Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by Multinet Gas (DB No 1) Pty Ltd (No 2) [2013] ACompT 6 Citation: Application by Multinet Gas (DB No.1) Pty Ltd (No 2) [2013] ACompT 6
Review from: Australian Energy Regulator
Parties: MULTINET GAS (DB NO.1) PTY LTD AND MULTINET GAS (DB NO.2) PTY LTD, TRADING AS MULTINET GAS DISTRIBUTION PARTNERSHIP
File number: ACT 3 of 2013
Tribunal: MANSFIELD J, PRESIDENT PROFESSOR DK ROUND, MEMBER MR GF LATTA, MEMBER
Date of decision: 31 July 2013
Date of hearing: Heard on the papers
Date of last submissions: 29 July 2013
Place: Adelaide
Category: No catchwords
Number of paragraphs: 10
Solicitor for the Applicant: Johnson Winter Slattery
Solicitor for the Respondent: Australian Government Solicitor
IN THE AUSTRALIAN COMPETITION TRIBUNAL ACT 3 of 2013
RE: APPLICATION UNDER SECTION 245 OF THE NATIONAL GAS LAW FOR REVIEW OF AN ACCESS ARRANGEMENT DECISION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO MULTINET LTD PURSUANT TO RULE 64 OF PART 8 OF THE NATIONAL GAS RULES
BY: MULTINET GAS (DB NO.1) PTY LTD AND MULTINET GAS (DB NO.2) PTY LTD, TRADING AS MULTINET GAS DISTRIBUTION PARTNERSHIP
Applicant
tribunal: MANSFIELD J, president
PROFESSOR DK ROUND, member
MR GF LATTa, member
DATE OF ORDER: 31 JULY 2013 WHERE MADE: ADELAIDE
THE TRIBUNAL DETERMINES AND ORDERS THAT:
1. The matter be remitted to the Australian Energy Regulator to re-make the decision under Rule 64(4) of the National Gas Rules giving effect to its proposed revisions to the access arrangement of the Applicant (Multinet) for the 2013-2017 period by the Access Arrangement Decision Multinet Gas (DB No.1) Pty Ltd and Multinet Gas (DB No.2) Pty Ltd 2013-2017 dated April 2013 and published on 29 April 2013 in accordance with the following directions: (a) the opening capital base for the 2013-2017 access arrangement period be determined by reference to conforming capital expenditure made by Multinet in 2012 and not by reference to the forecast of 2012 capital expenditure made by the Essential Services Commission of Victoria in relation to the preceding access arrangement period; (b) in assessing the conforming capital expenditure made by Multinet in 2012, the AER shall have regard to the most accurate information available regarding Multinet's actual capital expenditure including Multinet's audited statutory and regulatory accounts submitted to the AER; (c) despite Rule 64(3) of the National Gas Rules, the AER shall consult Multinet and take into account any written submissions made by Multinet.
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