Application by ATCO Gas Australia Pty Ltd [2016] ACompT 10

AUSTRALIAN COMPETITION TRIBUNAL

Application by ATCO Gas Australia Pty Ltd [2016] ACompT 10 Review from: Economic Regulation Authority

File number: ACT 10 of 2015

Tribunal: MIDDLETON J (PRESIDENT) PROFESSOR KT DAVIS (MEMBER) MR R STEINWALL (MEMBER)

Date of Determination: 13 July 2016

Catchwords: ENERGY AND RESOURCES – application under s 245 of the National Gas Law (NGL) for review of an access arrangement decision by the Economic Regulation Authority – national gas objective (NGO) – interrelationship of constituent components and preferable reviewable regulatory decision by the ERA under s 28(1)(b)(i) and (1)(b)(iii) – role of the Tribunal on review –limited discretion under r 40(2) of the NGR – topics for review – sustaining capital expenditure – depreciation – corporate support operating expenditure – reference tariff variation mechanism – return on equity – gamma – materially preferable NGO decision

Legislation: Economic Regulation Authority (National Gas Access Funding) Regulations 2009 (WA) Gas Standards Act 1972 (WA) Gas Standards (Gas Supply and System Safety) Regulations 2000 National Gas (South Australia) Act 2008 (SA) National Gas Access (WA) Act 2009 (WA) National Gas Access (WA) (Local Provisions) Regulations 2009 (WA) National Gas Amendment (Price and Revenue Regulation of Gas Services) Rules 2012 National Gas Rules Statutes Amendment (National Electricity and Gas Laws – Limited Merits Review) Act 2013 (SA)