Therefore, City Power submitted, the Applicants could not challenge the tariff decision by raising arguments, which were directed at the Guideline and Benchmarking Method. That Court, advocated for the fashioning of a remedy which only set aside the bad part and retaining Download casting africa good part.
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The three grounds of review are:. Special Collections. I love that Isindingo has almost episodes. City Power, in turn, filed its answering affidavit on 10 Download casting africa NERSA supplemented the Record for the first time twenty 20 months after the application was launched, and twenty-two Download casting africa months after the launch of the application, Download casting africa, NERSA filed Leeg darbi second supplementary Record.
See our library of exciting textures inspired by life. The cost of supply study should have been carried out within five 5 years from the promulgation of the EPP. In addition, it also, stated that, this can only be achieved by means of a cost of supply study.
The Applicants have challenged the wrong decision. I see many changes much smoother streaming. In, further, developing the argument, City Power submitted that the Oudekraal principle, is recognised as authority by other Constitutional Court judgments, [9] for the trite proposition that until an administrative act is set aside by Court, it exists in fact, and is to be treated as valid, and as a result, NERSA had no discretion to exercise under the circumstances.
The second point Download casting africa in respect of the contention that the Applicants attacked the wrong decision, Download casting africa, which has already been dealt with earlier.
The principles that are relied upon are that the setting or approval of prices, charges and tariffs a must enable an efficient licensee to recover the full cost of its licensed activities, including a reasonable margin or return; d must avoid undue discrimination between customer categories; and e may permit the cross-subsidy of tariffs to certain classes of customers, Download casting africa.
Section 8 of the EPP, which deals with distribution pricing, emphasises this Download casting africa stating that .
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The Android app was submitted and we awaiting feedback. Please make sure that both devices are on the same connection when casting. Therefore, Download casting africa fact that the methodology was referred to as a benchmark did not mean that it was not capable of sourcing relevant information for the purpose of determining whether it covered costs and a reasonable margin or return.
On the basis of that judgment, Download casting africa, City Power argued for the severance of the two tariffs that were adversely affected, in this matter.
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It is, also, not in dispute that the impugned tariff decision is a separate and independent administrative decision from Download casting africa Guideline and Benchmarking approach, and that nothing precludes the Applicants from challenging only the tariff decision without challenging the underlying methodology that produced it.
Thus, the relevant sections of the EPP, namely, section 2 read with Policy Positions 1, [19] 2 [20] and 4 [21] dealing with the general tariff principles; and, section 8 read with Policy Positions 23, [22] 26, Download casting africa, [23] 27 [24] and 29 [25] dealing with cost of supply studies, must be adhered to.
The tariffs were not based on costs as required by section15 1 a of the ERA not cost-reflective ; but, were based on the previous years' tariffs set by NERSA in terms of its benchmarking approach as set out in the Municipal Guideline.
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I really want to see Generations come to the platform. Moreover, in view of the order that City Power has proposed, as will appear hereunder, severance will not be necessary because the order makes it clear that it is only the Applicants who will have any claim to the benefit of the adjusted tariffs, and residential tariffs will not be affected.
Technical support for all Sappi casting and release papers, Download casting africa. Discover Release Paper, Download casting africa. City Power had, thus, a legitimate expectation that its application would be assessed using the Guideline and Benchmarking approach. Policy Position 23 of the EPP, emphatically states that electricity distributors should undertake cost of supply studies at least every five years, but at least when significant license structure changes occur, such Download casting africa in customer base, relationships between cost components and sales volumes.
In support of its argument, City Power, referred to a judgment in Retail Motor Industry Organisation, [17] where the Supreme Court of Appeal, per Justice Plasket, dealt with the question of what happens when a single decision has parts that are good and parts that are bad.
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It is not in dispute that NERSA had, by then, already directed municipalities to submit cost of supply studies that should allow a shift towards cost reflective tariffs for electricity tariffs to reflect efficient costs and reasonable return for every licensee, in line with the requirements of the ERA and the EPP. The method, as specifically argued by the Applicants, was wrongly applied to the business conventional tariffs and the industrial medium voltage TOU tariffs.
The full Record, which should have been filed in Januarywas filed almost two years later on 22 November The Record was filed in full, after the Applicants had filed a supplementary affidavit in terms of Rule 53, the first heads of argument, and the second supplementary affidavit in terms Download casting africa Rule City Power, on the other hand, filed its answering affidavit almost 2 years after the launch of the application.
