The access arrangement decision made by the AER in June 2011 in respect of APT Allgas’s gas distribution network in QLD is the subject of an application for review in the Australian Competition Tribunal (Tribunal). 

APT Allgas has sought review of the decision made by the AER in respect of the following matter:

(a) the methodology and the estimation of the debt risk premium.

The National Gas Law requires an applicant to apply to the Tribunal for leave to apply for review. The Tribunal will hear submissions on the issue of leave on 12 October 2011.

If the application is allowed to proceed, the Tribunal will also make directions as to the steps to be undertaken by the parties in preparation for the final hearing of the application for review.
 

The National Gas Law allows certain individuals or bodies, with the leave of the Tribunal, to intervene in the application for review. If leave is granted an intervener is permitted to provide written submissions and, at the final hearing, may be permitted to orally address the Tribunal on specific points.

The Tribunal has requested that the AER provide notice to interested parties about APT Allgas’s application for review and to advise that: any application for leave to intervene be filed with the Tribunal by 4.00pm on 19 August 2011; that any applicant for leave to intervene file with the Tribunal, and serve on APT Allgas and the AER, submissions and any affidavit material on which it seeks to rely in relation to the issue of leave to intervene by 4.00pm on 26 August 2011; and that the Tribunal will hear all applications for leave to intervene at 10.15am on 12 October 2011. 

No leave was granted for any other party to intervene and address the the Tribunal.

On 10 February 2012, the Australian Competition Tribunal (Tribunal) made its final determination in relation to the access arrangement made by the AER in June 2011 for the Qld gas distribution network owned by APT Allgas. The determination varied the AER’s approach to calculating the allowance for the cost of debt.