Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Re: Application by ElectraNet Pty Limited No 2 [2008] ACompT 2 RE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A TRANSMISSION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ELECTRANET PTY LIMITED PURSUANT TO CLAUSE 6A.13.1 OF THE NATIONAL ELECTRICITY RULES BY: ELECTRANET PTY LIMITED
File no 1 of 2008
JUSTICE GOLDBERG
28 july 2008
MELBOURNE AUSTRALIAN COMPETITION TRIBUNAL
FILE No 1 of 2008 rE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A TRANSMISSION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ELECTRANET PTY LIMITED PURSUANT TO CLAUSE 6A.13.1 OF THE NATIONAL ELECTRICITY RULES
BY: ELECTRANET PTY LIMITED
Applicant MEMBER: JUSTICE GOLDBERG (PRESIDENT) DATE OF DIRECTION: 28 JULY 2008
WHERE MADE: MELBOURNE
THE TRIBUNAL ORDERS AND DIRECTS THAT:
1. Subject to paragraph 2 of this Order, leave is granted to Energy Consumers Coalition of South Australia to intervene in this review. 2. Energy Consumers Coalition of South Australia is limited to presenting evidence and documents and making submissions in relation to: (a) its contention that $52.8 million or thereabouts should not be included in ElectraNet Pty Limited's opening regulatory asset base as at 1 July 2008 to the extent to which evidence and documents are not presented and submissions are not made by the Australian Energy Regulator in relation to that issue; (b) the matters raised in Annexure "C" to the affidavit of David Headberry filed and sworn on 23 July 2008 in relation to its contention that $29.1 million or thereabouts should not be included in ElectraNet Pty Limited's opening regulatory asset base as at 1 July 2008 in respect of easement compensation costs. 3. Any evidence, documents and submissions upon which Energy Consumers Coalition of South Australia wishes to rely be filed and served by 4.00pm on 1 August 2008. 4. The applicant file and serve on Energy Consumers Coalition of South Australia and the Australian Energy Regulator an outline of submissions in reply to Energy Consumers Coalition of South Australia by 4.00pm on 8 August 2008. AUSTRALIAn competition tribunal
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