Application by EnergyAustralia [2009] ACompT 7

AUSTRALIAN COMPETITION TRIBUNAL

Application by EnergyAustralia [2009] ACompT 7 RE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A DISTRIBUTION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ENERGYAUSTRALIA PURSUANT TO CLAUSE 6.11.1 OF APPENDIX 1 OF CHAPTER 11 OF THE NATIONAL ELECTRICITY RULES BY: ENERGYAUSTRALIA Applicant AND: SOUTHERN SYDNEY REGIONAL ORGANISATION OF COUNCILS Intervener

FILE NO 2 of 2009

JUSTICE MIDDLETON (DEPUTY PRESIDENT), MR R DAVEY AND MR R SHOGREN

16 OCTOBER 2009

MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 2 of 2009

RE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A DISTRIBUTION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ENERGYAUSTRALIA PURSUANT TO CLAUSE 6.11.1 OF APPENDIX 1 OF CHAPTER 11 OF THE NATIONAL ELECTRICITY RULES

BY: ENERGYAUSTRALIA Applicant

AND SOUTHERN SYDNEY REGIONAL ORGANISATION OF COUNCILS Intervener

THE TRIBUNAL: JUSTICE MIDDLETON (DEPUTY PRESIDENT),

MR R DAVEY AND MR R SHOGREN DATE OF DIRECTION: 16 OCTOBER 2009

WHERE MADE: MELBOURNE

THE TRIBUNAL DIRECTS THAT:

1. The parties consult with the aim of reaching agreement on the directions or recommendations that may be made by the Tribunal in making its determination and remitting the matter to the AER, identifying precisely each public lighting issue which is agreed and each public lighting issue which is not agreed and which remains in contention 2. The parties report to the tribunal on or before 4:00pm on 19 October 2009 indicating a practicable and reasonable time prior to the date (27 November 2009) for the making of the Tribunal's determination in which such consultation can be finalised and reported to the Tribunal pursuant the following direction. 3. Within five days of the conclusion of the consultation, the AER report in writing to the Tribunal each agreed direction or recommendation and each issue not agreed and which remains in contention. IN THE AUSTRALIAN COMPETITION TRIBUNAL