Re: Application by ElectraNet Pty Limited No 2 [2008] ACompT 2

Re: Application by ElectraNet Pty Limited No 2 [2008] ACompT 2

ECCSA is a 'user or consumer intervener' under the National Electricity Law, has raised matters (specifically contesting the inclusion of $29.1 million for easement compensation costs) not adequately raised by other parties, and its members' interests are affected by the outcome. Leave to intervene is granted,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Application for Review Under Section 71 B of the National Electricity Law / Interlocutory (application for Leave to Intervene)
Outcome
Leave to intervene granted on limited terms.
Legal Topics
['regulatory Review' 'intervention Rights' 'asset Base Determination' 'electricity Transmission Regulation']
['administrative Law' 'energy Law' 'competition Law'] ['regulatory Review' 'intervention Rights' 'asset Base Determination' 'electricity Transmission Regulation']

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Procedural Posture

Application for Review Under Section 71 B of the National Electricity Law / Interlocutory (application for Leave to Intervene)

Legal Issues

  1. 1 ['Whether ECCSA should be granted leave to intervene' "Whether ECCSA's interests are affected by the reviewable regulatory decision" "Whether ECCSA raised matters not addressed by the applicant or regulator regarding the inclusion of easement compensation and acquisition costs in ElectraNet's regulatory asset base"]

Ratio Decidendi

ECCSA is a 'user or consumer intervener' under the National Electricity Law, has raised matters (specifically contesting the inclusion of $29.1 million for easement compensation costs) not adequately raised by other parties, and its members' interests are affected by the outcome. Leave to intervene is granted, limited to specified matters to prevent prejudice to ElectraNet.

Court Disposition

Leave to intervene granted on limited terms.

Orders

  • ['Leave granted to Energy Consumers Coalition of South Australia to intervene.' 'ECCSA limited to presenting evidence and making submissions on: (a) their contention regarding $29.1 million for easement compensation costs not being included in the RAB; (b) $52.8 million for easement acquisition or transaction costs,...