It said yesterday the delay was the result of a request by Epic Energy for further time to provide a response to material OFFgar sent it on the 4 May. The provision of this information was necessary in the interests of according Epic Energy procedural fairness, said Regulator, Ken Michael.
"Epic Energy has advised that in order for it to properly respond to the material, it will require at least until close of business 16 May 2003. As I am proposing to rely on this material in my final decision, the rules of procedural fairness require that Epic Energy should have a reasonable opportunity to make any necessary submissions.
"While any delay is regrettable, I consider that given the circumstances the delay is unavoidable and I now intend issuing my final decision in the week commencing 19 May 2003," said Michael.
