Professor Gavan McDonell,reminds ACCC Appeal against NET decision was upheld by Victorian Supreme Court

First 12 of 12 paragraphs shown Former National Electricity Tribunal (NET) member, Professor Gavan McDonell, who wrote the minority decision in the Murraylink application for review of the SNI decision by the National Electricity Market Management Company (NEMMCO). has made a submission to the Australian Competition and Consumer Commission (ACCC) on its draft decision following a review of the regulatory test for network augmentations.

Appeal against NET decision upheld: In his submission McDonell noted that an appeal against the majority NET decision in this case was later upheld in the Victorian Supreme Court. He mentioned that he had been involved with the electricity reform process for a long time, having directed the 1985-86 Commission of Enquiry into NSW Electricity Generation Planning. The results of that, along with a later Victorian Enquiry, established preconditions for national policy reform, and much of the agenda.

Regulatory test an issue in appeal: McDonell said various aspects of his NET decision involving the welfare-economic and theoretical bases of the regulatory test and the NEMMCO decision were included in the arguments of the appeal to the Victorian Supreme Court. The case involved detailed discussion and interpretation of the ACCC regulatory test.

Offer of assistance: McDonell said he retired from the National Electricity Tribunal in early January 2003, and had not been involved with the National Electricity Market (NEM) since then. On 20 March of that year, he learned that a review of the regulatory test had started in February and wrote to Sebastien Roberts, general manager, regulatory affairs electricity, offering his assistance.

No reply to letter: McDonell said he had no further submission to make beyond his NET decision. He received no reply to that letter and had not followed later developments. However, a former colleague yesterday (22 April) sent him the ACCC draft decision document, responses to which were due today.

Reference: Submission by Professor Gavan McDonell to Australian Competition and Consumer Commission (ACCC) on its draft decision on the review of the regulatory test. 23 April 2004. Address: 38 Park Road, Bowral. NSW. 2578. ACCC address: 470 Northbourne Avenue, Dickson. ACT. 2602. PO Box 1199, Dickson, ACT. 2602. Phone: (02) 6243 1111. Fax: (02) 6243 1123.

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Article in: [Electricity Week][Electricity Week]
Article Tags: [ Energy - General ][ Energy - Electricity ][ Regulation ]

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