Application by Jemena Gas Networks (NSW) Ltd [2010] ACompT 8

Application by Jemena Gas Networks (NSW) Ltd [2010] ACompT 8

Leave to review granted for some, but not all, grounds raised by JGN, with the Tribunal satisfied that the serious issue and revenue threshold requirements are met in respect of debt risk premium, gamma, deduction from capital base, and certain Reference Service Agreement provisions. Decision on mine subsidence ground reserved pending further consideration of the revenue threshold. Only parties with demonstrated sufficient interest may intervene; AGL and TRUenergy satisfied this, Ms Kingston did not.

Parties
Applicant: Jemena Gas Networks (NSW) Ltd; Regulator / Respondent: Australian Energy Regulator; Interveners: AGL Energy Limited, AGL Retail Energy Limited, AGL Energy Sales and Marketing Limited; Intervener: TRUenergy Pty Ltd; Intervening Applicant (in Person): M Kingston
Jurisdiction
Australia
Judgment Date
13 October 2010
Procedural Posture
Application for Review of Regulatory Decision / Leave to Apply for Review and Leave to Intervene—preliminary Directions
Outcome
Leave to review granted in part; leave to intervene granted to AGL and TRUenergy; leave to intervene refused for Ms Kingston; future procedural orders to be formulated.
Legal Topics
Review of Access Arrangement Decision, Standing to Intervene, Revenue Threshold for Review, Grounds for Review Under National Gas Law
Energy Regulation Administrative Law Review of Access Arrangement Decision Standing to Intervene Revenue Threshold for Review Grounds for Review Under National Gas Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jemena Gas Networks (NSW) Ltd

Applicant

Australian Energy Regulator

Regulator / Respondent

AGL Energy Limited, AGL Retail Energy Limited, AGL Energy Sales and Marketing Limited

Interveners

TRUenergy Pty Ltd

Intervener

M Kingston

Intervening Applicant (in Person)

Procedural Posture

Application for Review of Regulatory Decision / Leave to Apply for Review and Leave to Intervene—preliminary Directions

Legal Issues

  1. 1 Whether leave should be granted to review AER's access arrangement decision under s 245 of the National Gas Law
  2. 2 Whether the revenue threshold for review is satisfied under s 249
  3. 3 Whether applicants for intervention have 'sufficient interest' under s 254 of the National Gas Law

Ratio Decidendi

Leave to review granted for some, but not all, grounds raised by JGN, with the Tribunal satisfied that the serious issue and revenue threshold requirements are met in respect of debt risk premium, gamma, deduction from capital base, and certain Reference Service Agreement provisions. Decision on mine subsidence ground reserved pending further consideration of the revenue threshold. Only parties with demonstrated sufficient interest may intervene; AGL and TRUenergy satisfied this, Ms Kingston did not.

Court Disposition

Leave to review granted in part; leave to intervene granted to AGL and TRUenergy; leave to intervene refused for Ms Kingston; future procedural orders to be formulated.

Orders

  • Leave granted to JGN to apply for review on several grounds except for mine subsidence, on which decision reserved.
  • Leave granted to AGL and TRUenergy to intervene on specified grounds.