its
thinking about how networks engage with different customer cohorts under our
consumer engagement evaluation framework. 66 .
62
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 1
63
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 6.
64
While the Customer Forum did not separately meet with the EUAA after AusNet Services released its draft
proposal, the Customer Forum met with the EUAA to understand the issues facing large energy users and again,
(with the Major Energy Users) to test their initial negotiating positions prior to this. The Customer Forum also tested
their initial and final negotiating positions with AusNet Services’ Customer Consultative Committee of which the
EUAA was a member. Further, the EUAA also attended 5 deep workshops after the draft determination with
AusNet and the Customer Forum as well as making a detailed submission on the draft regulatory proposal and the
Customer Forum’s interim engagement report.
65
The Customer Forum met with 36 business customers, including the direct meetings with Exxon Mobil Longford,
Australian Sustainable Hardwood, a dairy processor, a cheese factory, and Energy Australia. Air Liquide, Alcoa,
and Bluescope Steel attended deep dives with the Customer Forum present. The Customer Forum also met with
the Victorian Employers’ Chamber of Commerce and Industry, Business Council of Australia, Energy Consumers
Australia, The Benalla Business Network, The Master Builders Association. The Customer Forum also considered
the results of customer research and surveys including a ‘business customer survey’ ref: (Customer Forum, Final
Engagement Report, Jan 2020, p. 79) stakeholder interviews that canvased large business and advocate views
(ref: Stephanie Judd, Customer Research and Insights Advisor, AusNet Services, Understanding The Electricity
Related Needs And Wants Of Customers: A Stakeholder Perspectives (Full Paper), 2018).
66
AusNet Services, Early Engagement Plan EDPR 2021–25 Customer Forum, 2017, pp. 8-9.
67
AER, ECA, ENA, New Reg: Towards Consumer-Centric Energy Network Regulation Approach Paper, March 2018.
68
AER, Draft decision, AusNet Services distribution determination 2021–26, Overview - September 2020, p. 3.
69
AER, Draft decision, AusNet Services distribution determination 2021–26, Overview - September 2020, p. 3.
In response to the draft decision and in preparation of its revised regulatory proposal,
AusNet Services recommenced engagement with its stakeholder groups, including: re-
engaging the Customer Forum, conducting a stakeholder forum, and meetings with its
Customer Consultative Committee. Once the revised regulatory proposal had been
developed, briefings were offered to interested stakeholders. 70 AusNet Services stated
that the purpose of the engagement was to brief stakeholders on the draft decision and
seek feedback across a broad range of issues being considered for the revised
regulatory proposal. 71
We consider that AusNet Services was genuine in seeking feedback, and reflected
stakeholder’s interests in its revised proposal. 76 EUAA noted how well AusNet Services
engaged with it and other commercial and industrial customers in the preparation of its
revised proposal. 77 The Consumer Challenge Panel, sub-panel 17 (CCP17)
submission considered that despite the limited time available, AusNet Services “has
effectively informed key stakeholders of the changes incorporated in its revised
regulatory proposal, and has provided some opportunity for feedback”. 78 Importantly,
we can see references throughout AusNet Services’ revised regulatory proposal
incorporating this stakeholder input. The CCP17 also “observed or saw documentation
of instances where stakeholder feedback influenced the final proposal, i.e.
development of forecast customer numbers, ICT Cloud Step Change, and reallocation
70
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 34.
71
AusNet Services, Revised Regulatory Proposal, 2021–26, December 2020, p.15.
72
In relation to the ‘Breadth and depth’ element of the framework; AER, Draft decision, AusNet Services distribution
determination 2021–26, Overview - September 2020, p.45.
73
AusNet Services’ Customer Forum, Customer forum final engagement report, January 2020.
74
AusNet Services, Revised Regulatory Proposal, 2021–26, December 2020, Appendix #A, Customer Forum Memo,
December 2020, pp.1-3.
75
AusNet Services, Revised Regulatory Proposal, 2021–26, December 2020, p.15.
76
This assessment is in relation to the ‘Clearly evidenced impact’ element in our framework; ; AER, Draft decision,
AusNet Services distribution determination 2021–26, Overview - September 2020, p.45.
77
EUAA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p .8.
78
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 36.
