Application by Epic Energy South Australia Pty Ltd [2002] AcompT 4

Commonwealth of Australia

Application by Epic Energy South Australia Pty Ltd [2002] AcompT 4

APPLICATION BY EPIC ENERGY SOUTH AUSTRALIA PTY LTD File No 6 of 2002 JUSTICE COOPER, PROFESSOR D K ROUND AND MISS M M STARRS ADELAIDE 27 NOVEMBER 2002

IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 6 of 2002

RE: APPLICATION UNDER SECTION 38 AND/OR SECTION 39 OF THE GAS PIPELINES ACCESS (SOUTH AUSTRALIA) LAW FOR REVIEW OF THE DECISION BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 31 JULY 2002 TO DRAFT AND APPROVE AN ACCESS ARRANGEMENT FOR THE MOOMBA TO ADELAIDE PIPELINE SYSTEM UNDER SECTION 2.20(a) OF THE NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS

BY: EPIC ENERGY SOUTH AUSTRALIA PTY LTD

TRIBUNAL: JUSTICE RE COOPER (DEPUTY PRESIDENT)

PROFESSOR D K ROUND

MISS M M STARRS

DATE: 27 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE TRIBUNAL RULES AND DIRECTS THAT :

ruling 1. The application for review by Epic Energy South Australia Pty Ltd is, and is limited to, an application for review under s 39(1) of the Gas Pipelines Access (South Australia) Law. 2. Epic Energy South Australia Pty Ltd may not, as part of its submissions in support of its application, seek to incorporate new matter, including expert opinion evidence or material of a rebuttal nature, which was not before the Australian Competition and Consumer Commission before the decision under review was made, in an attempt to establish a ground for the purposes of s 39(2)(a) of the Gas Pipelines Access (South Australia) Law. Accordingly, submissions from Philip Venton, the Brattle Group and MicroAlloying International Inc, as foreshadowed by Epic Energy South Australia Pty Ltd, are not matters which the Tribunal may consider upon a review of the decision in issue. 3. The ground of want of procedural fairness, as pleaded in paragraphs 15(b), 20, 21, 22 and 23 of the application for review, is not an available ground for the purposes of s 39(2)(a)(ii) of the Gas Pipelines Access (South Australia) Law.