Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by ActewAGL Distribution [2017] ACompT 2 Review from: Australian Energy Regulator Final Decision: United Energy Distribution determination 2016 to 2020 Australian Energy Regulator Final Decision: ActewAGL Distribution Access Arrangement 2016 to 2021 Australian Energy Regulator Final Decision: Jemena Distribution Determination 2016 to 2020
File numbers: ACT 3 of 2016 ACT 6 of 2016 ACT 7 of 2016
Tribunal: ROBERTSON J (DEPUTY PRESIDENT) MR RF SHOGREN (MEMBER) DR DR ABRAHAM (MEMBER)
Date of Determination: 17 October 2017
Catchwords: ENERGY AND RESOURCES – applications for review of distribution determinations by the Australian Energy Regulator (AER) – grounds raised by ActewAGL under National Gas Law and National Gas Rules – grounds raised by other applicants under National Electricity Law and National Electricity Rules ENERGY AND RESOURCES – topics for review – return on debt (transition): AER's decision to reject the relevant applicants' proposed trailing average approach (with no period of transition) to estimating the return on debt for use in the determination of the allowed rate of return for the 2015/16 year and the 2016-21 access arrangement period (together, 2015-21 period), and to instead determine the relevant applicants' return on debt using approach that involved a form of transition from the previous "on-the-day" approach to the trailing average approach ENERGY AND RESOURCES – topics for review – value of imputation credits (gamma): AER's decision to reject the relevant applicants' proposed value of imputation credits of 0.25 for use in the estimation of the cost of corporate income tax, and instead to determine that the value of imputation credits ought to be 0.4 ENERGY AND RESOURCES – topics for review – forecast inflation: AER's decision to reject ActewAGL's proposal to adopt a breakeven method estimate of inflation for the 2015-21 period of 1.96 per cent, and to instead determine that forecast inflation ought to be 2.18 per cent ENERGY AND RESOURCES – topics for review – advanced metering infrastructure rollout: the AER's decision the subject of the Victorian Minister's intervention
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