AUSTRALIAN COMPETITION TRIBUNAL

Application by Ergon Energy Corporation Limited

(Labour Cost Escalators) (No 9) [2011] ACompT 3

Citation:

Application by Ergon Energy Corporation Limited (Labour Cost Escalators) (No 9) [2011] ACompT 3

Review from:

Australian Energy Regulator

Parties:

ERGON ENERGY CORPORATION LIMITED

(ACN 087 646 062)

File number:

3 of 2010

Members:

MIDDLETON J (DEPUTY PRESIDENT),

MR R DAVEY AND MR R SHOGREN

Date of determination:

10 February 2011

Date of hearing:

15, 16, 17, 19 and 22 November 2010

Place:

Melbourne

Number of paragraphs:

6

Counsel for Ergon Energy Corporation Limited:

Mr P O’Shea SC with Mr Bradley

Solicitor for Ergon Energy Corporation Limited:

Minter Ellison Lawyers

Counsel for Australian Energy Regulator:

Mr P Hanks QC with Mr P Gray, Mr T Clarke and Mr L Merrick

Solicitor for Australian Energy Regulator:

Corrs Chambers Westgarth




IN THE
AUSTRALIAN COMPETITION TRIBUNAL

FILE NO 3 of 2010

RE:

APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A DISTRIBUTION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ERGON ENERGY CORPORATION LIMITED PURSUANT TO RULE 6.11.1 OF THE NATIONAL ELECTRICITY RULES

BY:

ERGON ENERGY CORPORATION LIMITED

(ACN 087 646 062)

MEMBERS:

MIDDLETON J (DEPUTY PRESIDENT),

MR R DAVEY AND MR R SHOGREN

DATE:

10 FEBRUARY 2011

PLACE:

MELBOURNE

REASONS FOR DECISION: (LABOUR COST ESCALATORS)

INTRODUCTION

1    The Tribunal gave reasons in respect of labour cost escalators dated 24 December 2010.

2    Joint submissions by the parties have been received relating to those reasons by letter dated 27 January 2011.

3    In essence, the parties point to some findings made in paragraph [61] of those reasons as to:

(a)    the submission attributed to Ergon Energy as to the inflation rate to be applied to 2011 (2010-11);

(b)    the appropriate inflation rate for 2010-11 to be applied in converting the nominal escalator to a real escalator; and

(c)    the value of the real escalator produced by that conversion.

4    Having considered the joint submissions from the parties, the Tribunal agrees with the parties contentions contained therein.

5    An inflation rate of 2.5% should be applied for 2010-2011, for consistency with the cost escalator modelling framework in the Determination. This would produce a real increment of 1.95% for 2010-2011.

6    The Tribunal requests that the parties prepare minutes of the appropriate determination in light of the above reasons.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Decision herein of the Honourable Justice Middleton (Deputy President), RC Davey and RF Shogren.

Associate:

Dated:    10 February 2011