In our assessment of the ‘proof point’, we found that from a top-down perspective,
AusNet Services’ revised total forecast capex appears to be reasonable, subject to
adjustments for COVID-19. However, in its revised regulatory proposal,
AusNet Services included revised forecast capex changes beyond the scope of the
updates we requested in our draft decision, including significant changes to REFCLs
and connections. The additional forecast capex sought for these projects was
$67.3 million 81, and was not assessed in our draft decision against the capex criteria.
As a result, in this decision we have maintained our top-down assessment made in the
draft decision but also conducted a bottom-up assessment of the additional capex.
We found that overall, AusNet Services’ customer engagement was well received, with
stakeholder preferences being reflected in the revised regulatory proposal. The
distributor demonstrated breadth by engaging with a range of stakeholders and went
into depth on the forecast expenditure affected by our draft decision. Despite the
challenges presented by the limited time frame between the draft decision and
submission of the revised regulatory proposal, AusNet Services’ customer engagement
met many of the proof points we set out in the framework. Further, we consider that
AusNet Services’ participation in the New Reg trial was at the collaborate end of
consumer engagement on the IAP2 spectrum. 85
79
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 36.
80
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, p. 36.
81
AusNet Services included an additional $15.5 million for additional REFCL compliance associated costs and $51.8
million for a decrease in capital contributions that were not assessed as part of our draft decision.
82
ECA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, Spencer &
Co, Report to ECA – a review of Victorian Electricity Distributors’ revised proposals 2021–26, January 2021, p.19
83
ECA, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, Spencer &
Co, Report to ECA – a review of Victorian Electricity Distributors’ revised proposals 2021–26, January 2021, p.11
84
CCP17, Submission on the Victorian EDPR Revised Proposal and draft decision 2021–26, January 2021, pp.88-
89.
85
https://iap2.org.au/wpcontent/uploads/2020/01/2018_IAP2_Spectrum.pdf
The incentive schemes that might apply to an electricity distribution network as part of
our decision are:
• the EBSS
• the CESS
• the service target performance incentive scheme (STPIS)
• the Customer Service Incentive Scheme (CSIS)
• the demand management incentive scheme (DMIS) and allowance (DMIAM)
• the f-factor scheme.
Once we make our decision on AusNet Services' revenue cap, it has an incentive to
provide services at the lowest possible cost, because its returns are determined by its
actual costs of providing services. Our incentive schemes encourage network
businesses to make efficient decisions. They give network businesses an incentive to
pursue efficiency improvements in opex and capex, and to share them with
consumers. If networks reduce costs to below our forecast of efficient costs, the
savings are shared with its consumers in future regulatory control periods through a
lower opex allowance and a lower RAB.
We understand the strong concerns of stakeholders, that the CESS not only rewards
efficiency gains but also over forecasting and deferral of capex. The current CESS
guideline includes protections against material deferrals that have been triggered for
some elements of Powercor’s proposal. 86 AusNet Services included a deferral
adjustment and we made no further adjustments. Protection against over forecasting of
capex lies in the rigorous assessment of proposed capex. Our draft decision also noted
that we will be conducting an incentive scheme review to examine these stakeholder
concerns.
The DMIS and the DMIAM provide businesses an incentive to undertake efficient
expenditure on non-network options relating to demand management research and
development in demand management projects that have the potential to reduce
long-term network costs. All five Victorian distributors accepted our draft decision to
apply the DMIS and DMIAM. We acknowledge that the Local Government Response
expressed its concern that the full DMIAM allowance has been approved for Jemena,
86
AER, Final Decision, Powercor Distribution Determination 2021–26, Attachment 9 Capital Expenditure Sharing
Scheme, September 2020.
Our final decision is to apply the DMIS and the DMIAM to AusNet Services for the
2021–26 regulatory control period, without any modification. Our draft decision reasons
form part of this final decision.
The STPIS balances a distributor's incentive to reduce expenditure with the need to
maintain or improve service quality. Our final decision is to apply our national STPIS
version 2.0 (November 2018) to AusNet Services for the 2021–26 regulatory control
period. We will not apply the guaranteed service level component to AusNet Services
as the existing jurisdictional arrangements will continue to apply. We will not apply the
STPIS telephone answering target and incentive rate to AusNet Services in the next
regulatory control period because the distributor has opted to apply our CSIS.
However, AusNet Services should continue to report on the telephone answering
parameter in the next regulatory control period.
To accompany the STPIS we have established the CSIS to try and capture how well
the distributor is meeting customer preferences. The intention is for this to replace the
0.5 per cent of revenue tied to the telephone answering parameter under the STPIS.
