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Wholesale energy market disputes
Past panel determinations
A summary of the determinations made by the dispute resolution panel in relation to wholesale gas disputes.
Determination | Origin Energy (Vic) Pty Ltd (Claimant) and AEMO - Compensation under rule 238 of the National Gas Rules |
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Overview | Claim for compensation by the Claimant following administered pricing periods which occurred on 1, 3, 5, 6, 8, 17, 19, 22 and 29 June 2022 and 1, 2, 3, 4, 6, 8 and 12 July 2022. |
Panel | Peter R D Gray KC, Gregory H Thorpe |
Hearing by Zoom | 12 October 2022 |
Wholesale energy market dispute resolution adviser (WEMDRA) | Shirli Kirschner |
Compensation amount | $1,316,589.53 (inclusive of GST) (Breakdown included in Determination) |
Dispute resolution panel costs | $40,975 (inclusive of GST) |
WEMDRA costs | $10,536.90 (inclusive of GST) |
Determination | |
Procedural directions | |
Submissions | TBC |
Determination | Simply Energy, AETV, APA, Red Energy, Lumo, Dodo ("The Participants") and AEMO - Participant compensation fund claim 2016 |
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Overview | Claim for compensation by The Participants following an unintended scheduling result which occurred on 1 October 2016. There was no dispute on the details (set out in the report attached) or the compensation amounts. |
Panel | Gregory H Thorpe |
Round table forum by zoom | 17 February 2017 |
Wholesale energy market dispute resolution adviser (WEMDRA) | Shirli Kirschner |
Compensation amount | $116 494.09 (inclusive of GST) (Breakdown included in Determination) |
Dispute resolution panel costs | $4400 (inclusive of GST) |
WEMDRA costs | $4433 (inclusive of GST) and disbursements |
Determination | |
Submissions | Joint submission AEMO and AETV et al (final with all joined parties) - 9 May 2017 Hydro application for compensation for a USR - 24 February 2017 |
Determination | Simply Energy and AEMO - Participant compensation fund claim 2010 |
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[no-lexicon] Overview | Claim for compensation by Simply Energy following an unintended scheduling result which occurred on 29 June 2010. The unintended scheduling result is the subject of a Market report entitled "Unintended Scheduling Result Gas Day 29 June 2010". |
Panel | Peter R D Gray |
Round table forum | 17 February 2011 |
Dispute adviser | Shirli Kirschner |
DRP costs | $3200 (inclusive of GST) |
Adviser costs | $1980 (inclusive of GST) |
Determination | |
Submissions | Supplementary Submission for USR Hearing - 17 February 2011
AEMO - Unintended Scheduling Result Gas Day - 29 June 2010
AEMO and Simply Energy Joint submission to the dispute resolution panel |
Determination | AGL Sales Pty Ltd and Origin Energy and AEMO - Participant compensation fund claim - 2010 |
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Overview | Claim for compensation by AGL and Origin following an unintended scheduling result that occurred on 15 March 2010 as part of the operating schedules for that gas day for injection of natural gas at the Longford injection point of the Victorian Declared Transmission System. AEMO investigated and declared an unexpected scheduling result. AGL and Origin were awarded compensation from the Participant Compensation Fund to be paid by 30 June 2010. |
Panel | Peter R D Gray |
Dispute adviser | Shirli Kirschner |
DRP costs | (including the Adviser costs, not including parties individual legal fees) TBA |
Commencement |
Unintended Scheduling Result - Gas Day Report - 15 March 2010 |
Submission | AEMO, AGL and Origin Joint submission to the Dispute Resolution Panel - 9 June 2010 |
Determination |
Determination | AGL v VENCorp (pre 2009) |
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Overview | A dispute between AGL Sales Pty Ltd and VENCorp relating to the failure of the market clearing engine software to prorate the minimum daily quantity bids of AGL and other wholesale gas market participants for gas supplied from Longford on specified dates in 2007. AGL was unsuccessful in its claim that this was a scheduling error under the Rule for which it was entitled to compensation from a participant compensation fund. |
Panel | Sir Anthony Mason AC KBE, Ron Merkel QC and Greg Thorpe |
Dispute Adviser | Shirli Kirschner |
Date of Determination | 19 June 2009 |
Determination | Dispute resoultion panel - Decision - AGL v VENCorp - 19 June 2008 |