Application by SPI Electricity Pty Limited [2013] ACompT 1

Application by SPI Electricity Pty Limited [2013] ACompT 1

Because the Full Court set aside paragraph 3 of the Tribunal's 5 April 2012 order and directed further consideration, the Tribunal reconsidered the matter and remitted the Australian Energy Regulator's October 2010 final determination for SPI to be remade on a basis conforming with the National Electricity Rules as to Regulatory Asset Base indexation for inflation, subject to the specified earlier variations and remitter.

Jurisdiction
Australia
Judgment Date
31 January 2013
Procedural Posture
Application Under Section 71 B of the National Electricity Law for Review of a Distribution Determination Made by the Australian Energy Regulator Pursuant to Clause 6.11.1 of the National Electricity Rules / Reconsideration on the Papers Following Full Court Orders Setting Aside Paragraph 3 of the Tribunal's 5 April 2012 Order
Outcome
Final determination remitted to the Australian Energy Regulator to be remade on the specified basis.
Legal Topics
['review of Electricity Distribution Determination' 'regulatory Asset Base Indexation for Inflation' 'remitter to Australian Energy Regulator' 'national Electricity Rules']
['energy Regulation' 'administrative Law'] ['review of Electricity Distribution Determination' 'regulatory Asset Base Indexation for Inflation' 'remitter to Australian Energy Regulator' 'national Electricity Rules']

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Procedural Posture

Application Under Section 71 B of the National Electricity Law for Review of a Distribution Determination Made by the Australian Energy Regulator Pursuant to Clause 6.11.1 of the National Electricity Rules / Reconsideration on the Papers Following Full Court Orders Setting Aside Paragraph 3 of the Tribunal's 5 April 2012 Order

Legal Issues

  1. 1 ["Whether the Tribunal should remit the Australian Energy Regulator's final determination for SPI Electricity Pty Limited so that SPI receives the benefit of the Tribunal's reasoning on Regulatory Asset Base indexation for inflation in Application by United Energy Distribution Pty Limited." "What orders should be made to give effect to the Full Court of the Federal Court of Australia's decision and orders in SPI Electricity Pty Ltd v Australian Competition Tribunal [2012] FCAFC 186."]

Ratio Decidendi

Because the Full Court set aside paragraph 3 of the Tribunal's 5 April 2012 order and directed further consideration, the Tribunal reconsidered the matter and remitted the Australian Energy Regulator's October 2010 final determination for SPI to be remade on a basis conforming with the National Electricity Rules as to Regulatory Asset Base indexation for inflation, subject to the specified earlier variations and remitter.

Court Disposition

Final determination remitted to the Australian Energy Regulator to be remade on the specified basis.

Orders

  • ["Pursuant to s 71P(2)(b) of the National Electricity Law, the Tribunal remits the final determination made by the Australian Energy Regulator in respect of SPI Electricity Pty Limited in October 2010 to be remade by the Australian Energy Regulator upon a basis which conforms to the requirements of the National...