Application by United Energy Distribution Pty Limited

In the matter of the National Electricity Law 2005 and the National Electricity Rules, five separate applications were brought by the registered distribution network service providers (DNSPs) in Victoria for review of the final determination made by the Australian Energy Regulator (AER) on the price control regime to apply to the DNSPs for the period 2011–2015. The applicants are United Energy Distribution Pty Limited, SPI Electricity Pty Limited, Powercor Australia Limited, Jemena Electricity Networks (Vic) Ltd and CitiPower Pty. The AER was dissatisfied with various aspects of the final decision, and sought review by the Australian Energy Regulator Tribunal. The applicants sought various changes to the determination, including a reduction in the amount of capital expenditure and operating expenditure permitted to be charged to consumers. The legal issues before the court were whether the AER had considered all relevant submissions, and whether the AER had made any errors of fact, had exercised its discretion incorrectly, or had made a decision that was unreasonable. The court found that the AER had considered all relevant submissions and had not made any material errors of fact, had exercised its discretion correctly, and had not made a decision that was unreasonable. The court dismissed all of the applications brought by the DNSPs.

The court found that the AER had considered all relevant submissions, including those that were submitted after the period specified in the notice for submissions had expired. The court held that the AER was not required to consider any submission that was submitted after the specified period, but was permitted to do so. The court also found that the AER had not made any material errors of fact, and that any errors that were made did not affect the outcome of the determination. The court held that the AER had exercised its discretion correctly, and that the determination was not unreasonable. The court dismissed all of the applications brought by the DNSPs, and held that the final determination made by the AER was valid.