The CSIS was one of the outcomes of the engagement between AusNet Services and
its Customer Forum. It was developed in the context of initiatives to encourage
AusNet Services to continue to monitor and improve customer experience over the
regulatory control period. AusNet Services has proposed to apply the CSIS in the next
regulatory control period.
Our final decision is that each of the EBSS, CESS, STPIS, CSIS, DMIS and DMIAM
should apply to AusNet Services for the 2021–26 regulatory control period.
Our final decision also includes how the f-factor scheme is applied to AusNet Services
in the 2021–26 regulatory control period. The f-factor scheme is prescribed by the
Victorian Government’s F-Factor Scheme Order 2016 to reduce the risk of fire starts by
network assets. 88 The 2016 Order was amended by the F-factor Scheme Amendment
Order 2020. We have made an f-factor scheme determination for AusNet Services
under the F-Factor Scheme Order in respect of the 2021–26 regulatory control period,
as detailed in attachment A of our draft decision. Our final decision is to make revenue
adjustments for AusNet Services in accordance with the F-Factor Scheme Order by
way of an annual adjustment through the "I-factor" component in the control
mechanism, as specified in attachment 14 of the final decision.
87
LGR, prepared by Victorian Greenhouse Alliance, Submission to the AER Victorian Electricity Distribution Price
Review (EDPR) 2021–26, Local Government Response to the AER’s Draft Determination, December 2020, p. 10.
88
Victoria Government Gazette, G 51, 22 December 2016, p. 3239.
The requirement on distributors to prepare a TSS arises from significant reforms to the
rules governing distribution network pricing. These reforms aim to:
• help distributors provide better price signals to retailers to reflect what it costs to
use the network
• manage future expectations for retailers, distributors and consumers by providing
guidance on distributors’ tariff strategy
• help the transition to more cost reflecting pricing.
Distributors do not directly charge end customers. Rather, distributors charge retailers
for the network services provided to end customers. Retailers can then decide how
best to pass on these price signals to end customers.
A TSS applies to a distributor’s tariffs for the duration of the regulatory control period. It
describes a distributor’s tariff classes and structures, the distributor’s policies and
procedures for assigning and reassigning customers to tariffs, the charging parameters
for each tariff, and a description of the approach the distributor takes to setting tariffs in
pricing proposals. 90 It is accompanied by an indicative pricing schedule. 91 A TSS
provides consumers and retailers with certainty and transparency in relation to how
and when network prices will change.
While an indicative pricing schedule must accompany the TSS, AusNet Services’ tariffs
for the entire 2021–26 regulatory control period are not set as part of this
determination. Rather, tariffs for 2021–22 will be subject to a separate approval
process that takes place in May 2021, after this final revenue determination in April
2021. Tariffs for the following four years will also be approved on an annual basis in
May of each year.
89
The regulatory control period (1 January 2016 to 31 December 2020) was extended by six months. Refer to the
Executive Summary above for an overview of changes to the regulatory control period.
90
NER, cl. 6.18.1A(a).
91
NER, cl. 6.18.1A(e).
We note the AEMC has foreshadowed its intention to consult with stakeholders on
efficiently integrating distributed energy resources and that charging arrangements
may be considered more generally in the context of the Energy Security Board
reforms. The Victorian distributors have also committed to trialling new tariffs for
energy storage over the 2021–26 regulatory period.
Attachment 19 of this final decision provides detailed reasons for our decision on
AusNet Services’ TSS.
In its revised proposal, AusNet Services accepted our draft decision on the
classification of the services it provides. 92 Our final decision is to retain the
classification structure and the services list as published in our draft decision for
AusNet Services. 93 The list of classified services AusNet Services will provide for
2021–26 is set out in attachment 13 to this decision.
92
AusNet Services, Revised Regulatory Proposal - 2021–26 - December 2020, Appendix A: Service Classification
Proposal.
93
AER, Draft decision AusNet Services distribution determination 2021 to 2026, Attachment 12 Classification of
services, September 2020. The services list can be found in Attachment A
94
AER, Draft Decision, AusNet Services distribution determination 2021 to 2026, September 2020, Attachment 17, p,
17-4
95
NER, cl. 6.12.1(16).
96
AER, Draft Decision, AusNet Services distribution determination 2021 to 2026, September 2020, Attachment 17, p,
17-4
97
NER, cl. 6.7.1.
