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Past Applications

Application for coverage of the Eastern Gas Pipeline

AGL Energy Sales and Marketing Ltd applied for coverage of the Eastern Gas Pipeline (EGP) on 7 January 2000. At that time, the following three companies were constructing the EGP between Longford (Victoria) and Horsley Park (Sydney, NSW) – Duke Eastern Gas Pipeline Pty Ltd, DEI Eastern Gas Pipeline Pty Ltd and Duke Australia Operations Pty Ltd. The service provider, Duke opposed coverage of the EGP, arguing that it should be covered under a voluntary undertaking it had lodged with the Australian Competition and Consumer Commission in November 1999.

Key to the Council’s recommendation was coverage criterion (a) – whether access would promote competition in a dependent market. In this case the Council examined whether access to the EGP would promote competition in the South East Australian gas sales market. The Council was satisfied that access would promote competition and also concluded that the other three coverage criteria were satisfied. Thus the Council recommended to the Commonwealth Minister for Industry, Science and Resources on 30 June 2000 that the EGP should be covered.

On 16 October 2000 the Minister determined that the EGP would be covered under the National Gas Code.


The Duke Group of companies applied to the Australian Competition Tribunal for review of the Minister’s decision.

On 4 May 2001 the Competition Tribunal delivered its decision not to cover the EGP. The Tribunal concluded that criterion (a) was not satisfied – that access would not promote competition in a dependent market, notably the market for gas sales in South East Australia as the Competition Tribunal considered that Duke did not have the market power to restrict competition in gas sales. The key determinants of the Competition Tribunal in respect of criterion (a) included:

  • the commercial imperatives faced by Duke (such as to maximise the return on the pipeline by optimising use)
  • the countervailing power of other market participants
  • the existence of spare pipeline capacity serving the gas sales market; and
  • competitive pressure from other pipelines – the Interconnect and the Moomba to Sydney pipeline.

The application, issues paper, submissions, draft and final recommendation and the Minister’s decision and reasons are available below.

Decisions of the Competition Tribunal can be accessed at


Application, 7 January 2000 (PDF, 20KB)

Joint ACCC/NCC Press release re EPG regulatory oversight, 21 January 2000 (PDF, 11KB)


Issues Paper, January 2000 (PDF, 232KB)


Submissions in response to the Issues Paper

Institute of Public Affairs, 3 February 2000 (PDF, 56KB)

Energy Australia, 11 February 2000 (PDF, 35KB)

Public Interest Advocacy Centre, 2 February 2000 (PDF, 10KB)

Western Australian Office of Energy, 11 February 2000 (PDF, 12KB)

East Australian Pipeline Limited (EAPL), 10 February 2000 (PDF, 61KB)

South Australian Office of Energy Policy, 23 March 2000 (PDF, 14KB)

East Australian Pipeline Limited, 17 March 2000 (PDF, 15KB)

Australian Gas Users' Group, 31 March 2000 (PDF, 7KB)

AGL, 31 March 2000 (PDF, 6KB)

East Australian Pipeline Limited (enclosing NECG report), 31 March 2000 (PDF, 46KB)

Duke Energy International, 3 April 2000 (PDF, 483KB)

Energy Markets Reform Forum, 10 April 2000 (PDF, 12KB)

Duke Energy International, 2 May 2000 (PDF, 80KB)


Draft Recommendation, May 2000 (PDF, 487KB)


Submissions in response to the Draft Recommendation

East Australian Pipeline Limited, 6 June 2000 (PDF, 17KB)

CMS Energy, 6 June 2000 (PDF, 48 KB)

Australian Pipeline Industry Association, 6 June 2000 (PDF, 30 KB)

Santos, 5 June 2000 (PDF, 27KB)

GGT Pty Ltd, 6 June 2000 (PDF, 39 KB)

Great Southern Energy, June 2000 (PDF, 24KB)

NECG submission on behalf of Duke and EAPL, 13 June 2000 (PDF, 174KB)

LECG submission on behalf of Duke, June 2000 (PDF, 362KB)

Woodside Energy Limited, 9 June 2000 (PDF, 19KB)

Incitec, 15 June 2000 (PDF, 13KB)

Duke Energy International, 27 June 2000 (PDF, 132KB)

Duke Energy International (through Minter Ellison), 28 June 2000 (PDF, 553KB)


Consultant's report - Competition in Gas Pipeline Markets, The Brattle Group, June 2000 (PDF, 125KB)


Final Recommendation, June 2000 (PDF, 281KB)


Minister's decision and reasons, 16 October 2000 (PDF, 67KB)