On 8 December 2025, the Economic Regulation Authority (ERA) announced its determination that Bluewaters Power 1 and 2 Pty Ltd (together, Bluewaters), had breached one or more clauses of the Wholesale Electricity Market Rules between October 2023 and June 2024 and that it had issued Bluewaters with civil penalty notices totalling $5 million.
As referenced in the ERA announcement, lawyers acting for Bluewaters subsequently lodged an application with the Energy Disputes Arbitrator seeking review of the ERA decisions by the Electricity Review Board.
On 6 February 2026, the Attorney General appointed Scott Ellis as the Presiding Member of the Electricity Review Board to hear the application.
On 27 March 2026, Mr Ellis appointed Mr Mark Johnston and Ms Stephanie McDougall as the members from the Panel of Experts to the Board.
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