On 26 June 2012, the AEMC received a rule change proposal from TransGrid (TransGrid’s rule change proposal). TransGrid’s rule change proposal requests a derogation from the rate of return provisions of the rules.

Under section 94(1) of the National Electricity Law (NEL), the AEMC has performed its initial consideration of the proposal and considers that TransGrid’s rule change proposal relates to subject matters of the consolidated Economic regulation of network service providers rule change requests (AEMC Reference: ERC0134). Both TransGrid’s rule change proposal and the Economic regulation of network service providers rule change requests subject matters relate to the rate of return provisions of Chapter 6A.

Under section 94(2) of the NEL, the AEMC has decided not to take action on TransGrid’s rule change proposal because it relates to subject matters for the making of a rule under the Economic regulation of network service providers rule change requests in respect of which the AEMC is taking action under Part 7 of the NEL. However, the AEMC has determined under section 93(1)(b) to treat TransGrid’s rule change proposal as a submission to the Economic regulation of network service providers rule change requests.