 Solicitor for Integral Energy not Energy”. “Intergral I certify that the preceding four [4] numbered paragraphs are a true copy of the Corrigendum to the Reason for Determination herein of the Honourable Justice Middleton (Deputy President), Mr R Davey and Mr R Shogren. Associate: 1 December 2009 AUSTRALIAN COMPETITION TRIBUNAL Application by EnergyAustralia and Others [2009] ACompT 8 COMPETITION LAW Review of decision of Australian Energy Regulator pursuant to – National Electricity Law - merits review judicial review consideration of grounds of – – review - whether exercise of discretion was incorrect whether decision was unreasonable – – scope of separate ground of review of whether a decision under review ‘unreasonableness’ – is in all the circumstances’ circumstances where the Tribunal may remit a ‘unreasonable – matter for determination by the Regulator EVIDENCE Tribunal limited to information, documents, material and matters before the – Regulator extent to which the Tribunal may have regard to non related matter’ – ‘review – matters to which the Tribunal may have regard National electricity pricing and revenue regime NATIONAL ELECTRICITY LAW – – application for review of distribution and transmission determinations distribution and – transmission network service providers assessment of appropriate regulatory control period – whether Regulator reasonably withheld agreement to proposed averaging period whether – – decision was made by reference to national electricity objectives and pricing principles (SA) Gas Pipelines Access (South Australia) Act 1997 National Electricity Law National Electricity Rules (2005) ATPR 42-047 Application by East Australian Pipeline Ltd (2009) ACompT 7 Application by EnergyAustralia (2003) ATPR 41-932 Application by Epic Energy South Australia Pty Ltd
 Solicitor for Integral Energy not “Intergral Energy”. I certify that the preceding four [4] numbered paragraphs are a true copy of the Corrigendum to the Reason for Determination herein of the Honourable Justice Middleton (Deputy President), Mr R Davey and Mr R Shogren. Associate: 1 December 2009 AUSTRALIAN COMPETITION TRIBUNAL Application by EnergyAustralia and Others [2009] ACompT 8 COMPETITION LAW – Review of decision of Australian Energy Regulator pursuant to National Electricity Law - merits review – judicial review – consideration of grounds of review - whether exercise of discretion was incorrect – whether decision was unreasonable – scope of separate ground of review of ‘unreasonableness’ – whether a decision under review is ‘unreasonable in all the circumstances’ – circumstances where the Tribunal may remit a matter for determination by the Regulator EVIDENCE – Tribunal limited to information, documents, material and matters before the Regulator – extent to which the Tribunal may have regard to non ‘review related matter’ – matters to which the Tribunal may have regard NATIONAL ELECTRICITY LAW – National electricity pricing and revenue regime – application for review of distribution and transmission determinations – distribution and transmission network service providers – assessment of appropriate regulatory control period – whether Regulator reasonably withheld agreement to proposed averaging period – whether decision was made by reference to national electricity objectives and pricing principles Gas Pipelines Access (South Australia) Act 1997 (SA) National Electricity Law National Electricity Rules Application by East Australian Pipeline Ltd (2005) ATPR 42-047 Application by EnergyAustralia (2009) ACompT 7 Application by Epic Energy South Australia Pty Ltd (2003) ATPR 41-932
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