The distribution determinations made by the AER in May 2010 regarding the respective electricity distribution networks owned by Energex, Ergon Energy and ETSA Utilities are the subject of an application for review in the Australian Competition Tribunal (Tribunal).

Energex, Ergon Energy and ETSA Utilities have sought review of the AER's decision regarding the value of imputation credits (gamma). Ergon Energy has also sought review of aspects of its capital expenditure allowance, forecast customer service costs, demand forecasts, alternative control services (quoted services), the classification of street lighting services, the service target performance incentive scheme, and labour cost escalators.

ETSA Utilities has also sought review of the value of its opening regulatory asset base. The National Electricity 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 15 July 2010. 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 AER has undertaken to provide notice to interested parties about the applications for review made by Energex, Ergon Energy and ETSA Utilities. The AER advises that interested parties are required to file any applications for leave to intervene with the Tribunal by 28 July 2010. Copies of the application must also be provided to Energex, Ergon Energy, ETSA Utilities and the AER by 28 July 2010.

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

If you are interested in seeking the approval of the Tribunal to intervene in any of the matters before the Tribunal please contact the Australian Competition Tribunal to notify the Tribunal of your interest and to find out more about the procedure. The Principal Office of the Tribunal is located within the Federal Court Registry in Melbourne: Australian Competition Tribunal Commonwealth Law Courts 305 William Street Melbourne 3000 VIC Tel: (03) 8600 3505 Fax: (03) 8600 3522.

The Australian Competition Tribunal made its order on 19 May 2011 following a review of the decision by the AER in respect of the value of imputation credits (gamma) and the value of the opening regulatory asset base.