Re: Application by ElectraNet Pty Ltd [2008] ACompT 1

Re: Application by ElectraNet Pty Ltd [2008] ACompT 1

There is a serious issue to be heard and determined as to whether a ground for review under s 71C(1) of the National Electricity Law exists, specifically concerning whether the AER had sufficient evidence to determine that easement transaction costs were already included in the RAB. The monetary threshold under s 71F is also satisfied.

Jurisdiction
Australia
Judgment Date
23 June 2008
Procedural Posture
Application for Leave to Apply for Review of Regulatory Decision / Determination of Leave to Apply
Outcome
Leave granted to apply for review
Legal Topics
['transmission Determination' 'revenue Cap' 'regulatory Asset Base (rab)' 'easement Transaction Costs' 'review of Administrative Decision']
['competition Law' 'energy Regulation'] ['transmission Determination' 'revenue Cap' 'regulatory Asset Base (rab)' 'easement Transaction Costs' 'review of Administrative Decision']

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Procedural Posture

Application for Leave to Apply for Review of Regulatory Decision / Determination of Leave to Apply

Legal Issues

  1. 1 ['Whether there is sufficient evidence before the AER to be satisfied that easement transaction costs were not already taken account of in the RAB' 'Whether the threshold for leave to apply under s 71B of the National Electricity Law is satisfied' 'Whether grounds of review under s 71C of the National Electricity Law are made out']

Ratio Decidendi

There is a serious issue to be heard and determined as to whether a ground for review under s 71C(1) of the National Electricity Law exists, specifically concerning whether the AER had sufficient evidence to determine that easement transaction costs were already included in the RAB. The monetary threshold under s 71F is also satisfied.

Court Disposition

Leave granted to apply for review

Orders

  • ["Leave is granted to ElectraNet Pty Limited pursuant to s 71B(1) of the National Electricity Law to apply to the Australian Competition Tribunal for a review of the final decision of the Australian Energy Regulator entitled 'ElectraNet transmission determination 2008-09 to 2012-13' dated 11 April 2008 and published...