Australian Energy Regulator v Australian Competition Tribunal (No 2) [2017] FCAFC 79

FEDERAL COURT OF AUSTRALIA

Australian Energy Regulator v Australian Competition Tribunal (No 2) [2017] FCAFC 79 Application from: Applications by Public Interest Advocacy Service Ltd and Ausgrid Distribution [2016] ACompT 1 Applications by Public Interest Advocacy Service Ltd and Endeavour Energy [2016] ACompT 2 Applications by Public Interest Advocacy Service Ltd and Essential Energy [2016] ACompT 3 Application by ActewAGL Distribution [2016] ACompT 4

File numbers: NSD 415 of 2016 NSD 416 of 2016 NSD 418 of 2016 NSD 419 of 2016

Judges: BESANKO, YATES AND ROBERTSON JJ

Date of judgment: 24 May 2017

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Australian Competition Tribunal (Tribunal) reviewing decisions of the Australian Energy Regulator (AER) – nature and scope of review by the Tribunal – whether the Tribunal erred in its construction of provisions in the National Electricity Rules relating to the determination of the rate of return on debt, the value of imputation credits and the operating expenditure criteria – whether the Tribunal allowed the distribution network service providers to raise matters that were not raised and maintained by them in submissions to the AER, contrary to s 71O(2) of the National Electricity Law

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3, Sch 3 Competition and Consumer Act 2010 (Cth) s 103 Fair Work Act 2009 (Cth) National Electricity Law ss 71A, 71B, 71C, 71O, 71P, 71R Competition and Consumer Regulations 2010 (Cth) National Electricity Rules