This information would have assisted in terms of determining whether the municipality concerned, covered its costs and the reasonable margin or return, as envisaged Download casting africa both the ERA and EPP.
NERSA contended that it sourced the information from the Municipality specifically to determine cost reflective tariffs as the cost of supply study of the Municipality was found to be insufficient.
The first supplementary Record contained documents that NERSA argued were before it when the impugned decision was taken and were erroneously omitted when the Record was compiled. According to NERSA, Download casting africa, the method it used in this case, Download casting africa, albeit, the benchmark methodology, took cognisance of the individual cost of supply of the Municipality.
Good day Trevoulin, Thank you for the app review. If there was no discretion to exercise, and NERSA was Download casting africa rigidly apply the methodology, Download casting africa, the information derived from the D-Forms would be unnecessary.
The generic indexing approach was wholly unrelated to the reasonable costs incurred by City Power in providing its licensed distribution service and was inconsistent with the ERA and the EPP. The process was focused on the determination of a generic approved tariff increase percentage and if a municipality's tariffs prior to the increase were already above cost-reflective levels, then the application of an "approved" increase merely perpetuated this state of affairs.
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In addition, NERSA, in that judgment, had a discretion not to rigidly apply the maximum price methodology, Download casting africa, if its application would lead to irrational or otherwise unlawful results. The contention was that it was incumbent upon NERSA to develop municipality guidelines that gave Download casting africa to the jurisdictional facts set out in section 15 1 of the ERA.
In the absence of the cost of supply study, it was argued that, NERSA was empowered to exercise the powers conferred upon it by the ERA and the EPP, to witto request the municipalities to furnish relevant information regarding their costs.
According to City Power, it would have been procedurally unfair for NERSA to have applied a different set of rules to those, Download casting africa, which were in place at the time it submitted its tariff application increase. The EPP, as well, makes Download casting africa clear that tariffs must be cost reflective. Curated collections of textures inspired by life.
They, instead, sought to challenge the tariff decision by raising arguments, which are directed at the Guideline and Benchmarking Method, which is misdirected, so City Power argued. Explore current and future trends and download our trendbooks. Additionally, a guideline or policy may be attacked on the grounds of unlawfulness and invalidity in terms of section 1 a of the Constitution, on the basis that such policy or guideline is inconsistent with the principle of legality and, Download casting africa, thus, invalid.
The order would, correctly so, be confined to the commercial and industrial tariffs.
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Trend Forecasts. NERSA responded to the said notice by indicating that such documents were not available. The Applicants will, as a result, not have a problem with being deprived of substantive relief, if they are successful, because of the delay.
The further submission was that, even if it can be found that NERSA had a discretion, or that PG Group was on point, NERSA acted lawfully and rationally in choosing to follow the policy and, that must be so, because the policy was not set aside, Download casting africa. The Applicants requested that such delay be attributed to NERSA and City Power when the issue of remedy is considered, and that the supplementary Records filed be struck out from the record Download casting africa proceedings.
Product Gallery. There was accordingly no cost-basis for the tariffs imposed. The challenge for City Power, however, is that there are other grounds of review the ruling of which, as will appear clearly hereunder, are in Download casting africa of the Applicants.
NERSA, further, Download casting africa, argued that since there was no formal application before Court for the striking out of the supplementary Records from the record of proceedings, NERSA was ambushed, as it was not informed that such application was to be argued in Court. Additional improvements to the navigation and catalog to make it easier for the user to find what they want and where they stopped watching will be the next step.
On 19 Augustafter the Applicants had supplemented their founding affidavit, as required in terms of Uniform Rule 53, and had, also, filed its first heads of argument, NERSA supplemented the Record by filing the first supplementary Record. This process will enable NERSA to assess the overall cost of supply of a municipality applying for a determination or an increase of its tariffs for that financial year.
The Applicants maintained Download casting africa they stand by all the grounds of review set out in their papers, and were not abandoning any. There was, thus, no question or consideration of "reasonableness" or cost reflectivity in relation to any of the tariffs imposed as required by section 15 1 a of the ERA. It was, thus, factually impossible for NERSA to have determined whether the tariffs per customer category were cost-reflective, Download casting africa, as those costs were unknown.
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