The ACCC has released a draft determination on ARTC's annual compliance submission relating to the 2013 calendar year. Submissions were initially due by 27 November 2015. However, the ACCC has received a number of requests for an extension of time. The ACCC has therefore granted an extension to all stakeholders. The new due date for submissions is 15 January 2016.
Sections 13.3 and 13.5 of the Hunter Valley Access Undertaking (HVAU) require ARTC to prepare options for, and consult in relation to, the development of a positive performance incentive scheme (PPIS).
ARTC published its consultation document in February 2015, inviting stakeholder comments over a six week period. This process closed on 20 March 2015. There was a limited response to ARTC’s consultation process.
ARTC initially provided its annual compliance documentation to the ACCC on 1 May 2015. The ACCC identified and brought to ARTC's attention some errors in the initial submission. ARTC subsequently provided revised versions of the documentation (where applicable) to the ACCC on 16 June 2015.
The accepted Hunter Valley Access Undertaking requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment.
The ACCC issued a position paper on ARTC's annual compliance submission relating to the 2013 calendar year. Submissions were due by 21 January 2015.
On 7 November 2014, ARTC withdrew its Final Indicative Services variation application from the ACCC's consideration.
Under section 13.4 of the HVAU, ARTC is obliged to conduct a review of the operation and effectiveness of the system wide True Up Test that is set out in Schedule 2 of the Indicative Access Holder Agreement.
On 5 September 2014, ARTC notified the ACCC that it had finalised its review in line with its obligations under the HVAU. As a result of this process, ARTC has decided not to propose a variation to the HVAU in response to the matters raised by stakeholders.