39BReview of apportionment in budget

39B Review of apportionment in budget

[Section 39B Inserted by No. 40 of 2004, s. 25, Applied:01 Jan 2005]

(1)  If an energy entity disagrees with the apportionment of costs to be borne by the energy entities specified in the budget, it may apply for a review of that apportionment within 14 days after receiving a copy of the budget.

(2)  An application is to be made in writing to the Ombudsman.

(3)  As soon as practicable after the end of the 14 day period in which applications for a review of the apportionment of costs may be made under subsection (1) , the Ombudsman is to provide each energy entity with a copy of all applications made under that subsection.

(4)  Within 14 days after receiving a copy of an application, an energy entity may make written submissions in respect of the application to the Ombudsman.

(5)  [Section 39B Subsection (5) amended by No. 20 of 2013, s. 43, Applied:20 Jun 2013] As soon as practicable after the end of the period within which energy entities may make submissions in respect of an application, the Ombudsman is to provide copies of the following documents to the Regulator:

(a) all applications to review the apportionment of costs made under subsection (1) ;

(b) all submissions received by the Ombudsman in respect of those applications;

(c) the Ombudsman's written submissions in respect of those applications.

(6)  [Section 39B Subsection (6) amended by No. 20 of 2013, s. 43, Applied:20 Jun 2013] On receiving the documents referred to in subsection (5) , the Regulator may determine the applications by –

(a) confirming the apportionment of costs specified in the budget; or

(b) varying the apportionment of costs specified in the budget.

(7)  In determining applications, the Regulator –