Quote:
Originally Posted by Makarov
Another hurdle for the government (perhaps the first one that needs to be cleared) is that there seems to be at least a plausible argument that even the original language in the PPAs would have been triggered by the introduction of the carbon levy. If so, the application is presumably moot.
No idea how strong that argument is but, as I said, at least seems plausible.
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As well crafted as the application is, there are many arguments available to the respondents. I think the idea that the original language might have been triggered in any event, is one of them.
Frankly, I don't see the additional language as problematic as some. Yes, it changes the risk profile somewhat, but it would also avoid the problems of distinguishing if the companies were profitable and the change of law made them unprofitable, when there are a myriad of issues in play in determining profitability.