On 19 November 2010, SPI Electricity Pty Ltd (SP AusNet) applied to the Australian Competition Tribunal (Tribunal) for review of various parts of its 2011–15 distribution determination. One part of that review concerned the definition of the insurance pass through event that was included in SP AusNet’s 2011–15 distribution determination pursuant to clause 6.12.1(14) of the NER. On 5 April 2012, the Tribunal ordered that the insurance pass through event decision be remitted to the AER to be remade.
On 29 August 2012, the AER published its draft decision on this matter and has invited written submissions to be provided to the AER by close of business 3 October 2012.
At the time of the draft decision, the Tribunal’s reasons underpinning its order to remit the insurance pass through event were confidential. On 24 September 2012, the Tribunal made orders that result in a redacted version of its reasons being publicly available: http://www.austlii.edu.au/au/cases/cth/ACompT/2012/2.html
Interested parties may find the Tribunal’s reasons beneficial in making a submission to the AER on the AER’s draft decision.