Application by East Australian Pipeline Limited [2004] ACompT 8

AUSTRALIAN COMPETITION TRIBUNAL Application by East Australian Pipeline Limited [2004] ACompT 8 TRADE PRACTICES – access to gas pipelines – review of decision of Australian Competition and Consumer Commission as to draft access arrangement – Moomba to Sydney Pipeline System – calculation of reference tariff – whether decision incorrect or unreasonable – calculation of initial capital base (ICB) – calculation of optimised replacement cost (ORC) and depreciated optimised replacement cost (DORC) – benchmark credit rating for purpose of calculating rate of return on capital ADMINISTRATIVE LAW – appeal body empowered by statute to review decisions of regulator – scope of review power where regulator is granted large area of discretion Gas Pipelines Access (South Australia) Act 1997, ss 38, 39 National Third Party Access Code for Natural Gas Pipeline Systems, ss 8.1, 8.2, 8.4, 8.10 Application by Epic Energy South Australia Pty Ltd [2002] ACompT 4 applied Application by Epic Energy South Australia Pty Ltd [2003] ACompT 5 applied Federal Commissioner of Taxation v St Helens Farm (ACT) Pty Ltd (1980–1981) 146 CLR 336 cited Melwood Units Pty Ltd v Commissioner of Main Roads [1979] AC 426 (PC) cited Re Michael Ex parte Epic Energy (WA) Nominees Pty Ltd (2002) 25 WAR 511 considered APPLICATION UNDER S 39(1) OF THE GAS PIPELINE ACCESS LAW FOR REVIEW OF THE DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION ON 8 DECEMBER 2003 TO APPROVE ITS OWN ACCESS ARRANGEMENT PURSUANT TO THE PROVISIONS OF THE NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS AND THE GAS PIPELINE ACCESS LAW

NO 8 OF 2003

GYLES J (Deputy President), MR RC DAVEY and MISS MM STARRS 8 JULY 2004 SYDNEY

IN THE AUSTRALIAN COMPETITION TRIBUNAL NO 8 OF 2003

RE: APPLICATION UNDER S 39(1) OF THE GAS PIPELINE ACCESS LAW FOR REVIEW OF THE DECISION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION ON 8 DECEMBER 2003 TO APPROVE ITS OWN ACCESS ARRANGEMENT PURSUANT TO THE PROVISIONS OF THE NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS AND THE GAS PIPELINE ACCESS LAW