In August 2012, ARTC submitted a proposed variation to the accepted Hunter Valley access undertaking to the ACCC for assessment. The proposed variation was submitted in accordance with section 13.3 of the undertaking and sought to include a performance incentive scheme that has the objective of encouraging ARTC, through financial reward, to improve operating, maintenance and capital expenditure efficiency, and achieve desirable safety performance.
The ACCC released a consultation paper in September 2012 calling for comments from interested parties. In light of the submission received, ARTC withdrew its variation application from the ACCC’s consideration in December 2012. The ACCC noted in a letter of response that it would not pursue enforcement of ARTC’s compliance with section 13.3 of the accepted undertaking on condition that the non-TUT performance incentives mechanism is developed in conjunction with the TUT related performance incentives mechanism under section 13.5.