On 30 October 2015, the Economic Regulation Authority (ERA) published a notice advising that it had determined that Vinalco Energy Pty Ltd had offered prices above its reasonable expectation of the short run marginal cost of generating the relevant electricity and that behaviour relates to market power. In accordance with Rule 2.16.9G, the ERA requested that the Independent Market Operator (IMO) apply to the Electricity Review Board (Board) for an order for contravention of rule 7A.2.17.
The IMO (the applicant) has made an application (No 1 of 2016) for orders pursuant to regulation 32(1) of the Electricity Industry (Wholesale Electricity Market) Regulations 2004.
The applicant considers Vinalco Energy Pty Ltd, an entity wholly owned by Electricity Generation and Retail Corporation trading as Synergy, has contravened clause 7A.2.17 of the Wholesale Electricity Market Rules and has made application for a number of orders.
On 16 November 2015, Mr Adrian Malkovic was appointed Registrar of the Electricity Review Board. The term of appointment commenced on 5 May 2016, when an application for an order was lodged.
On 18 July 2016, the Attorney General appointed Mr Scott Ellis as the Presiding Member of the Board to hear the application for review in relation to Application 1/2016.
On 28 July 2016, Mr Ellis appointed Mr Graham Mathieson as one of the Expert Members of the Board. On 2 August 2016, Mr Ellis appointed Ms Jenny Davis as the second Expert Member.
On Monday, 19 June 2017, the parties appeared before the Board, Mr S Ellis Presiding and Board Members Ms J Davis & Mr G Mathieson both present. The parties' representatives addressed the Board on liability and penalty. The Board reserved its decision and adjourned the application to a date to be fixed.
On 1 September 2017 the Board published its decision together with reasons in Application No 1 of 2016 Independent Market Operator and Vinalco Energy Pty Ltd.
Mr Malkovic's contact details are:
Tel: +61 8 9264 1893
Email: registrar@erb.wa.gov.au
