New South Wales

Electricity Infrastructure Investment Regulation 2021

Executive summary of update

This update introduces significant changes to the preparation of Infrastructure Investment Objectives Reports. A new, streamlined reporting pathway has been created specifically for firming infrastructure, exempting it from the more comprehensive standard reporting requirements. Concurrently, the regulation now mandates that the consumer trustee must incorporate commitments from the Commonwealth's Renewable Energy Transformation Agreement (RETA) and the outcomes of the Capacity Investment Scheme (CIS) Tender 1 into its planning and reporting. This aligns NSW's infrastructure strategy with national energy policy, potentially altering how new generation capacity is assessed and prioritised within the state's investment framework.

Impacted parties

The Consumer Trustee is most directly impacted by these changes, along with government affairs teams, and project proponents involved in generation and firming infrastructure.

Change Analysis

New Reporting Framework for Firming Infrastructure

The regulation has been amended to create a distinct and simplified reporting process for firming infrastructure.

  • What has changed: Clause 24 is updated to exclude reports prepared under the Act, section 45(3) from the standard, detailed content requirements applicable to other infrastructure reports. A new Clause 24(3) specifies the limited content required for these firming infrastructure reports, focusing only on how the project meets specific objectives and its construction timeline. Furthermore, the extensive preparation considerations outlined in Clause 25 are now explicitly disapplied for these reports via the new Clause 25(5).
  • Why it matters: This change establishes a more streamlined and potentially faster pathway for the assessment and approval of firming infrastructure projects. By reducing the reporting burden, the government aims to accelerate the development of assets critical for grid reliability, separating them from the more complex planning assessments required for generation and long-duration storage.

Alignment with National Energy Policy

The update formally integrates Commonwealth energy policies into the NSW infrastructure planning process.

  • What has changed: A new subclause, Clause 25(1)(h), has been added, requiring the consumer trustee to take into account "any commitments in the RETA that concern the counting towards the minimum objectives... of generation capacity from generation infrastructure constructed under CIS Tender 1 projects". New definitions for "CIS Tender 1 project" and "RETA" are provided in Clause 25(6) to support this requirement.
  • Why it matters: This change ensures that the state's infrastructure planning is not conducted in isolation from major federal initiatives....
The full analysis cover much more, including triggers for operational and commercial risks and opportunities.

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