National Electricity Rules (NER) and National Gas Rules (NGR) - Consultation

Publication date: Friday, 28th September 2018.

Stakeholder comment is sought on proposed rule changes to support the introduction of legislation to create a binding rate of return instrument. The proposed rules remove or amend the National Electricity Rules (NER) and National Gas Rules (NGR) that will be outdated after the passage of the legislation.

We are seeking feedback on the rule changes that:

  • remove the rate of return guideline and calculation of the rate of return from the rules;
  • amend the rate of return definition; and
  • amend relevant clauses where the rate of return is referenced, such as the revenue determination, access arrangement and network tax allowance.

Stakeholders are encouraged to provide feedback, preferably through a written submission, on the Rules. Where possible, submissions will be published on the COAG Energy Council’s website. If the submission contains confidential information (or a confidential attachment) please make clear in writing what should or should not be published.

On 15 June 2018 Energy Council approved the draft Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Bill 2018 which will amend the national energy laws to introduce a binding rate of return instrument in setting the revenue of regulated electricity and gas businesses. 

The legislative package was introduced into the South Australian Parliament on 2 August 2018 and is awaiting debate and passage.

Submissions are required by 25 October 2018.

For more information, please contact the COAG Energy Council Secretariat:


Council Priority Issue