Application by East Australian Pipeline Limited [2005] ACompT 1

AUSTRALIAN COMPETITION TRIBUNAL Application by East Australian Pipeline Limited [2005] ACompT 1 TRADE PRACTICES – access to gas pipelines – review of decision of Australian Competition and Consumer Commission – Gas Code calculation – Initial Capital Base – Depreciated Optimised Replacement cost method – whether assessment to be made from point of view of hypothetical new entrant or incumbent PRACTICE AND PROCEDURE – Australian Competition Tribunal – nature of review of decision of Australian Competition and Consumer Commission – ability to raise new issues or change position at or after hearing COSTS – Australian Competition Tribunal – review of decision of Australian Competition and Consumer Commission – principles Gas Pipelines Access (South Australia) Act 1997, ss 38, 39 National Third Party Access Code for Natural Gas Pipeline Systems Application by East Australian Pipeline Limited [2004] ACompT 8, related Application by Epic Energy South Australia Pty Ltd [2002] ACompT 4, cited Application by Duke Eastern Gas Pipeline Pty Ltd (2001) ATPR 41-827, applied 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 18 MARCH 2005 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