Application by DBNGP (WA) Transmission Pty Ltd [2012] ACompT 6

Application by DBNGP (WA) Transmission Pty Ltd [2012] ACompT 6

The Final Determination was a reviewable regulatory decision applying to the Applicants as affected or interested service providers. Each matter raised by the Applicants gave rise to a serious issue to be heard and determined, and the financial threshold in s 249 of the NGL(WA) was met. Leave to apply for review was therefore granted on each ground.

Jurisdiction
Australia
Judgment Date
15 March 2012
Procedural Posture
Application Under Section 245 of the National Gas Access (western Australia) Law for Leave to Apply for Review of a Reviewable Regulatory Decision / Leave Application Heard on the Papers
Outcome
Leave granted to the applicants to apply to the Tribunal for review of the ERA's decision.
Legal Topics
['reviewable Regulatory Decision' 'access Arrangement Determination' 'dampier to Bunbury Natural Gas Pipeline' 'reference Tariffs' 'reference Services' 'serious Issue to Be Heard and Determined' 'financial Threshold for Leave']
['administrative Law' 'energy Regulation' 'national Gas Regulation'] ['reviewable Regulatory Decision' 'access Arrangement Determination' 'dampier to Bunbury Natural Gas Pipeline' 'reference Tariffs' 'reference Services' 'serious Issue to Be Heard and Determined' 'financial Threshold for Leave']

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Procedural Posture

Application Under Section 245 of the National Gas Access (western Australia) Law for Leave to Apply for Review of a Reviewable Regulatory Decision / Leave Application Heard on the Papers

Legal Issues

  1. 1 ["Whether the Applicants were affected or interested persons entitled to seek leave to apply for review of the ERA's Final Determination." 'Whether the Final Determination was a reviewable regulatory decision.' 'Whether each proposed ground raised a serious issue to be heard and determined under ss 246 and 248 of the NGL(WA).' 'Whether the financial threshold in s 249 of the NGL(WA) was met.' 'Whether the appropriate real, pre-tax rate of return on capital was 5.74% or a higher figure such as 10.03%.' "Whether the ERA correctly adjusted DBNGP's capital base for reference tariff purposes, including inflation, project management retainer fees, and Burrup Extension Pipeline expenditure." 'Whether the ERA correctly reduced certain regulatory expenses for reference tariff purposes.' 'Whether the ERA correctly specified the appropriate reference services and related terms and conditions.' 'Whether future expansions to the DBNGP should automatically be covered by the Revised Access Arrangement unless the Applicants demonstrated inconsistency with the National Gas Objective.']

Ratio Decidendi

The Final Determination was a reviewable regulatory decision applying to the Applicants as affected or interested service providers. Each matter raised by the Applicants gave rise to a serious issue to be heard and determined, and the financial threshold in s 249 of the NGL(WA) was met. Leave to apply for review was therefore granted on each ground.

Court Disposition

Leave granted to the applicants to apply to the Tribunal for review of the ERA's decision.

Orders

  • ['Leave is granted to the applicants to apply to the Tribunal for review of the decision made by the Economic Regulation Authority of Western Australia to give effect to its proposed revisions to an access arrangement for the Dampier to Bunbury Natural Gas Pipeline, pursuant to Rule 64 of the National Gas Rules.'...