AusNet Services accepted the majority of the changes we made to its initially proposed
connection policy. However, it did not accept the threshold level for what size a new
connections needs to be to contribute the upstream cost in addition to the network
extension cost set in the draft decision. AusNet Services also proposed:
• a new change to its original proposal to include the tax liability to the capital
contribution for large embedded generator connections
• to classify large embedded generator connections as alternate control service.
We accept AusNet Services' proposed change to include tax liability to the capital
contribution for large embedded generator connections, since such change has been
substantially consulted on with the relevant stakeholders. We agree that such change
will reduce the level of cross-subsidy by load consuming network users to large
embedded generators.
The approved connection policy for AusNet Services' 2021–26 regulatory control
period is appended to attachment 18 of our final decision.
“…to promote efficient investment in, and efficient operation and use of,
electricity services for the long term interests of consumers of electricity with
respect to—
(a) price, quality, safety, reliability and security of supply of electricity; and
(b) the reliability, safety and security of the national electricity system.”
The NEL requires us to make our decision in a manner that contributes, or is likely to
contribute, to achieving the NEO. 99 The focus of the NEO is on promoting efficient
investment in, and operation and use of, electricity services (rather than assets) in the
long-term interests of consumers. 100 This is not delivered by any one of the NEO’s
factors in isolation, but rather by balancing them in reaching a regulatory decision. 101
Electricity determinations are complex decisions. In most cases, the provisions of the
NER do not point to a single answer, either for our decision as a whole or in respect of
particular components. They require us to exercise our regulatory judgement. Where
there are choices to be made among several plausible alternatives, we have selected
what we are satisfied would result in an overall decision that is likely to contribute to
the achievement of the NEO to the greatest degree. 102
98
NEL, s. 7.
99
NEL, section 16(1)(a).
100
This is also the view of the Australian Energy Markets Commission (the AEMC). See, for example, the AEMC,
‘Applying the Energy Objectives: A guide for stakeholders’, 1 December 2016, p. 5.
101
Hansard, SA House of Assembly, 26 September 2013, p. 7173. See also the AEMC, ‘Applying the Energy
Objectives: A guide for stakeholders’, 1 December 2016, pp. 7–8.
102
NEL, s. 16(1)(d).
103
NER, 6.12.1.
In general, we consider that the long-term interests of consumers are best served
where consumers receive a reasonable level of safe and reliable service that they
value at least cost in the long run. 104 A decision that places too much emphasis on
short term considerations may not lead to the best overall outcomes for consumers
once the longer term implications of that decision are taken into account. 105
104
Hansard, SA House of Assembly, 9 February 2005, p. 1452.
105
See, for example, the AEMC, ‘Applying the Energy Objectives: A guide for stakeholders’, 1 December 2016, pp. 6–
7.
106
Re Michael: Ex parte Epic Energy [2002] WASCA 231 at [143].
107
See, for example, the AEMC, ‘Applying the Energy Objectives: A guide for stakeholders’, 1 December 2016, p. 5.
108
NEL, s. 7A(7).
109
NEL, s. 7A(6).
In accordance with clause 6.12.1(1) of the NER, the AER's final decision is that the
classification of services set out in Attachment 13 will apply to AusNet Services for the 2021–26
regulatory control period.
In accordance with clause 6.12.1(2)(i) of the NER, the AER's final decision is not to approve the
annual revenue requirement set out in AusNet Services building block proposal. Our final
decision on AusNet Services' annual revenue requirement for each year of the 2021–26
regulatory control period is set out in Attachment 1 of the final decision.
In accordance with clause 6.12.1(2)(ii) of the NER, the AER's final decision is to approve
AusNet Services' proposal that the regulatory control period will commence on 1 July 2021.
Also in accordance with clause 6.12.1(2)(ii) of the NER, the AER's final decision is to approve
AusNet Services' proposal that the length of the regulatory control period will be five years from
1 July 2021 to 30 June 2026.
The AER did not receive a request for an asset exemption under clause 6.4.B.1 (a) (1) and
therefore has not made a decision in accordance with clause 6.12.1(2A) of the NER.
In accordance with clause 6.12.1(3)(ii) and acting in accordance with clause 6.5.7(d) of the
NER, the AER's final decision is not to accept AusNet Services' proposed total forecast capital
expenditure of $1432.9 million ($2020–21). Our final decision therefore includes a substitute
estimate of AusNet Services' total forecast capex for the 2021–26 regulatory control period of
$1384.1 million ($2020–21). The reasons for our final decision are set out in Attachment 5.
