On 18 January 2018, the Full Federal Court handed down SA Power Networks v Australian Competition Tribunal (No 2) [2018] FCAFC 3 . This was a review application from Application by SA Power Networks [2016] AComptT 11.
In our debt position paper, we indicated we would consider the decision of the Full Court for SA Power Networks when it was handed down. We consider this Full Court decision handed down on 18 January supports our proposed approach to apply a revenue neutral debt transition in the remitted debt decisions. Our revenue neutral debt transition approach was developed following the Tribunal decisions that gave rise to the current remittals. It was recently upheld in relation to Victorian electricity distributors and ActewAGL gas (as discussed in the debt position paper). We invited interested stakeholders to review the decision of the Full Court and comment on it, or comment on our view it supports our proposed remitted debt approach to apply a revenue neutral debt transition, in their submissions to our debt position paper.
We extended the deadline for submissions on the AER position paper on the remitted debt decisions from 10 February 2018 to 24 February 2018 to ensure that interested parties have sufficient time to fully consider and comment on the Full Federal Court decision SA Power Networks v Australian Competition Tribunal (No 2) [2018] FCAFC 3 in any submissions.