54CEnergy industry levy—imposition

54C Energy industry levy—imposition (1) If an energy utility provides an energy utility service in an energy industry sector at any time during a year (the levy year), the utility is liable to pay a levy in relation to the net regulatory cost for that year. (2) The levy for the levy year is worked out as follows: B + EV + (AV − EV−1) where: AV means the actual variable amount for the energy utility for the previous levy year worked out as follows: (ANR - (B−1 × NC−1)) × M−1 B is the base amount for the levy year determined under section 54GA (2). EV means the estimated variable amount for the energy utility for the levy year worked out as follows: (ENR - (B × NC)) × M−1 EV-1 means the estimated variable amount for the energy utility for the previous levy year worked out as follows: (ENR−1 − (B−1 × NC−1)) × M−2 (3) If an energy utility does not provide an energy utility service in an energy industry sector in the levy year, but provided an energy utility service in the sector in the previous year— (a) B is taken to be zero in relation to the utility for the levy year; and

(b) EV is taken to be zero in relation to the utility for the levy year. (4) If an energy utility provides an energy utility service in an energy industry sector in the levy year, but did not provide an energy utility service in the sector in the previous year— (a) AV is taken to be zero in relation to the utility for the levy year; and (b) EV-1 is taken to be zero in relation to the utility for the levy year. ANR means the actual net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (b). B-1 means the base amount for the previous levy year determined under section 54GA (2). ENR means the estimated net regulatory cost for the energy industry sector for the levy year determined under section 54GA (1) (a). ENR-1 means the estimated net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (a). market share, for an energy utility for a levy year means— (a) for an electricity distributor—the total number of megawatt hours of electricity distributed in the ACT by the distributor in that year, divided by the total number of megawatt hours of electricity distributed in the ACT in that year; and (b) for an NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold in the ACT by the retailer in that year, divided by the total number of megawatt hours of electricity sold in the ACT in that year; and

(c) for a gas distributor—the total number of megajoules of gas distributed in the ACT by the distributor in that year, divided by the total number of megajoules of gas distributed in the ACT in that year; and (d) for an NERL retailer that supplies gas—the total number of megajoules of gas sold in the ACT by the retailer in that year, divided by the total number of megajoules of gas sold in the ACT in that year. M-1 means the market share of the energy utility for the previous levy year. Note Before 1 October in a levy year, the administrator must determine, for the year before the levy year, the total number of megawatt hours of electricity or megajoules of gas distributed or sold in the ACT by all energy utilities in each energy sector in the year (see s 54H (1) (b) (ii)). M-2 means the market share of the energy utility for the levy year before the previous levy year. NC, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector before 30 August in the levy year as determined under section 54H (1) (a). NC-1, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector at any time during the previous levy year as determined under section 54H (1) (b) (i).