The access arrangement decision made by the AER in April 2010 was the subject of an application for review in the Australian Competition Tribunal (Tribunal).

ActewAGL sought review of the decision made by the AER in respect of the methodology and the calculation of the debt risk premium. Specifically, the review related to the decision of the AER:

1. to determine the debt risk premium by using the CBASpectrum 10-year BBB+ fair value estimate; and
2. to exclude the Babcock and Brown Infrastructure bond from its calculations of the cost of corporate debt. 

The National Gas Law requires an applicant to apply to the Tribunal for leave to apply for review.  The Tribunal heard submissions on the issue of leave on 24 June 2010, and leave was granted to ActewAGL.

No leave was granted for any other party to intervene and address the Tribunal either on the papers or orally.

On the 23 September 2010 the Tribunal made its order following a review of the decision by the AER in respect of the methodology and the calculation of the debt risk premium. The AER amended the access arrangement for ActewAGL's gas distribution network in line with the orders of the Tribunal.