NOTICE OF LODGMENT

AUSTRALIAN COMPETITION TRIBUNAL

This document was lodged electronically in the AUSTRALIAN COMPETITION TRIBUNAL on 16/07/2015 14:19 pm AEST and has been accepted for lodgment under the Interim Practice Direction dated 8 May 2015. Filing details follow and important additional information about these are set out below.

Lodgment and Details

Document Lodged: Submissions – NON-CONFIDENTIAL File Number: ACT 8 of 2015 File Title: Application by Jemena Gas Networks (NSW) Ltd Registry: SOUTH AUSTRALIA – AUSTRALIAN COMPETITION

TRIBUNAL Dated: 16/07/2015 14:19 pm AEST Registrar

Important Information

As required by the Interim Practice Direction dated 8 May 2015, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Tribunal and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The date and time of lodgment also shown above are the date and time that the document was received by the Tribunal. Under the Tribunal’s Interim Practice Direction the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4:30 pm local time at that Registry) or otherwise the next working day for that Registry.

Commonwealth of Australia

National Gas (New South Wales) Act 2008

IN THE AUSTRALIAN COMPETITION TRIBUNAL

ACT 8 of2015 File Nos.

Re Application under s 245 of the National Gas Law for a review of

the access arrangement final decision made by the Australian

Energy Regulator in relation to Jemema Gas Networks (NSW)

Limited under c162 of the National Gas Rules

SUBMISSIONS IN SUPPORT OF APPLICATION FOR LEAVE TO INTERVENE

Background

1. On or about 27 November 2014, the Australian Energy Regulator (AER)

released an access arrangement draft decision for Jemema Gas Networks

(NSW) Limited (JGN) for the 2015-20 regulatory control period. The AER

did so in the exercise of the AER's economic regulatory functions under the

National Gas Law (NGL).

2. Also on or about 27 November 2014, the AER requested interested

stakeholders provide submissions on the access arrangement draft decision

for JGN for the AER's consideration in making its access arrangement final

decision for JGN. The time required for making a submission under the

National Gas Rules (NGR) was 27 March 2015, being the time specified by

the AER in its request for submissions and a time not earlier than 20 business

days from the end of the revision period. 1

3. On 13 February 2015, Ergon Energy Corporation Limited ACN 087 646 062

(Ergon Energy) made a submission to the AER in response to its request.

On 27 March 2015, Ergon Energy made a further submission to the AER in

response to its request.

1 cl 59(5)(c)(iii) of the NGR.

MINTER ELLISON Waterfront Place 1 Eagle Street BRISBANE QLD 400 ME_123180841 _2 (W2007)

DX 102 BRISBANE Telephone (07) 3119 6000 Facsimile (07) 3119 1000

Reference: KEXF 11 08049

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4. On or about 3 June 2015, and in the exercise of the AER's economic

regulatory functions, the AER made an access arrangement final decision for

JON (Access Arrangement). The Access Arrangement is a reviewable

regulatory decision within sections 2 and 244 ofthe NGL.

5. In the Access Arrangement, the AER noted that it was "simultaneously

considering a number of rate of return proposals and revised proposals from

different NSPs", including a proposal from Ergon Energy2 and considered

the submissions made by Ergon Energy. 3

6. On 24 June 2015 JON made an application to review its Access Arrangement.

7. As at 15 July 2015 the Tribunal is yet to hear JON's application for leave to

review its Access Arrangement.

Leave to Intervene in a review by a 'reviewable regulatory decision process

participant'

8. Ergon Energy is registered as a distribution network service provider under

the National Electricity Rules. It is an unlisted public company beneficially

owned by the State of Queensland. It owns and operates six ( 6) electricity

distribution networks in Queensland and associated connection assets.

9. As Erg on Energy made a submission or comment in relation to the making of

the Access Arrangement within the time allowed by the NOR following an

invitation to do so by the AER, Ergon Energy is a "reviewable regulatory

decision process participant" within the meaning of the term in section 244

of the NGL. It is not a user or a consumer for the purposes of the NGL.

10. On 15 July 2015, Ergon Energy filed an application for leave to intervene in

the review.

2 Jemema Gas Networks (NSW) Limited Access Arrangement Final Decision p 3-17, fn 39. 3 Jemema Gas Networks (NSW) Limited Access Arrangement Final Decision p 3-194, fn 621.

ME_123180841_2 (W2007)

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11. Ergon Energy seeks to intervene and be heard in the review in respect of the

following matters, each of which involves one or more of the grounds for

review set out in section 246(1) ofthe NGL:

(a) gamma: the decision made by the AER under clause 87A of the

NGR;

(b) return on equity: the decision made by the AER under clause 87 of

theNGR; and

(c) return on debt: the decision made by the AER under clause 87 of the

NGR.

12. In the circumstances noted above, it is respectfully submitted that the

Tribunal should grant leave to Ergon Energy to intervene in the review

pursuant to section 254 of the NGL.

Dated 16 July 2015

Signed on behalf of Erg on Energy Corporation Limited

Justin Oliver

Partner, Minter Ellison

Solicitors for the Applicant for leave to intervene

These Submissions were settled by T J Bradley QC and A Coulthard of counsel.

ME_123180841_2 (W2007)