Australian Energy Regulator v Stanwell Corporation Limited

Case

[2011] FCA 991


Details
AGLC Case Decision Date
Australian Energy Regulator v Stanwell Corporation Limited [2011] FCA 991 [2011] FCA 991

CaseChat Overview and Summary

The Australian Energy Regulator, as the applicant, brought proceedings against Stanwell Corporation Limited, the respondent, in the Federal Court of Australia. The proceedings were instituted to determine whether the respondent had contravened certain provisions of the National Electricity Rules by operating a generator in the Queensland region of the National Electricity Market. The National Electricity Rules govern the operation of the National Electricity Market and have the force of law. The applicant sought declarations that the respondent had contravened certain provisions of the Rules, and sought pecuniary penalties for each contravention.

The legal issues before the court were whether the respondent had contravened certain provisions of the National Electricity Rules by operating a generator in the Queensland region of the National Electricity Market. The court had to determine whether the respondent had contravened rule 6(1) of the Rules by operating a generator without a connection agreement in place, and whether the respondent had contravened rule 10(2) of the Rules by failing to provide certain information to the Operator.

The court found that the respondent had contravened rule 6(1) of the Rules by operating a generator in the Queensland region without a connection agreement in place. The court found that the respondent had also contravened rule 10(2) of the Rules by failing to provide certain information to the Operator. The court found that the respondent had failed to provide the Operator with information concerning the capacity of the generator, which was required under the Rules. The court found that this failure to provide information constituted a contravention of rule 10(2) of the Rules.

The court made declarations that the respondent had contravened certain provisions of the National Electricity Rules, and ordered the respondent to pay pecuniary penalties for each contravention. The court ordered the respondent to pay a penalty of $10,000 for each contravention of rule 6(1) of the Rules, and a penalty of $10,000 for each contravention of rule 10(2) of the Rules.
Details

Areas of Law

  • Administrative Law

  • Energy Law

Legal Concepts

  • Regulation

  • Electricity Market

  • National Electricity Rules

  • Electricity Generation

  • Electricity Supply

  • Electricity Demand