Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by Envestra Limited (No 2) [2012] ACompT 4 Citation: Application by Envestra Limited (No 2) [2012] ACompT 4
Review from: Australian Energy Regulator
Parties: ENVESTRA LIMITED (ABN 19 078 551 685)
File number: ACT 6 of 2011
Tribunal: MANSFIELD J (PRESIDENT) MR R DAVEY PROFESSOR D ROUND
Date of decision: 11 January 2012
Catchwords APPLICATION UNDER S 245 NATIONAL GAS LAW – review of full access arrangement decision of Australian Energy Regulator – whether building blocks of allowable revenue correctly determined (1) Debt risk premium – reliability of fair value curve – whether regulator tested fair value curve appropriately – whether all relevant material considered – where fair value curve estimate averaged with single bond – whether averaging process erroneous (2) Market risk premium – variation from previously used value – whether arithmetic or geometric mean of historical excess returns is accurate – whether any reviewable error made out
Date of hearing: 21, 22, 23, 24 and 25 November 2011
Place: Adelaide (via video link with Melbourne and Brisbane)
Category: Catchwords
Number of paragraphs: 173
Counsel for Envestra Ltd: P Bick QC and D Farrands
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