Notified Electricity Prices 2008-09
Remade Decision
On 14 August 2008 AGL Energy Limited ("AGL") and on 1 September 2008 Origin Energy Retail Limited ("Origin") instituted proceedings in the Supreme Court against the Authority and the Minister for Mines and Energy, challenging the Authority’s 2008-09 BRCI Decision.
The judgment of the Court (handed down on 28 April 2009) was that:
- in working out the benchmark retail cost for both the relevant tariff year and the preceding tariff year, the Authority did not form a view of the likely total costs to be incurred during that year to purchase energy to supply the NEM load of the State for that year, as required by s92(1) of the Act; and
- in working out the total benchmark retail cost for the preceding year, the Authority used data which had not been used in working out that cost when the year to 30 June 2008 had been the relevant tariff year, and which the Authority was not otherwise entitled to use in this decision.
The Court ordered the Authority to:
- recalculate the 2007-08 BRCI and decide the BRCI for 2008-09 on or before 5 June 2009 (Remade Decision);
- calculate notified prices for the 2008-09 tariff year by reference to the Remade Decision and, by gazette notice, publish those notified prices (2008-09 Notified Prices); and
- ensure that the 2008-09 Notified Prices take effect immediately before the commencement of the 2009-10 tariff year.
The Authority has released its Remade 2008-09 BRCI Decision in accordance with the Court Orders and judgment.
The Authority now estimates the change in the BRCI between 2007-08 and 2008-09 to be 9.06%, rather than 5.38% as reported in the Authority’s original 2008 09 BRCI Decision.
The Authority’s Remade 2008-09 Decision can be accessed below.
The Authority has applied this change in the BRCI to the Notified Prices that were in existence at the time it made its original 2008-09 BRCI Decision. These higher notified prices will not take effect until 11:55 PM on 30 June 2009.
The new electricity tariffs for 2008-09 were published in the Queensland Government Gazette.
A copy of the Government Gazette notice can be accessed below.
Interim Reports/Papers
