Application by Energex Limited (Distribution Ratio (Gamma)) (No 3) [2010] ACompT 9

Application by Energex Limited (Distribution Ratio (Gamma)) (No 3) [2010] ACompT 9

The distribution ratio (gamma) is determined to be 0.7, as there is no empirical data supporting a higher ratio, and both parties agree that 0.7 is appropriate based on the materials before the Tribunal.

Parties
Applicant: Energex Limited; Applicant: Ergon Energy Corporation Limited; Applicant: ETSA Utilities; Respondent: Australian Energy Regulator
Jurisdiction
Australia
Judgment Date
24 December 2010
Procedural Posture
Review of Distribution Determination / Reasons for Decision
Outcome
The Tribunal concludes that the distribution ratio is 0.7 for the calculation of gamma and directs the parties to confer and provide minutes of the appropriate determination.
Legal Topics
Distribution Determination, Gamma (distribution Ratio), Review Under Section 71 B of the National Electricity Law
Energy Law Administrative Law Distribution Determination Gamma (distribution Ratio) Review Under Section 71 B of the National Electricity Law

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Parties

Energex Limited

Applicant

Ergon Energy Corporation Limited

Applicant

ETSA Utilities

Applicant

Australian Energy Regulator

Respondent

Procedural Posture

Review of Distribution Determination / Reasons for Decision

Legal Issues

  1. 1 What distribution ratio (gamma) should be used in the calculation under the National Electricity Law?

Ratio Decidendi

The distribution ratio (gamma) is determined to be 0.7, as there is no empirical data supporting a higher ratio, and both parties agree that 0.7 is appropriate based on the materials before the Tribunal.

Court Disposition

The Tribunal concludes that the distribution ratio is 0.7 for the calculation of gamma and directs the parties to confer and provide minutes of the appropriate determination.

Orders

  • The parties are directed to confer and provide minutes of the appropriate determination to be made by 4:00pm on Monday 31 January 2011.