CKI Utilities Development Pty Ltd v Australian Energy Regulator [2016] FCA 17

FEDERAL COURT OF AUSTRALIA

CKI Utilities Development Pty Ltd v Australian Energy Regulator [2016] FCA 17 File number: SAD 231 of 2015

Judge: MANSFIELD J

Date of judgment: 29 January 2016

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Australian Energy Regulator (AER) – AER determination that a pricing proposal is deficient under cl 6.18.8 of the National Electricity Rules (NER) ENERGY AND RESOURCES – Distribution Network Service Provider discretion in defining tariff classes – where pricing proposal includes tariff subclasses – where pricing proposal includes a "solar tariff" subclass for customers with micro-generation facilities – where pricing proposal includes a "social tariff" subclass for customers identified as hardship customers – whether the NER recognise the existence of tariff subclasses – application of the protective principles of cl 6.18.4(a) of the NER – equal treatment of retail customers with a similar connection or usage profile – comparison of similarity or dissimilarity of customer load profiles – use of competing expert evidence to demonstrate unreasonableness – treatment of retail customers with micro-generation facilities no less favourable than retail customers without such facilities but with a similar load profile – where there is an economically efficient rationale for tariff classes – role or responsibility of a Distribution Network Service Provider for the determination of policy ADMINISTRATIVE LAW – requirement that the AER approve a pricing proposal if the AER is satisfied in accordance with cl 6.18.8 – whether an onus to demonstrate dissimilarity of load profiles was imposed – where it was open to the applicants to provide the information they considered would satisfy the AER