Dispute resolution, expert advice and testimonyEnergy

Dispute resolution
We have deep expertise in the energy, water, and transport sectors in economic regulation, policy development, project implementation and business decision making.

Experienced in dispute resolution

Geoff Swier and Linda McMillan are members of the Australian Energy Regulator’s (AER) Dispute Resolution Panel.

Geoff Swier was appointed a member of a three person panel comprising Sir Anthony Mason AC (chair) and Tony Fitzgerald AC QC to determine a dispute between Tru Energy and Vencorp.

Other panels that Geoff has been appointed to include:

  • Chair, arbitration panel: UNELCO vs Government of Vanuatu
  • Chair of a three person expert panel established to advise the Australian Energy Market Commission on Synergen’s claim for compensation pursuant to cl 3.14.6 of the National Electricity Rules
  • Sole Dispute Resolution Panel Member determining a claim for recovery from a participant compensation fund for a scheduling error affecting dispatch of the Mintaro Gas Turbine Station
  • Member of the Dispute Resolution Panel for Powercor vs. Vencorp re. Wemen (National Electricity Market, settled)

Respected members of expert panels

We have been members of expert panels:

  • Ministerial Council of Energy: definitional matters for the National Electricity Law and National Gas Law (Geoff Swier)
  • Expert panel – advice to the Minister of Energy on energy security and reliability of the Singapore gas and electricity systems (Geoff Swier)

Experienced in preparing expert reports – regulatory instruments

We have provided expert reports on energy and water sector regulatory instruments and decisions, including:

  • Assessment of proposed changes to Regulatory Process and Practice Rules Expert Report, prepared for the Energy Networks Association (Geoff Swier)
  • Establishment of Generator Compensation Guidelines, produced as part of the AEMC advisory panel (Geoff Swier)
  • An independent expert review of draft water trading rules recommended by the ACCC, prepared for the Murray Darling Basin Authority (Geoff Swier)

Skilled in providing expert reports to support regulatory determinations

We have provided expert reports for regulatory determinations such as:

  • Independent expert report on the regulatory treatment of operating expenditure by the AER, prepared for Jemena Gas Networks (NSW) (Geoff Swier)
  • Independent expert report on the appropriate pipeline classification of the NSW gas networks, Prepared for Jemena Gas Networks (NSW) (Geoff Swier)

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