WA Gas Networks Pty Ltd (No 1) [2011] ACompT 14

WA Gas Networks Pty Ltd (No 1) [2011] ACompT 14

The Tribunal granted leave to the applicant on the basis that each of the challenged matters raised a serious issue to be determined under the statutory criteria for review; the applicant satisfied the requirements of s 248 of the National Gas Law and the monetary threshold in s 249, and there was no discretionary bar to leave being exercised.

Jurisdiction
Australia
Judgment Date
28 October 2011
Procedural Posture
Review Application Under National Gas Law S 245 / Leave to Apply for Review Granted
Outcome
Leave granted to the applicant to apply for review.
Legal Topics
['access Arrangements' 'national Gas Law Review' 'rate of Return' 'regulatory Discretion' 'access Arrangement Revisions']
['administrative Law' 'energy Law' 'regulatory Law'] ['access Arrangements' 'national Gas Law Review' 'rate of Return' 'regulatory Discretion' 'access Arrangement Revisions']

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Procedural Posture

Review Application Under National Gas Law S 245 / Leave to Apply for Review Granted

Legal Issues

  1. 1 ["Whether grounds for review under s 246(1) of the National Gas Law exist in relation to the ERA's access arrangement decision for the gas distribution system" 'Whether there is a serious issue to be heard and determined regarding: (1) Method of Calculating Rate of Return (Rule 87 of NGR); (2) CPI methodology; (3) Cost of Bridging Finance; (4) Working Capital; (5) Regulatory Capital Expenditure under reference tariff variation mechanism; (6) Template Haulage Contract']

Ratio Decidendi

The Tribunal granted leave to the applicant on the basis that each of the challenged matters raised a serious issue to be determined under the statutory criteria for review; the applicant satisfied the requirements of s 248 of the National Gas Law and the monetary threshold in s 249, and there was no discretionary bar to leave being exercised.

Court Disposition

Leave granted to the applicant to apply for review.

Orders

  • ['The applicant be given leave to apply for review of the ERA decision published on 28 April 2011 in relation to the access arrangement for the Mid-West and South-West Gas Distribution Network.' 'The application is stood over for further directions.']