The approved 2010 undertaking reflects a trade-off between DBCT Management and the terminal’s users, rather than agreement on all individual aspects.
In our decision to approve the 2010 undertaking, we noted that aspects of the undertaking did not necessarily reflect the approach it may have adopted. However, given the negotiated nature of the undertaking, we presumed that it was in the interests of both DBCT Management and existing access holders.
Our investigation therefore focused on the key aspects of the 2010 undertaking that were relevant to the public interest and on the interests of access seekers that were not subject to the negotiations prior to the submission of the 2010 undertaking. We approved the undertaking after having been satisfied it met the requirements of the relevant assessment criteria.
Amongst other things, the 2010 DBCT undertaking sets the annual revenue requirement (ARR) for the terminal as at 1 January 2011.
We reviewed the DAAU and considered that the DBCT Management’s adjustment to ARR for 1 January to 30 June 2011 was reasonable.
Given this, and that stakeholders did not make any submissions, on 29 September 2011 we made a final decision to approve DBCT Management’s DAAU.
On 9 August 2011, DBCT Management submitted a draft amending access undertaking (DAAU) to amend the 2010 DBCT undertaking to make a one-off increase in the ARR for the period of 1 January 2011 to 30 June 2011 of $2,166,968 to adjust for an error DBCT Management made in its calculation of the ARR for this period.
On 12 August 2011, we published the DAAU and sought submissions from stakeholders by 8 September 2011. In doing so, we advised that, in the absence of stakeholder submissions, we may proceed directly to a final decision.