The Australian Energy Regulator (AER) welcomes today’s Federal Court decision dismissing SA Power Networks’ (SAPN) application for judicial review of the AER’s 2015 South Australian pricing proposal decision.
In dismissing SAPN’s application, the Court found that the AER correctly applied the National Electricity Rules and did not make error in rejecting SAPN’s proposed introduction of a solar tariff and a social tariff from 1 July 2015. The Court also rejected SAPN’s argument that the AER’s decision was unreasonable.
“The Federal Court has held that it was open to the AER to reject the solar tariff proposed by SAPN as not complying with the National Electricity Rules, and that the AER did not make a reviewable error,” Acting AER Chair Jim Cox said.
“The AER had rejected the solar tariff because the National Electricity Rules require that customers with micro-generation facilities, such as solar panels, should not be treated less favourably than customers without such facilities, but with similar load profiles.”
“The decision means there will be no changes to the 2015–16 SAPN network tariffs that currently apply,” Mr Cox said.
SAPN has also applied to the Australian Competition Tribunal for merits review and the Federal Court for judicial review of the AER’s decision regarding the revenue SAPN can recover from customers in 2015–20. These matters have yet to be heard.