On 3 June 2015 we released our final decision on Jemena Gas Networks (JGN) Ltd's 2015–20 Access Arrangement.
In June 2015, JGN applied to the Australian Competition Tribunal for merits review and the Federal Court for judicial review of the AER’s final decision for its 2015-20 access arrangement. The tribunal made its decision on 3 March 2016. It remitted the decision back to the AER to be remade in accordance with its orders as to the value of imputation credits (gamma), return on debt and capital expenditure (capex).
In March 2016 the AER applied to the Federal Court for judicial review of the Australian Competition Tribunal decisions to set aside the NSW and ACT electricity and gas distribution network revenue determinations. In May 2017, the Full Federal Court handed down its decision on the AER's appeal of the Tribunal decision. The Court upheld the AER's appeal in respect of the Tribunal's construction of the rules regarding gamma. The Court dismissed the AER's appeal over the Tribunal's ruling on return on debt. The AER must therefore revisit its decision on this matter.