Limited Merits Review

 

Work Stream: Energy Market Reform
Council Priority Issue 6.  Assessing existing market mechanisms and regulatory frameworks (including governance of network regulation) to ensure facilitation of adequate, efficient, and timely investment in, and operation of, generation and networks.
Project: Limited Merits Review of Decision-Making in the Electricity and Gas Regulatory Frameworks
Timeline: 14 December 2012 – 30 June 2013
Key Documents: Consultation Regulation Impact Statement (Word/PDF)
Submission Template (Word)
Statement of Policy Intent (Word/PDF)
Overview:  Under the National Electricity Laws and National Gas Laws, there is a legislative requirement for the Ministerial Council on Energy (MCE) to undertake a review of the limited merits review regime by 2015. SCER (as successor to the MCE) agreed on 9 December 2011, to bring the review of the limited merits review regime forward with a view to having any recommendations in place prior to the next round of regulatory determinations.

On 7 March 2012, an Expert Panel of Professor George Yarrow (Chair), Dr John Tamblyn and the Hon Michael Egan (“the Panel”), commenced the review.  The Final Report was published on 9 October 2012, and is available here. This work stream entails testing the Panel’s recommendations with a view to finalising the policy position and, if necessary, amending the relevant legislation before the end of 2013.

Detail: This work stream aims to identify and implement any necessary changes to the merits review framework, potentially including through amending legislation, before the end of 2013, though:

  • a Regulation Impact Statement process, entailing a formal consultation period;
  • publishing the final SCER policy position; and
  • drafting and consulting on any necessary legislative amendments.
Background:  Under the National Electricity Laws and National Gas Laws, there is a legislative requirement for the MCE to undertake a review of the limited merits review regime by 2015. SCER (as successor to the MCE) agreed on 9 December 2011, to bring the review of the limited merits review regime forward with a view to having any recommendations in place prior to the next round of regulatory determinations.

On 7 March 2012, an Expert Panel of Professor George Yarrow (Chair), Dr John Tamblyn and the Hon Michael Egan, commenced this review.  The Panel’s Final Report was published on 9 October 2012, and is available here.

Terms of Reference: N/A
Process and Timelines:  Consultation on the Regulation Impact Statement will be open from 14 December 2012 to 8 February 2013.  A template for submissions is available here.
Supporting Documentation: The Panel’s reports are available here.
Consultation and Submissions:  Submissions from interested stakeholders on the recommendations provided in the Regulation Impact Statement were required by close of business Friday 8 February 2013. All submissions will be made available from this website unless stakeholders have clearly indicated that a submission should remain confidential, either in whole or in part.

Submissions

To access the comprehensive table of submissions, please click here.

Australian Competition & Consumer Commission
- Joint Submission with the Australian Energy Regulator
 PDF 
Australian Pipeline Industry Association  PDF
ATCO GasAustralia  PDF
Consumer Action Law Centre  PDF
Consumer Utilities Advocacy Centre  PDF
Energy Networks Association  PDF
Envestra  PDF
Economic Regulation Authority  PDF
Energy Supply Association of Australia  PDF
Energy Users Association of Australia  PDF
Financial Investor Group  PDF
Grid Australia  PDF
Independent Pricing and Regulatory Tribunal  PDF
Jemena PDF
Major Energy Users  PDF
United Energy & Multinet Gas  PDF
Previous Consultation and Submissions: Please refer to the Panel’s review here.
Contact: scer@ret.gov.au