In accordance with clause 6.12.1(4)(i) of the NER and acting in accordance with clause 6.5.6(c)
of the NER, the AER's final decision is to accept AusNet Services' proposed total forecast
operating expenditure, inclusive of debt raising costs and exclusive of DMIAM of $1238.7
million ($2020–21). The reasons for our final decision is set out in Attachment 6.
AusNet Services did not propose any contingent projects and therefore the AER has not made
a decision under clause 6.12.1(4A) of the NER.
In accordance with clause 6.12.1(5) of the NER and the modified 2018 Rate of Return
Instrument for the regulatory control period commencing on 1 July 2021 for the Victorian
DNSPs set out in the Order in Council made under section 16VE of the amended National
Electricity (Victoria) Act 2005 (Vic), the AER's final decision is that the allowed rate of return for
the 2021–22 regulatory year is 4.83 per cent (nominal vanilla) as set out in Attachment 3 of the
final decision. The rate of return for the remaining regulatory years 2022–26 will be updated
annually because our decision is to apply a trailing average portfolio approach to estimating
debt which incorporates annual updating of the allowed return on debt.
In accordance with clause 6.12.1(5A) of the NER and the modified 2018 Rate of Return
Instrument for the regulatory control period commencing on 1 July 2021 for the Victorian
DNSPs set out in the Order in Council made under section 16VE of the amended National
Electricity (Victoria) Act 2005 (Vic), the AER's final decision on the value of imputation credits
as referred to in clause 6.5.3 is to adopt a value of 0.585. This is discussed in Section 2.2 of
this final decision Overview.
In accordance with clause 6.12.1(6) of the NER, the AER's final decision on AusNet Services'
regulatory asset base as at 1 July 2021 in accordance with clause 6.5.1 and schedule 6.2 is
$4657.4 million ($ nominal). This is discussed in Attachment 2 of the final decision.
In accordance with clause 6.12.1(7) of the NER, the AER's final decision on the estimate of
AusNet Services’ corporate income tax is zero dollars for each regulatory year of the 2021–26
regulatory control period. This is discussed in Attachment 7 of the final decision.
In accordance with clause 6.12.1(8) of the NER, the AER's final decision is to not approve the
depreciation schedules submitted by AusNet Services. Our final decision substitutes alternative
depreciation schedules that accord with clause 6.5.5(b) and this is discussed in Attachment 4 of
the final decision.
In accordance with clause 6.12.1(9) of the NER the AER makes the following final decisions on
how any applicable efficiency benefit sharing scheme (EBSS), capital expenditure sharing
scheme (CESS), service target performance incentive scheme (STPIS), demand management
incentive scheme (DMIS), demand management innovation allowance mechanism (DMIAM) or
small scale incentive scheme (customer service incentive scheme) is to apply:
• We will apply version 2 of the EBSS to AusNet Services in the 2021–26 regulatory control
period. This is discussed in Attachment 8 of the final decision.
• We will apply the CESS as set out in version 1 of the Capital Expenditure Incentives
Guideline to AusNet Services in the 2021–26 regulatory control period. This is discussed in
Attachment 9 of the final decision.
• We will apply our Service Target Performance Incentive Scheme (STPIS) to
AusNet Services for the 2021–26 regulatory control period. This is discussed in Attachment
10 of the final decision.
• We will apply the DMIS and DMIAM to AusNet Services for the 2021–26 regulatory control
period. This is discussed in the Overview of the final decision.
• We will apply the CSIS to AusNet Services for the 2021–26 regulatory control period. This
is discussed in Attachment 12 of the final decision.
In accordance with clause 6.12.1(10) of the NER, the AER's final decision is that all other
appropriate amounts, values and inputs are as set out in this final determination including
attachments.
In accordance with clause 6.12.1(11) of the NER and our framework and approach paper, the
AER's final decision on the form of control mechanisms (including the X factor) for standard
control services is a revenue cap. The revenue cap for AusNet Services for any given
regulatory year is the total annual revenue calculated using the formulae in Attachment 14,
which includes any adjustment required to move the Distribution Use of Service (DUoS) unders
and overs account to zero. This is discussed in Attachment 14 of the final decision.
