Economic Regulation Authority Appointment

Dominique Hogan-Doran SC has been appointed by the Economic Regulation Authority to the pool of arbitrators for disputes involving non-scheme pipelines in Western Australia, under Part 23 of the National Gas Rules. The Rules have the force of law, and are made under the National Gas Law.

This appointment complements Dominique’s earlier appointment by the Australian Energy Regulator in August 2017. Australia is on the cusp of becoming the world's largest liquefied natural gas exporter, having seen investment of more than $200 billion in the past decade.

The ERAWA is the scheme administrator and is responsible for enforcing and monitoring compliance with the non-scheme pipeline information disclosure and arbitration framework in Western Australia. The framework facilitates access to pipeline services on non-scheme pipelines on reasonable terms in order to reflect the outcomes of a workably competitive market. The framework provides a staged approach to assist parties wanting to ship gas on non-scheme pipelines. The stages consist of information disclosure by non-scheme pipelines, access negotiations, and the arbitration of access disputes. The framework is contained in Part 23 of the National Gas Rules which was adopted in Western Australia on 23 December 2017.

The ERAWA has established a pool of arbitrators to determine any access disputes under Part 23 of the National Gas Rules. The ERA, as scheme administrator, is responsible for referring access disputes to arbitration and liaising with parties on the appointment of a pool arbitrator. Part 23 of the National Gas Rules sets out when a dispute can be referred to arbitration and the process.