September 2018 variation of the 2011 Hunter Valley Access Undertaking

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On 28 September 2018, ARTC applied to the ACCC to vary its 2011 Hunter Valley Access Undertaking. The variation seeks to change a number of provisions in the undertaking, including:

  • incorporating path based pricing
  • allocating incremental capital costs on the basis of contracted capacity
  • applying a dual ceiling limit.

This variation incorporates a number of proposed amendments set out in ARTC's December 2017 variation of the 2011 Hunter Valley Access Undertaking, which ARTC withdrew on 27 July 2018.

ARTC’s withdrawal followed the publication of the ACCC’s draft decision on the December 2017 variation on 28 June 2018.

The ACCC’s draft decision considered the December 2017 Variation to be appropriate, in light of support by a majority of stakeholders who submit that the 'package' of proposed amendments is preferable to the current HVAU, subject to amendments for clarity and certainty.

On 1 October 2018, the ACCC sent a letter to stakeholders seeking submissions on ARTC's proposal. Submissions were due by 15 October 2018.

On 29 November 2018, the ACCC consented to ARTC's variation application.

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