In accordance with clause 6.12.1(12) of the NER and our framework and approach paper, the
AER's final decision on the form of the control mechanism for alternative control services is to
apply a revenue cap for type 5 and 6 metering (including smart metering) services and price
caps for all other services. The revenue cap for AusNet Services’ type 5 and 6 metering
(including smart metering) services for any given regulatory year is the total annual revenue for
type 5 and 6 (including smart metering) services calculated using the formulae in Attachment
In accordance with clause 6.12.1(13) of the NER, to demonstrate compliance with its
distribution determination, the AER's final decision is that AusNet Services must maintain a
DUoS unders and overs account and a metering unders and overs account. It must provide
information on these accounts to us in its annual pricing proposal. This is discussed in
Attachment 14 of the final decision.
In accordance with clause 6.12.1(14) of the NER the AER's final decision is to apply the
following nominated pass through events to AusNet Services for the 2021–26 regulatory control
period in accordance with clause 6.5.10:
• Terrorism event
In accordance with clause 6.12.1(14A) of the NER, the AER's final decision is to not approve
the tariff structure statement proposed by AusNet Services. This is discussed in Attachment 19
of the final decision.
In accordance with clause 6.12.1(15) of the NER, the AER's final decision is that the negotiating
framework as proposed by AusNet Services will apply for the 2021–26 regulatory control
period. This is discussed in section 6.2 of this final decision overview and the negotiating
framework is in Attachment A of this final decision.
In accordance with clause 6.12.1(16) of the NER, the AER's final decision is to apply the
negotiated distribution services criteria, published in our draft decision in September 2020, to
AusNet Services for the 2021–26 regulatory control period. This is set out in section 6.2 of this
final decision overview.
In accordance with clause 6.12.1(17) of the NER, the AER's final decision on the procedures for
assigning and reassigning retail customers to tariff classes for AusNet Services is set out in
Attachment 19 of the final decision.
In accordance with clause 6.12.1(18) of the NER, the AER's final decision is that the
depreciation approach based on forecast capex (forecast depreciation) is to be used to
establish the RAB at the commencement of AusNet Services' regulatory control period as at
1 July 2026. This is discussed in Attachment 2 of the final decision.
In accordance with clause 6.12.1(19) of the NER, the AER's final decision on how
AusNet Services is to report to the AER on its recovery of designated pricing proposal charges
for each regulatory year of the 2021–26 regulatory control period and on the adjustments to be
made to subsequent pricing proposals to account for over or under recovery of those charges is
to set this out in its annual pricing proposal. The method to report recovery of the charges and
account for the under or over recovery of designated pricing proposal charges is discussed in
Attachment 14 of the final decision.
In accordance with clause 6.12.1(20) of the NER, the AER's final decision on how
AusNet Services is to report to the AER on its recovery of jurisdictional scheme amounts for
each regulatory year of the 2021–26 regulatory control period and on the adjustments to be
made to subsequent pricing proposals to account for over or under recovery of those charges is
to set this out in its annual pricing proposal. The method to report recovery of the charges and
account for the under or over recovery of jurisdictional scheme amounts is discussed in
Attachment 14 of the final decision.
In accordance with clause 6.12.1(21) of the NER, the AER's final decision is to not approve the
connection policy proposed by AusNet Services. Our final decision is to amend AusNet
Services' proposed connection policy as set out in Attachment 18 of the final decision.
In accordance with section 16C of the National Electricity (Victoria) Act 2005, the NEL, the NER
and the ‘f-factor scheme order 2016’,110 the AER's final decision is to apply the f-factor
incentive payments/penalties as a part of the ‘I-factor’ adjustment to the calculation of the total
annual revenue requirement using the formulae in Attachment 14 of the final decision.
110
http://www.gazette.vic.gov.au/gazette/Gazettes2016/GG2016G051.pdf, Victoria Government Gazette, G 51 22
December 2016, p. 3239.
AGL
Ausgrid
EnergyAustralia
Evie Networks
Firm Power
Groundline Engineering
Origin Energy
Nature of engagement • Consumers partner in forming the proposal rather than asked
for feedback on distributor’s proposal
• Relevant skills and experience of the consumers,
representatives, and advocates
• Consumers provided with impartial support to engage with
energy sector issues
Breadth and depth • Clear identification of topics for engagement and how these
will feed into the regulatory proposal
111
AER, Draft decision, AusNet Services distribution determination 2021–26, Overview, September 2020, Table 7 p. 46.
EV electric vehicle